Divorce if the child is not from the husband. Divorce with two minor children. What to include in a divorce claim

If the couple has children under 18 years of age, divorce according to a simplified procedure within 30 days (from filing the application to registering the divorce and extradition) will not work. The period will be slightly longer.

• The case when people separate when there are small children is most common in judicial practice. When father and mother separate, the rights of the child should not be infringed.
• According to paragraph 1 of Art. 24 of the Family Code of the Russian Federation, in the event of a divorce, parents have the right to draw up a mutual agreement regarding the residence and maintenance of the child (Article 80 of the Family Code of the Russian Federation). If they don’t do this, the question is (clause 2 of article 24 of the IC).
• In the case where minor children are not common to the spouses, their presence will not become an obstacle to divorce through the registry office (short for “civil registry”).

The law establishes a restriction: the father of a child under one year old cannot file a claim in court for divorce. At least until he receives the consent of his wife (Article 17 of the RF IC).

Where is divorce carried out if there are minor children?

The IC provides for the only institution to which you can apply with a statement of desire for a divorce if there are minor offspring born in this marriage - court(Article 21 of the RF IC).

• If the spouses decide not to bring any disputed issues into the lawsuit, they should go to world court.
• If there is a dispute about children, paternity, maternity, deprivation or limitation of parental rights, or the recognition of a marriage as invalid, which must be resolved during the divorce process, and not after it, it is necessary to begin legal proceedings in district judicial authority.
• There is only one exception when, having a minor child, you can get a divorce through the registry office. One of the spouses can freely submit an application there, while the other is considered missing, declared incompetent, or serving a sentence imposed on him by the state for more than three years (Clause 2 of Article 19 of the RF IC).

Divorce procedure in the presence of common minor children

When considering a claim, the court takes into account the main questions: do the spouses want a divorce, is it worth persuading them to postpone the decision, with whom the minor children will live, how alimony and others will be paid for them (Article 24 of the RF IC). The most important ones concern protection of children's interests.

Divorce procedure

• If they want to speed up the procedure as much as possible, the spouses apply to magistrate's Court, and controversial issues are resolved before or after the divorce.
• The claim is registered by the court secretariat, rejected or accepted for consideration. If accepted, the first meeting is scheduled after 30 days after submitting an application (clause 2 of article 23 of the RF IC).
• It will be the last if the spouses see eye to eye and the court does not see the agreement as an infringement of children’s rights (if the document has been drawn up). Then a court decision is made to end the marriage.
• Otherwise, the next meeting is scheduled (maximum in three months, see clause 2 of Art. 22 RF IC). Spouses are given a period of time to weigh in on their decision. .
• Regardless of how long after the decision on divorce is made, it will come into force in any case. a month later after acceptance. This happens in accordance with paragraph 2 of Art. 321 Code of Civil Procedure of the Russian Federation. Within another three days, an extract from it will be transferred to the registry office department that registered the marriage, already for registering the divorce.

Approximately 35 days after acceptance court decision each of ex-spouses will be able to come to the registry office to receive.

Required documents

• A statement of claim with the given reasons for divorce: formalized with the consent of the spouses on all issues and expanded - if one of them does not want to get a divorce.
• Original marriage certificates and passports of both parties (or one if the defendant opposes the divorce).
• Receipt of paid state duty.
• Copies of children's birth certificates.
• Depending on the region of the case and its circumstances, the judge has the right to additionally request others. For example, certificates about family composition.

Example

G. and O. had not lived together for several years before G. filed for divorce. In his lawsuit, G. asked the court to give him the eight-year-old daughter he shared with O. to raise. He motivated his desire with a stable income. He also managed to prove the fact that O. handed over her daughter to be raised by her mother, does not take appropriate measures for the care and development of the child, and suffers from alcoholism. Taking care of the girl's interests, the court determined that after the divorce it was better for her to stay with her dad.

Divorce period if there are minor children

If there is a child, the shortest period that must pass from filing an application for divorce until the dissolution of the marriage is two month. It includes a 30-day period from filing a claim to the date of the first court hearing (clause 2 of article 23 of the RF IC). If a decision on divorce is made at it, then it will come into force after 30 days (according to paragraph 2 of Article 321 of the Code of Civil Procedure of the Russian Federation, this period is valid from 01/01/2012). After this, the marriage will end.

