Where to get a divorce if you have a child. B) Legal regime of marital property. The fate of the child after divorce

Divorce procedure, if concluded official marriage, is strictly regulated by law. In case you have married couple there are no common children or disputes over property, then the registry office can also dissolve the marriage. A divorce, if there is a child or there are property disputes, can only be granted by the court.

Which court to go to for divorce if there is a child?

If the second spouse is declared missing, incompetent, or he is convicted by a court of a criminal offense with a sentence of more than three years, you can submit an application to the registry office.

The court considers a divorce case in the following cases:

• if the spouses have children under the age of 18, it does not matter whether there are disputes regarding who the child will remain with after the divorce;
• if there are disagreements in the division of property;
• when the second spouse does not give voluntary consent to divorce either through the registry office or through the court.

In short, the court is considering the overwhelming number. More often, another question arises: which court to go to if a child is involved in a divorce case. According to the law, the plaintiff has the right to file a claim for divorce in the court of first instance: magistrate or city (district). It makes sense to go to the magistrate’s court if:

• there is no disagreement about where the child will live after the divorce;
• there are no disputes about how to divide the property, or the value of the divided property does not exceed 100 thousand rubles;
• if the divorce is not complicated by additional claims and statements: for example, about establishing paternity, deprivation parental rights, changing the child’s surname, adoption, and so on;
• there are no disputes regarding alimony;
• no counterclaim for divorce has been filed.

In other cases, the city (district) court will deal with the divorce.

The claim is filed at the place of residence of the defendant, but in practice most often divorce cases are heard at the place of residence of the plaintiff. The law allows this in two cases:

• if minor children live with the plaintiff (confirmed by a certificate from the housing department);
• if the plaintiff suffers from a disease that makes it difficult for him to move, or is disabled (confirmed by a certificate from a medical institution).

What to include in a divorce claim

Content statement of claim must contain a number of mandatory elements, provided by law. The secretariat must provide the plaintiff with a sample of how to write a claim. It must indicate:

• the name of the body that will consider the divorce case;
• information about the plaintiff, including information about the address of residence and registration, or information about his representative;
• information about the defendant;
• information about where and when the marriage was concluded, the terms of the marriage contract (if it was concluded);
• reasons that make further cohabitation impossible (the law does not stipulate what reasons should be considered “valid”; this remains at the discretion of the judge; reasons such as are usually given: adultery, alcoholism, drug addiction, psychological illness, discrepancy in life interests, cruel treatment, sexual dissatisfaction, a separate item should be indicated if the terms of the marriage contract were violated);
• evidence that confirms the truth of the reasons (for example, a certificate of alcohol addiction from a medical institution or a district police officer’s resolution regarding bodily injuries inflicted by the spouse);
• a list of people who can act as eyewitnesses and testify in favor of the plaintiff;
• list of documents provided.

Since in a divorce with children there is an acute question of who the minors will stay with after the divorce, the application must indicate:

• full information about the child or children;
• has an agreement been reached between husband and wife about their future fate? If not, then it is necessary to indicate what disagreements exist;
• the desired amount of alimony (sometimes it is necessary to file a separate claim for alimony);
• other information that the plaintiff deems necessary to provide (for example, you can indicate the fact that the father avoids raising the children).

The last point is important if other applications are filed along with the divorce claim.

What documents are needed for divorce when there is a child?

The basis for the list of documents when filing an application for divorce is the same. Before filing for divorce, you need to prepare full package documents. The plaintiff will be asked:

• the statement of claim itself, completed in accordance with the requirements of the law;
• copy of passport;
• a copy of marriage and birth certificates;
• a receipt for payment of the state duty (the state duty for divorce in 2017 was 650 rubles).

Depending on the content of the claim and the specifics of the divorce process, the court office may additionally request:

• information about the income of the spouses (to determine the amount of alimony);
• inventory and assessment of property belonging to the spouses (in the event of property disputes);
• information about physical and mental state participants in the process;
• certificate from place of residence about family composition;
• other certificates and petitions, for example, in case of deprivation of parental rights or adoption, will definitely ask for an opinion from the guardianship and trusteeship authorities.

The plaintiff must also be prepared to provide additional documents, which may influence the outcome of the trial and confirm his statements.

How does divorce happen if there is a child - features

First of all, the court will be guided by the interests not of the plaintiff or defendant, but of the child.

Therefore, the party wishing to keep the child must prove to the court that he would be better off with him.

It is with this circumstance that all the drama of divorce proceedings in court is connected.

It’s one thing when one of the spouses leads an immoral lifestyle and does not devote enough time to raising a child. But if both parents have equal “price,” then it can be quite difficult for the court to decide with whom the child will be better off. It is difficult for the child himself to watch how two people he loves often try to denigrate each other and prove that they love the child more than the other side.

