How to file for divorce Printable versionLast update: 17.11.2020
For many, the process of divorce is unpleasant, as in the moral sense, and in the bureaucratic one. In this article we will try to describe the procedure for issuing a divorce as clearly as possible, providing answers to the most frequently asked questions.
The main normative legal act regulating the order of termination of marriage is the Code of the Republic of Kazakhstan "On marriage (marriage) and family".
When can I divorce?
According to Article 16 of the Code, divorce is carried out in the following cases:
- at the request of one оr both spouses;
- at the request of the guardian of the spouse (spouse) recognized as incompetent by the court.
Moreover, according to part 2 of Article 16 of the Code, it is impossible to dissolve a marriage without the consent of the spouse during her pregnancy, and also during the first year of the child's life.
Where to apply for divorce
Marriage can be terminated in two ways - through the CRO or through the court. Each of these paths has its own conditions and we will dwell on them in more detail.
The procedure for divorce through CRO
You can apply to CRO when both spouses agree to a divorce, do not have general minor children, and they do not have mutual claims, including property.
At the same time, regardless of the presence or absence of minor children, marriage in CRO can be terminated if one of the spouses is recognized by the court as missing, incapacitated or incompetent, and also if convicted of committing a crime with imprisonment for at least three years.
If all these conditions are met, then the application for divorce can be submitted online via the eGov.kz electronic service.
Procedure for divorce through court
Dissolution of marriage through the court is made:
- if the spouses have common minor children, except for cases when one of the spouses is recognized by the court as missing, incapacitated or incompetent, or convicted for committing a crime with imprisonment for a period of not less than three years;
- if one of the spouses disagrees on the divorce;
- if one of the spouses shies away from divorce;
- if the spouses have property or other claims to each other.
In the presence of minor children and the absence of mutual property claims, a court can terminate a marriage without asking for reasons if:
- both spouses agree to a divorce;
- one of them by his actions or inaction deviates from the divorce.
When deciding on the dissolution of marriage by a court, the following issues are considered:
- with whom of the parents will live under-age children after the divorce;
- who of the parents and in what amount will pay maintenance for the maintenance of children;
- division of property in the joint joint ownership of the spouses, taking into account the interests of minor children and the spouses themselves;
- Determination of the size of the content at the request of the spouse entitled to receive it.
The list of necessary documents for divorce, the place of granting and the amount of state duty
Through CRO (in any registering authority on the territory of the Republic of Kazakhstan at the request of the spouses or one of them) - when registering the divorce by mutual consent of the spouses:
- a statement in the form in accordance with Appendix 18 to the Rules for organizing state registration of acts of civil status, amendments, restoration, cancellation of records of acts of civil status;
- Identity document;
- certificate of marriage;
- receipt for payment of state duty (cost - 2 MCI).
When applying to the portal for registration of divorce (matrimony) by mutual consent of spouses who do not have minor children:
- an electronic application certified by the EDS of the service recipient or certified by a one-time password, in the case of registration and connection of the subscriber number of the service recipient provided by the cellular operator to the portal account;
- information about the registration of acts of civil status.
Through CRO (at the place of residence of the spouse who submits the application) - at the registration of the divorce on the basis of the court decision that entered into legal force on recognizing the spouse as missing or incapacitated, also with the persons convicted by the court for committing the crime to imprisonment for at least three years:
- a statement in the form in accordance with Appendix 19 to the Rules for organizing state registration of acts of civil status, amendments, restoration, cancellation of records of acts of civil status;
- Identity document;
- a copy of a court decision or a court verdict;
- certificate of marriage;
- receipt for payment of state duty (cost - 0.1 MCI).
- Notarized power of attorney, in case of a request from a representative of the service recipient.
Through the court - when registering divorce by a court decision:
After divorce in court, you do not need to apply to the registry office to obtain a certificate, since the registration procedure is automated and information from the Supreme Court is automatically sent to the information system of the Ministry of Justice and a mark on its dissolution will be put in the marriage record.
The documents are submitted to the court at the place of residence of the defendant or, if the place of residence is unknown, at the location of his property. The plaintiff can file a statement of claim with the court at his place of residence if, for health reasons, he can not attend the court session at the defendant's place of residence, or if a minor child lives with the plaintiff.
When applying to the court of a claim for divorce from the applicant, a state fee of 0.3 MCI is charged. In the event of the division of property upon divorce, the fee will be 1% of the amount of the claim.
Saving or changing the surname during divorce
According to Article 243 of the Code, a spouse who changed his surname upon entering into marriage (matrimony) to another must indicate whether to keep the common surname or change this surname to premarital at state registration of divorce (matrimony) in the application for dissolution of marriage (matrimony).
When changing the surname on the basis of a court decision on dissolution of marriage (matrimony), the citizen is obliged to exchange identity documents within a month.
Identity documents for the changed surname are issued by an authorized state body on the basis of a court decision on divorce (matrimony).
Terms of state registration of divorce
State registration of divorce (matrimony) by mutual agreement of spouses who do not have minor children is provided after a month from the date of filing the application. The period begins on the next day after the application is filed and expires on the corresponding date of the next month. If this number falls on a non-working day, then the next working day is considered the day of expiration of the term. The monthly term cannot be reduced;
The term for the provision of services for state registration of divorce on the basis of a court decision with persons recognized as missing, incapacitated or convicted of committing a crime to imprisonment for at least three years is 45 calendar days.
Dissolution of a marriage in court is carried out after one month from the date the spouses filed a divorce application with the court. In exceptional cases, the court has the right to dissolve the marriage before the end of this period.
If one of the spouses does not agree to the divorce, the court has the right to postpone the proceedings, setting them a period for reconciliation within six months. The marriage will be dissolved if these measures are ineffective.
A divorce certificate is issued to each of the spouses at the place of state registration of divorce by the registering authority, i.e. REGISTRY OFFICE.
How to claim alimony and what is needed for this
When the spouses have divorced children and there is a question of their further maintenance, this is decided through a voluntary or compulsory (through the court) request for alimony.
Recall that according to the Code "On Marriage (marriage) and the family", alimony is the monetary or material maintenance that one person is required to provide to another person entitled to receive it.
The procedure for demanding alimony is a very extensive topic and is highlighted in our separate article "Alimony in Kazakhstan". The following questions are considered there in all details:
- Who is entitled to payment of alimony;
- In what amount should alimony be paid;
- What kinds of earnings can alimony be withheld from?
- How to make an agreement on the payment of alimony;
- How to collect alimony in court.
Division of property in divorce
Another painful issue in the divorce is the division of joint property of the spouses. On this topic, we also have a separate material "Property of spouses in marriage or the rights of spouses in case of divorcement", which we strongly recommend to read. It describes the following issues:
- What does privet property include?;
- What does joint property include?;
- Spouses' shares in joint property and what is considered by the court in case of property division;
- How to divide real estate in divorce or special cases of property division;
- Whether debts, responsibility of spouses for obligations are divided in divorce;
- How to apply to the court for the division of property during divorce or after a divorce.