• The imprisoned parental agreement will be another argument in favor of the court’s speedy consideration of the issue of divorce.
• If one of the child’s parents does not want or is unable to come to the registry office and submit an application, but is not formally against a divorce, this option will also be considered a divorce by mutual consent. He will be held in court accelerated procedure(clause 1 of article 23, clause 2 of article 21 of the RF IC).
• Including property disputes in the statement of claim for divorce, as well as granting a divorce to another will prolong the divorce procedure. In the first case, due to proceedings regarding pressing everyday issues. In the second - due to the court’s attempts to preserve the marriage union, providing time for reflection (clause 2 of article 22 of the RF IC)

Within a month after filing, the spouse has the right to withdraw the statement of claim.

Moment of divorce

Day of termination of marital relations from the point of view of law, the date of registration of the corresponding act in the civil registry office or the moment the court decision enters into force will be considered (clause 1 of article 25 of the RF IC).

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• After this moment, legal relations between the spouses cease, with the exception of property (they will be relevant until the division of the previously acquired common property, but not longer than 3 years), parental and some others.
• After the day when the marriage officially ends, the former spouses will not have to ask each other for consent to make transactions, and the acquired property will no longer be common.
• It is worth paying attention to important moment. Apply to join new marriage it is possible not after the termination of the previous one, but after receipt (clause 2 of article 25 of the RF IC).

Despite the automatic occurrence of this moment, divorce must be registered with the civil registry office. This happens without the participation of spouses. Transferring an extract of the court decision to the civil registry office is the task of court employees.

Conclusion

• Spouses who have common minor children are allowed to divorce only in court.
• The minimum period from filing an application until the termination of the marriage is about two months.
• The divorce procedure can drag on, if the spouses do not agree on alimony, the place of residence of children and the division of property, and they wish to consider any of these issues as part of a divorce claim.

Question answer

My wife and I came to the decision to divorce by mutual consent. There are two children aged 7 and 11. There are no disputes regarding property and alimony, everything has been agreed upon. If I file a lawsuit (I am the plaintiff, she is the defendant), should I write that my wife agrees to the divorce? Or should she file a counter paper?

Take a standard application form from the court, and in the response the wife will indicate that she has no objections.

We have three children - 12 years old, 4 years old and 8 months old. Can my husband file for divorce from me?

According to Art. 17 of the RF IC, he does not have the right to initiate a divorce until youngest child will not be a year old. Although, if you don’t mind, you will be scammed. Three children are not an obstacle to divorce.

My husband and I are going to get a divorce, we have a child together. My husband owns his apartment, I rent a house. Both have stable jobs. My son goes to school near the house where we live. In the event of a divorce, both my husband and I will claim custody of the child. What is the probability that the court will determine the place of residence of the son from the husband?

It is hardly possible to say with certainty what the judge will decide. My husband has his own apartment - this is a plus for him. But practice shows that most often the child is left with the mother. If your son is already 10 years old, then he will be asked who he would like to live with, and he will be able to answer consciously. But since you have a permanent place of work, housing, do not suffer from chronic alcoholism or drug addiction, and have never been held administratively liable for failure to fulfill obligations to support and raise a child, it can be argued that, most likely, the court will leave the child with you.

It has long been no secret that about half of all marriages break up. The reasons may be different, as a rule, spouses realize that they simply are not suitable for each other. Naturally, we can talk about domestic violence, alcoholism, drug addiction and others. unpleasant things. But the discussion here is not about how to make this decision, but what to do after that. How to file for divorce, if any minor child? How to divide jointly acquired property? Where to contact?

File for divorce

Declaring the breakdown of a marriage is like admitting your own inability to maintain a relationship. At least that's what some people think. But often it is simply impossible or not desirable to maintain relationships. And the first thing you need to do after making this difficult decision is to talk to the second participant. Perhaps there is another way out of this situation that will save the family. If not, then you need to immediately understand one thing: both are always to blame. You cannot shift responsibility for all the mistakes made in a relationship onto one person. There is always a second one who is equally guilty for allowing all this to continue.

Of course, there is no need to rush. Decisions made on the spur of the moment, after a quarrel or argument, rarely lead to anything good. Thinking about how to file for divorce if you have children at such a critical moment is not the smartest or most balanced decision. On the other hand, if it is clear that staying together is unbearable, there is no point in continuing this torture. We need to draw conclusions and move on.

So, where to file for divorce? And what do you really need? In order to do this, you don’t need to do so many actions: if there are no children or property disputes, go to the registry office, but if there is any of this, you will have to go to court. This does not mean that a real drama will play out in the meeting room; as a rule, everything is much simpler and more prosaic.