According to the law, if a minor is 10 years old, he can independently decide with whom he will live, and the court is obliged to take his opinion into account.

If the child is still young, the judge makes the decision entirely for him. If the spouses, in preparation for the divorce process, agreed on the issues of raising and maintaining the child, they must submit a corresponding agreement to the court. The same applies to alimony issues.

In case, in addition to disagreements about the future minor child, property disputes arise, the consideration of the case may become even more complicated. Therefore, in order to save time and to preserve the psyche of the child, who will have to attend most court hearings, it is better to agree on as many problematic issues as possible in advance and provide the relevant documents to the court.

How to decide who your child will live with

This is a sore point for many divorcees and a stumbling block when legal proceedings. The law stipulates that parents can voluntarily determine with whom the child will live, and with whom and under what conditions the child will see. If this does not happen, then it is necessary to submit an application from the parent to determine the place of residence of his child. The court will be obliged to determine with whom it would be better for the child to live, and the opinion of the minor must be taken into account if he has reached the age of 10 years.

In addition to the child’s opinion, the court takes into account the following circumstances:

• his attachment to certain family members, such as grandparents;
• his attitude towards each of the parents;
• his age and psychological state;
• relationships between parents and relatives;
• the opportunity on the part of each parent to provide the child with conditions for his full development;
• the parent's financial security;
• parent's employment at work;
• conditions for the child’s future residence, including sanitary and hygienic conditions of the home, availability of health care and education services in the area of ​​residence.

It is important to understand that high salaries and good conditions residence is not a guarantee that the judge will give preference to the most financially secure parent. First of all, the court will take into account the child’s opinion, as well as the parent’s employment. If a parent spends the whole day at work or goes on frequent business trips, this means that he is unlikely to be able to fully educate his offspring.

In addition, the opinion of a representative of the guardianship authority, who is required to be present at the court hearing, is taken into account.

A statement of claim to determine the place of residence of a child is usually filed together with a claim for divorce. It must include:

• name of the court where it is filed;
• information about the plaintiff and the defendant;
• information about a third party (usually a representative of the guardianship authority who acts as an independent expert);
• information about the child;
• a statement of information and facts that, in the opinion of the plaintiff, will contribute to the court determining the place of residence of the child with the plaintiff;
• evidence and evidence confirming the given facts;
• list of documents that are attached to the application.

Preparing for trial

When considering a divorce case involving a minor, a representative of the guardianship and trusteeship authorities must join the process. His role is very important. As a teacher, he gives an independent judgment, which is necessarily taken into account by the court. In addition, he often acts as a third party in numerous disputes between spouses before a divorce and is able to resolve a significant number of disagreements even before the start of the trial.

In preparation for the hearing, the judge may call the defendant or plaintiff to talk with them about the fact of the claim. Regardless of whether there have been preliminary conversations or not, the parties should carefully prepare for the court hearing.

According to the law, the circumstances that the parties must prove include:

• how attached the child is to parents and other family members;
• personal qualities of parents that will present them from the best side;
• the relationship that existed between parent and child in the past and what exists now;
• the circumstances that led to the divorce;
• the opportunity on the part of each parent to provide children with full physical and psychological development.

After the court has made a determination that the child lives with one of the parents, the second parent is not deprived of the right to see him and take part in his upbringing. His rights include:

• the opportunity to receive reliable information about his health, education, and so on;
• the possibility of systematic communication with the child;
• the opportunity to resolve issues related to the child’s future, for example, his education or travel abroad.

If the influence of the second parent causes any damage to the physical or psychological health of the child, the parent with whom the minor lives permanently has the right to file a lawsuit to have the defendant limited in contact with the child.

Time limits for divorce proceedings if you have a child

The general rule determines that in a magistrate’s court civil cases are considered within a period of up to 1 month, in a city or district court - up to 2 months. At the same time, courts are recommended to consider divorce cases first.

If the claim is “simple”, that is, it contains minimal amount requirements and there is no opposition from the second spouse, the review can be completed within a week. Spouses are invited to court hearing, at which their testimony is heard and witnesses are questioned. The judge makes one of the following decisions:

• dismisses the claim;
• satisfies the claim;
• adjourns the meeting to another date for a legitimate reason.

The meeting may be postponed an indefinite number of times, but the total time for consideration of the claim should not exceed 3 months.

At his discretion, the judge can consider all claims (for example, for divorce and alimony) in one process, and can make decisions in different days. This depends on the workload of the court and the content of the statements of claim themselves. How to file for divorce - all claims at once or separately, the plaintiff decides, but in order to save time, it is better to file all applications at once.

Where to file for divorce?

If a decision is made to divorce, the question often arises of where to file for divorce. This can be done either through the registry office or through the court. The first method is simpler, but it is not possible in all situations, which is why the second option is used more often when divorcing a marriage. The corresponding application and documents for divorce through the court must be submitted directly to the judicial authorities.

As stated in the RF IC, divorce by going to court becomes a necessity for citizens in cases where:

1. The other spouse does not want to give his consent to the divorce procedure at the registry office.
2. The other spouse actually agrees to the termination marriage union, however, by all possible ways avoids visiting the registry office for legal registration divorce proceedings.
3. Married citizens have a minor child.

1. 1. The application, which is drawn up by the plaintiff in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must include the following data:
   • full name of the judicial authority that is the addressee of the document;
   • information about the plaintiff (his full name, place and date of birth, residential and registration address, passport details);
   • information about the defendant (his full name, place and date of birth, residential and registration address, passport details);
   • place and time of marriage, which should be dissolved on the basis court decision(in this case, it is necessary to confirm the specified information by indicating the details of the document on the marriage between the parties);
   • information about common children, details of their birth documents;
   • information about attempts to pre-trial resolve the issue of divorce and other disputes related to this procedure;
   • a complete list of documentation that was attached by the citizen who applied to the judicial authorities for divorce to the statement of claim (you can download a sample application for divorce to the court on our website).
2. Passport of the citizen acting as the plaintiff.
3. Receipt for payment of the state duty (see “How much does a divorce cost: state duty for divorce in 2017-2018 (court, registry office)?”).
4. A document confirming the fact of marriage, in the original copy.
5. Birth certificates of all common minor children of the spouses. These documents can be presented both in the form of originals and in the form of notarized copies.
6. Certificate of family composition from the management company at the plaintiff’s place of residence, which confirms the fact cohabitation child with spouse.
7. Documents specifying the size wages each of the parties (if the issue of alimony is being decided simultaneously with the divorce).
8. A marriage contract concluded between spouses.
9. A statement of the consent of the other spouse to divorce, which was certified by a notary. Such a paper is submitted to the judicial authorities if the defendant does not have any objections to the court dissolving his marriage with the plaintiff. As a rule, in the application the spouse acting as the defendant indicates:

• your full name;
• date of birth;
• Place of Birth;
• location;
• consent to divorce;
• information about the place and time of marriage;
• details of the marriage document;
• number of the entry on the marriage union made in the registration documents;
• information about the second spouse;
• information about the existence of property claims against the spouse;
• date of document preparation;
• personal signature.

How to file for divorce unilaterally? What do you need to file for divorce in this case?

For one reason or another, situations arise when one of the spouses decides to divorce unilaterally? The legislation of the Russian Federation, in particular the Family Code (Article 18), does not deprive citizens of this opportunity, provided they comply with the established requirements. You can do this in two ways:

• outside judicial procedure;
• judicially.

In the first case, a unilateral divorce is possible only in strictly defined cases by law: when the second spouse is recognized as missing, deprived of his legal capacity, or sentenced to actual imprisonment for longer than 3 years.

If the spouses are unable to resolve the problem peacefully, it is resolved in court. In Art. 17 of the Family Code states that divorce will not take place only if the pregnant woman does not consent to it or if the family has a child under one year of age.

If there is a notarized application from the absent spouse, a unilateral divorce is also possible through the registry office. It is also possible if the second spouse is sentenced to real imprisonment for a term exceeding 3 years, is declared missing or is incompetent.

After the judicial authorities accept the application, the plaintiff will receive a document scheduling a court hearing. At the same time, the plaintiff should remember that the decision on divorce is made by the court within 1 month from the date of filing the relevant application.

Court hearing on divorce case

Divorce without mutual consent

A trial in a divorce case is scheduled on the basis of a statement of claim filed in accordance with the procedure established by law. The court may make a decision to dissolve a marriage if further marriage relations between citizens are impossible.

Wherein government bodies have the right to take a number of conciliatory measures aimed at restoring the marriage so that citizens refuse divorce. In such cases, the proceedings may be postponed. The maximum period during which spouses can refuse to divorce should not exceed 3 months. If all the measures taken to reconcile the spouses have not brought desired results, then the court dissolves the marriage.

Divorce by common consent

If each of them agrees to termination marital relations, the court decides to divorce the parties. In this case, the decision is made without clarifying the reasons for the divorce. Citizens can submit an agreement regarding children to the court; if such a document has not been drawn up, then the court independently takes measures to protect the interests of the children.

The children's agreement usually contains information about:

• with whom the child will live;
• what is the procedure and amount of alimony paid for child support;
• what are the conditions for dividing property?

Registration of divorce

After the court makes a final decision on the parties' divorce, it must be registered in the registry office. The court sends an extract from the relevant decision to the state bodies that register the marriage of citizens no later than 3 days from the date of its entry into force.

After the registration authorities register the divorce, citizens are issued a certificate of divorce. Until it is received, persons cannot enter into a new marriage relationship.

Thus, to begin the divorce procedure, the initiating spouse needs to collect a package of documents, draw up an application and submit all documentation to the court for consideration. The final decision of the judicial authorities that accepted the documents from the plaintiff depends on the correctness of filling out the application, the completeness and reliability of the information provided.

How to file for divorce online?

IN Lately You can file for divorce via the Internet, and this service is already quite in demand. In this case, it is enough to visit the government services portal: here you can submit an application directly to the registry office, provided that there are no joint minor children and property claims on the part of one of the spouses. In all other cases, an online application is submitted to the courts.

As for the state duty, here you can either pay it in a way convenient for you (electronic currency or bank card) or print a receipt for its payment.

The main advantage of this application option is that you will be able to significantly reduce time costs and save your nerves, since you will not have to stand in huge queues.

If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.

If your partner gives you consent to divorce, then you can quickly.

Divorce through the registry office is quick and simple, but we will consider the option of divorce in court.

Grounds for ending a marriage.
- When does one file for divorce in court? Conditions.
- Which court should I file for divorce in?
- Documents for filing for divorce through the court.
- How is the trial going?
- Divorce terms.
- Nuances of divorce through court.
- Grounds for termination of marriage.
- State duty and the cost of a lawyer’s services during a divorce through the court.
- Video.
- An example from judicial practice.

Grounds for termination of marriage

From the perspective of legislation (Article 16 of the RF IC) grounds for termination family relations 4:

• Death of one of the spouses;
• Recognition of a spouse as deceased (by the court);
• Filing an application for divorce by one of the spouses (by the guardian of the spouse if he is incapacitated);
• Filing of an application for divorce by both spouses.

In the first two cases, the marriage is terminated at the moment the event occurs or the court decision enters into legal force.

When does one file for divorce in court? Conditions.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?

There are three cases:

• The presence of joint children under 18 years of age (clause 1 of Article 23 of the RF IC);
• Reluctance of one of the spouses to part with their other half (Article 22 of the RF IC);
• Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2 of article 21 of the RF IC).

In the first case, everything is clear: even if a husband and wife vying with each other about the impossibility of living together in the future, but they have at least one common child (a minor), they will still have to get a divorce in court.

In the second, everything is also clear: a husband or wife wants freedom, and, accordingly, his wife or husband counts on speedy reconciliation and family preservation. The registry office will not divorce such a couple. The matter will be decided in court.

The third case is the most interesting: both spouses agree, but one of them sabotages the event in every possible way and simply does not show up at the registry office on the day appointed for the divorce. In this case, the person wishing to break off the family relationship will have to file a claim in court for divorce.

Which court should I file for divorce in?

As a general rule, divorce cases are considered by world judge– clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. If, during divorce proceedings, a husband and wife decide to determine their place of residence joint child, then such a case will be considered district court - Art. 24 Code of Civil Procedure of the Russian Federation.

The claim is filed in court at the place of residence of the defendant, or the plaintiff, if the place of residence of the former is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff if a minor child permanently lives with him, whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Served at general rules submitting an application. The initiator of the divorce will be called the plaintiff, the other party will be called the defendant.

The claim shall indicate the full details of both parties, including place of residence, grounds for divorce (formal condition), and also attach documents (copies):

• Marriage certificate;
• Children's birth certificates;
• Certificates of income, if we are also talking about the collection of alimony;
• Document confirming payment of state duty;
• The spouse's consent to divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the claim is filed by the applicant. The plaintiff and defendant receive a divorce summons by mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the divorce, the reasons for the divorce, and the possibility of saving the family.

If both spouses have a strong desire to separate, but there are no disputes on other issues, then divorce proceedings in court this is where it ends. The court issues a divorce decree and, after 30 days, sends a copy of it to the registry office. If everything in the case is not clear: the husband/wife does not want to separate, then the court sets a period for reconciliation of the parties, usually 3 months. If after the expiration of the period the parties have not found common language, then the judge makes a decision to end the marriage.

In case of no-show...

If both spouses do not come to court, then the case is terminated and the family is preserved, but if there is only one, then first the judge finds out:

• Was the person who failed to appear properly notified and, if so, then;
• Was his reason for not appearing valid?

If the party has been duly notified and no request has been made to consider the case in his absence, then the judge may either reschedule the hearing to another date or hold the hearing in the absence of the person who failed to appear.

Two failures to appear are allowed (two postponements of the hearing); on the third failure to appear, the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the court decision to enter into legal force) from the moment the plaintiff submits the application.

If only one spouse has a demand to break family ties, then the trial may drag on for 4 months(plus 1 month for the court decision to enter into legal force). Included on time as much as possible valid time for reconciliation of the parties.

If only one party has a strong desire to get a divorce, and the other, after the allotted period for reconciliation, did not appear at the hearing, and then did not appear again and again, then you will have to get a divorce for the whole 6 months from the date of filing the claim (plus 1 month for the court decision to enter into legal force).

If the divorce process involves, then the terms, in general, can vary from six months to one and a half years.

Nuances of divorce through court

Family law of the Russian Federation provides the right to initiate divorce to both husband and wife, however, there are some nuances.

Thus, the husband does not have the right to file for his wife even a year after the birth of the child. The court will divorce a couple only if the spouse expresses a desire (Article 17 of the RF IC).

If the claim for divorce includes a request for the division of property, then such a claim can be filed in court at the location of this property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the case of simultaneous division of property, along with the claim, it is advisable to file a petition to seize the property so that the defendant cannot realize it.

It happens that spouses reconcile after the court has made a decision on divorce. In this case, the law gives the right to appeal the court decision within 30 days, and in the court of second instance to abandon the claim.

State duty and the cost of a lawyer for a divorce through the court.

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to untie himself married life, you'll have to spend money.

Cost of divorce, excluding compensation (if any) marriage contract), the property consists of state fees and the cost of services of a trusted person (lawyer).

There are three duty options depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
with mutual consent of the spouses who do not have common minor children - 650 rubles for each spouse.
2) Upon divorce judicially- 650 rubles from each spouse.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term exceeding three years - 350 rubles.

The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court will cost from 10 thousand rubles. In the provinces, amounts may be smaller.

An example from judicial practice

Inna B. filed a lawsuit for divorce from her husband Stanislav B.. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband currently lived. The spouse also filed for division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously made a demand to determine her permanent place of residence with her mother.

Stanislav did not appear at the court hearing. The court decided to postpone the consideration of the case for a month. Stanislav again failed to appear at the re-hearing, and the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and stated that he did not intend to separate from his wife, but wanted to maintain the relationship for the sake of his daughter. The court set a deadline for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, dividing the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the spouses’ property amounted to one garage. Subsequently, Inna was unable to prove that she did not know about the sale of the car and was unable to cancel the transaction.

As a rule, the divorce process is accompanied by significant difficulties, which makes it difficult to complete it in as soon as possible succeeds extremely rarely. If the couple has minor children in their care, then the divorce will take place exclusively with the participation of the court. This rule was established at the highest state level, since there is a need to carefully protect the interests of the minor. Let us consider in detail how to file for divorce if you have minor children.

Where to go in case of divorce if there is a child

All spouses who are raising children who have not reached the age of legal capacity will be forced to go to court when initiating divorce proceedings. The legislator establishes that the key priority in cases of this type There will be maximum protection of the rights and interests of minors, therefore the process will take place under the vigilant control of the judiciary.

In this situation, many users do not understand where exactly to turn. At the state level, the following recommendations are given:

1. If any controversial issues settled, then you can send an application for divorce to the magistrate's court. However, this is available only to those users who have fully understood all the complications associated with determining the place of residence of a minor citizen, child support obligations and the division of property values.
2. If some issues remain unresolved and it is not possible to reach a compromise on them, then the district court will deal with the divorce process.

The claim is filed depending on the place of residence of the defendant. However, if the plaintiff does not have the opportunity to send the claim there, since he lives with a minor for whom he needs ongoing care, then he can send the petition based on his location.

Divorce procedure. How does divorce happen with children?

Divorce of spouses with minor children takes place with the active participation of the judiciary. First of all, the judge must determine whether there are prerequisites for a calm resolution of the situation and for reconciliation of the parties.

If it is impossible to prevent a divorce, then the court will undertake a thorough analysis of the key issues in this area:

• determining the place where the child will live in the future;
• consideration of the possibility of dividing children;
• establishing a procedure for the participation of the second parent in all matters of their child, from financial support to educational issues;
• alimony obligations. We are talking about determining the amount of monthly payments, and assigning the responsibility for paying financial support to the child to the parent who lives separately.

As practice demonstrates, the presence of controversial and unresolved issues significantly complicates the divorce process, and therefore the procedure for completing the procedure will be adjusted. Therefore, all issues that could lead to complications in the foreseeable future should be resolved as early as possible.

In general, regarding divorce through court with children, the termination procedure will take place in several steps:

1. Controversial issues should be resolved before filing a claim in court. If ex-spouses there is a desire to break off their relationship as soon as possible, they need to go to the magistrate's court. Then the procedure will happen more quickly.
2. The statement of claim must be registered with the secretariat, and taking into account the requirements of the law, it will be accepted or rejected.
3. If the spouses do not have any disagreements, they will be divorced at the first meeting. Otherwise, a date for a retrial will be set, which will take place 1-3 months later. This period is set to provide spouses with the opportunity to peacefully resolve their differences, or to reconcile and save the family.
4. After the court verdict is issued, its eligibility will be approved and established after 1 month. As soon as this deadline has arrived, after 3 days the registry office will receive an official extract from the court decision, on the basis of which the divorce in the presence of minor children will be registered. As soon as the registry office employees make adjustments to the registration books, each spouse will be given a certificate confirming the fact that the marriage is no longer relevant.

Preparation of a statement of claim. Sample

Like any document sent for examination to judicial authorities of various jurisdictions, the statement of claim must comply with all the requirements established at the highest state level. In particular, Article 131 of the Code of Civil Procedure of the Russian Federation puts forward rules for the text of the document, and any sample must contain the following information:

• full name of the court receiving the paper for analysis, personal information of all parties to the process, including information about place of residence, registration, etc.;
• documentation confirming the fact official registration marital relations;
• argumentation of circumstances that prevent the further existence of the family unit;
• information about the presence of joint children who were under 18 years of age at the time of filing the claim;
• providing your position on the issue of divorce proceedings. In particular, the applicant must indicate his wishes regarding the residence, upbringing and financial support of the minor after the dissolution of the marital relationship;
• confirmation of your position by providing the necessary evidence confirming the legitimacy of the applicant’s claims;
• wording to the court, which should begin with the word “Please,” a list of documentation provided along with the application.

What documents must be attached to the application?

Any petition sent to the court for examination must be supported by a certain package of documentation, which will act as confirming the facts of the plaintiff’s claims. Among the main documents for divorce in the presence of minor children that will be requested by the court are:

• an official divorce application form, filled out taking into account all the requirements of the current legislative framework. Please note that if there are any inconsistencies or violations, the claim will be rejected, and if false data is provided intentionally, then jurisdiction will not be long in coming;
• original documents on marriage and birth of children;
• a certificate of family composition, which confirms that the child lives with his parents. In addition, this document demonstrates that the father and mother fulfill their obligations regarding the financial support of the child;
• receipt of payment of state duty.

All attached documentation must be submitted in 2 copies. One of the copies will be given to the defendant for review of the initiated legal process.

Considering the fact that the divorce process is characterized by its own subtleties and nuances, situations are acceptable when the court may require additional documentation. Because, this question should be discussed in advance with representatives of the court, or with an experienced lawyer who will help you understand all the vicissitudes of the case and correctly identify the pitfalls.

Filing for divorce online

For users who are registered on the Gosuslugi portal, it is possible to file a petition for divorce using Internet technology online. All documentation that will serve as an attachment to the claim must be scanned.

Please note that having received a court decision and wishing to finalize the divorce, you will need to send a copy of it along with other documentation to the registry office via the Internet. This government service is guaranteed for all users with access to specialized portals. The portal will immediately offer several options for paying the fee, starting from using electronic systems, and ending with bank accounts. And as soon as the fee is paid, the application will be submitted for consideration.

What is the state fee for divorce

The court will accept the application with all attachments only after the applicant provides a receipt for payment of the duty fee. Otherwise, the claim will not be accepted for consideration.

Regarding the amount, it is worth noting that The state duty is fixed, and for 2018 it is equal to 600 rubles. Sometimes the fee may be waived if the user falls into the category of beneficiaries.

Agreement on children in case of divorce

Many people do not understand how to file a divorce, if any minor child. To make the divorce process easier for themselves, parents are advised to initially get rid of any disputes that may arise between them. Decisions made must be in writing.

According to legal norms, the execution of a peace agreement is the most effective way eliminating any contradictions and shortcomings. As a rule, it will indicate key points concerning the interests of a minor child. We are talking about place of residence, alimony legal relations, etc.

The only nuance associated with the agreement is that it must, under any circumstances, contain a notary’s visa. As for its execution, there are no requirements here, and the text of the agreement can be constructed in any way.

Who will the child stay with after divorce?

In our country, there is a tradition that children are left to live permanently mainly with their mothers. However, some fathers do not agree with this position, and therefore through the court they prove their right to live with the child.

A single requirement regarding who he will stay with common child, No. The court will be forced to consider and analyze all circumstances that may play a decisive role in determining the child’s place of residence. In particular, we're talking about O material well-being each of the parents offered living conditions, moral qualities and the degree of attachment of children to one of them.

Rules for divorce in the presence of minor children

One of the key priorities for the court is to maximize the protection of the interests of the child and prevent the deterioration of his financial situation. Thus, the dissolution of family relations will make the child key figure, whose interests will be analyzed first.

Taking this situation into account, a number of restrictions and features are established at the highest state level for various circumstances arising during the initiation of divorce proceedings.

Divorce with a child under 1 year old

In this situation, the court will provide extremely effective protective mechanisms for the minor and his mother. If a pregnant woman does not give her consent to divorce, then the husband will have to wait until she gives birth and the baby celebrates 1 year. Here the requirement is put forward that for a specified period of time the husband is obliged to fully provide for his wife, since she, being in a position, does not have the opportunity to provide herself with a comfortable existence.

However, if the wife does not make any claims and agrees to the divorce, then no restrictions will be established. Here the state will perceive a woman’s desire to divorce as an expression of will, according to which she understands all the difficulties that she will encounter.

Please note that restrictions will be established exclusively for men. If the initiator of the divorce is a woman who has expressed a desire to end the marriage, she will be able to do this without much difficulty.

Divorce if there is a child under 3 years old

If there is a child who is under 3 years old at the time of filing the divorce application, certain restrictions will also apply. So, in this situation it will be extremely difficult to perform unilateral divorce. But even here the process will have its own subtleties.

It will be possible to obtain a divorce with written consent from the second spouse. But provided that by the time the claim is sent to the court, he lives with the child and his mother. Otherwise, written consent will not be required.

In addition, the issue of financial support for minors deserves special attention. If the court grants the plaintiff’s request and breaks the family legal relationship, the spouse will be obliged to pay alimony not only to his child, but also to his mother. The legislator here indicates that the termination of payments in the name of the wife will be made when the child reaches the age of 3, after which she will be able to return from maternity leave, or until she is officially employed.

Divorce with two to three children

Despite the popular opinion that divorce with two or more children has its own difficulties, in fact the procedure will not differ in any way from a similar action with one child. Parents also have access to a peaceful settlement of all issues accompanying the procedure.

Some key issues affecting the interests of children must be separately addressed:

• child support obligations. As you know, the amount of deductions will directly depend on how many children are being raised in the family. And a parent who lives separately will be required to pay larger amounts if there are 2 or more children, since the cost of providing for them should be the same;
• children's section. Sometimes situations arise when children will be divided between parents. However, given that they must communicate with each other, it is necessary to determine a schedule of meetings, moments of communication and education of all children. We should also not forget that both parents should take an active part in the lives of their children, and therefore restrictions on communication or obstacles should not arise;
• determination of the child’s place of residence, in which the court will take into account the financial situation of the father and mother, their living conditions, the relationship between the parent and the child, as well as the opinion of the minor himself, if he was 10 years old at the time of the divorce.

The issue of dividing children deserves special attention. The court will agree to such an operation only when the parents can guarantee that this decision will not violate the rights and interests of the child, and the minor will still be able to see, communicate with his brother (sister), and count on the support of both parents, both financially and morally.

Time limits for divorce with children through court

Many citizens wonder how long the divorce process will last if a married couple has a young child. It is impossible to answer this question unequivocally; everything will depend on many parameters that arise when initiating legal proceedings.

At the legislative level, deadlines are not approved, therefore we can talk about the speedy completion of the divorce only when the former spouses do not have any disagreements. As soon as the application for divorce is submitted to the court, the family is given 1 month to think about it. Within the specified period, a decision must be made whether they are ready to separate, or whether they will try to overcome their difficulties and save the family.

More often, a divorce can take from 2 to 6 months:

1. If the spouses’ intention to separate does not cause any resistance, and the decision is absolutely mutual, the court will conduct a divorce as soon as possible, 2 months. One month will be given to users as time for final discussions. If nothing changes their decision, and they still want to get a divorce, then upon completion given period a court hearing will be held at which the spouses will finally sever their family relations. However, you will have to wait another 1 month until the court ruling comes into force. Upon reaching the time limit, within 3 days a copy of the court decision will be sent to the registry office, whose employees will carry out the divorce and also provide the relevant documents.
2. The procedure will take three months if there is no agreement between users regarding a further breakup, or they are discussing the possible preservation of the family and are not ready to give an irrevocable answer. Here additional term will be allocated for discussions and a final decision, after which the process will go according to the approved procedure.
3. If there are a lot of unresolved disputes between users, for example, they cannot agree on how to distribute the values ​​acquired over the years of a relationship, and cannot determine with whom the child will remain, then the divorce procedure can drag on for six months. During this time, the court will have to not only help find the right solutions regarding the complications that arise, but also analyze the personalities of the father and mother, in particular, their financial support, moral qualities, children’s attachments to each parent and much more. Only by taking into account all these parameters will the court make a decision that will be accepted by all parties to the proceedings.

Division of property during divorce if there are children

According to the general rules, all property of a married couple acquired during their relationship will be distributed between them in equal proportions. And even if they have a certain loan, the responsibility for repaying it will be divided equally.

However, at some points the court may increase or decrease the share of each parent. As an example, we can cite the moment when the mortgage was issued to both spouses, but only one of them made payments. Then his share of housing will be reduced.

Divorce proceedings common occurrence. The process is doubly unpleasant when there are small children and property will have to be divided. Russian family code provided, a couple entering into legal marriage, may terminate it. There are different reasons for divorce. How to properly file a divorce if there is a child under eighteen years of age? Let's look at how to file a claim in court for divorce for families with children.

Permitted cases of filing for divorce with children under 18 years of age

Divorce through the registry office is possible even if there are children born from the marriage who have not reached the age of eighteen in two cases:

• one spouse is missing;
• the spouse is serving a prison sentence (longer than three years).

A month is given for the party initiating the divorce to consider the actions and consequences. A month later, documents are issued stating that the marriage is dissolved.

In other cases, divorce, if children remain, is formalized only through the court. The World Court considers claims when parents have no disagreements about who the children will stay with and who will support them. There are no property disputes. In addition to the statement of claim, an agreement concerning children is attached. If former spouses have disagreements regarding children and do not reach an amicable agreement among themselves, the case is considered by the district court.

Instructions for filing and processing documents for divorce

The statement of claim to dissolve the marriage is submitted in two copies. Either side serves. You can download and compose an application using the sample found at the bottom of the article. There you will also find Form 9 and Form 10.

For correct design Seek help from qualified lawyers, ask a question using the form on our website.

The statement states:

1. details of the judge or name of the court;
2. the plaintiff’s passport details, place of registration and address where he lives;
3. passport details, place of registration, address of the defendant, where he lives;
4. date and place of marriage registration;
5. indicate the number of children born in marriage who have not reached the age of eighteen;
6. justify the request for divorce, the reason why it is impossible to live together;
7. requirements for withholding alimony, If the child is under 3 years old at the time of the divorce and the mother is in maternity leave, then for the maintenance of the mother;
8. Put a personal signature on the plaintiff submitting the application, indicate the date.

The following documents are attached to the application:

• original marriage certificate;
• copies of children's birth certificates certified by a notary;
• receipt of payment of state duty.

IN month period A court hearing date is set. When the judge sees it possible to save the family, time is given for possible reconciliation of the spouses - up to three months. If the desire to divorce is final, at the second meeting the court makes a decision to end the marriage. In a month, the decision will take legal force if there is no appeal. There are some nuances when filing for divorce when there are children.

• the hearing is adjourned when one party is absent for a valid reason;
• when lost: marriage certificate, birth certificate, contact the civil registry office to obtain a duplicate;
• If you don’t know the address where the defendant lives, submit an application at the place of last known registration.

Usually the application is made to the court where the defendant lives. If the defendant lives far away and the woman has small children, file where you live. During pregnancy, when the baby is less than a year old, a man by law does not have the right to separate from his wife. A wife has the right to initiate separation from her husband, despite pregnancy.

Court are awarded monthly maintenance payments:

1. for one child - 1/4 of the salary;
2. if there are two children - 1/3 of income;
3. if there are more than three children - 1/2 of all cash income;
4. a fixed monthly amount is assigned;
5. if the baby is under three years old, child support is paid for the baby and the mother on maternity leave - 50% of the income;
6. when disabled children remain dependent - 50% until they turn 18 years old.

An extract from the court decision on divorce that has entered into legal force is sent to the registry office department that registered the marriage. To obtain a final certificate confirming that the marriage has been dissolved, contact your local registry office.

Filing for divorce online

Having finally decided to separate, go to the Internet portal. Having received the court decision and scanned it, in the previously mentioned cases:

• if there are minor children left;
• if a dispute arises regarding the division of property;
• one spouse missing;
• one spouse is disabled and unable to work;
• if one spouse is serving a long prison sentence.

Pre-scan your passport and marriage certificate. Having all the documents, we register via the Internet on the State Services Portal, if you do not yet have your own account. After registration, you need to confirm your identity with a code. You will receive the activation code within two weeks at a Rostelecom branch or post office.

Using the portal's search engine, we find the section of interest using keywords. Choose - section of state registration of divorce.

Fill out the application form provided in the “receive services” menu and upload copies necessary documents V in electronic format. The application is assigned a number. A reception date is set for signature by the registry office. You can pay the state fee here. The decision is made within one month. You will save a lot of time by preparing divorce documents and submitting them online.