Preparation of documents

In the very simple case the package of papers should be like this:

• statement;
• original marriage certificate;
• receipt of payment of duty.

But this will all be limited if there are no disagreements and no children. A set of documents should be submitted to the registry office, and a month later you should pick up the certificate.

Filing a divorce if you have children will require more documents:

• statement of claim (2 copies);
• marriage certificate (original);
• receipt of payment of the duty;
• birth certificate of the child/children (original and copy)/

Options: Civil registry office or court?

The institution through which the divorce procedure will be carried out is influenced by several factors that you need to think about before filing for divorce. If there is a minor child or disputes over property, then, alas, a simple procedure is not enough. The duration of family relationships does not affect the choice of institution in any way. So, where to file for divorce: to the registry office or court?

Naturally, through the first institution the procedure will pass much simpler - you just need to write an application, and when mutual agreement in a month, husband and wife will become strangers to each other. In addition, without the direct participation of the court, you can get a divorce if one of the spouses is declared incompetent, untimely absent, or sentenced to a term of more than 3 years (not suspended).

If someone alone does not agree to break off the relationship, there are disputes over jointly acquired property or common children, then a more complex process awaits. Fortunately, in Russia the divorce procedure is carried out through a magistrate, which simplifies the matter somewhat. If there are no serious disagreements between the spouses, then this actually turns into a formality.

Statement of claim

Since, as a rule, there are no difficulties with the registry office, it is advisable to consider only filing documents with the court. But before you think about how to file for divorce if you have children, you need to write a statement of claim. This is the main document that will set out the plaintiff’s entire position regarding the divorce process. It can be written in a fairly free form, guided by Article 21 of the Family Code, or you can consult with a knowledgeable lawyer who will tell you which wording is best to use. This is especially true if there is disagreement.

The application must justify your position regarding the child’s place of residence and, if necessary, the payment of alimony. In addition, you can indicate your desire to return your maiden name.

And yet writing this statement is not that difficult. Having done this, you can already think about where and how to file for divorce. What specific institution is doing this?

Where to contact?

If we talk about the registry office, then there should be no questions, but problems often arise with the choice of court. Where and how to file for divorce if there is a minor child is decided by the plaintiff. He can transfer the claim at his place of residence or where the defendant resides. The first option is often preferable, because you will even have to spend less time traveling to the public office, which is important if the proceedings last long enough.

At each visit, including the moment when the plaintiff comes to file for divorce, you must have an identification card with you. Each time the judge will make sure that those persons who are directly affected by the proceedings are present at the hearing.

Disputes and additional claims

It does not always happen that the parties part ways without much debate, having voluntarily agreed to divide their property and come to an agreement. Often the procedure called “filing for divorce” is a long process of disputes about who owns the property or car, how to divide them, and who will receive the debts. And each member of a broken family strives to bite off a larger piece of the former family nest. But it is worth remembering that in general case all property and liabilities must be divided in half. However, disputes of this kind, although they accompany the divorce, are still considered by the court separately.

Complex and special cases

All problems and possible disagreements can be resolved both before marriage and while still in it, by drawing up a special agreement. According to it, the division of property can occur in completely different shares, as long as both spouses sign it. The title of this document is marriage contract, and it is becoming increasingly popular

If the spouses do not bother to draw up such a document, their disputes can drag on for a very long time and cost a lot of money and nerves. For one thing, this paper is both good and bad - it does not regulate issues of raising children. Therefore, divorce if there is a minor child can still become a difficult matter if agreement between the parents is not reached.

Meetings

Shortly after the secretariat accepts the documents, both parties will be notified of the date and time of the scheduled trial. If there are very young children in the family, then preliminary conversations are held, during which it becomes clear whether the decision on divorce is mature and final. If both spouses agree with this, then the court has no right to be interested in the reasons that prompted two adults to divorce.

In the simplest case, there will be only one court hearing, and it will actually become a formality. During its course, it will be found out whether the decision of one of the spouses about the breakup of the family has changed, whether there are new circumstances that allow us to say that common economic activity has been resumed, etc. And if the parties have no objections, then the verdict will be unequivocal - divorce. Sometimes it can even be carried out in absentia, without the presence of the participants.

Everything is much more complicated if there are disputes over property, the place of residence of children, or if the decision to divorce was unilateral, and the second spouse does not agree with it. In this case, you will have to be patient and find arguments to defend your position.

Controversy about children

Russian courts tend to side with the mother regarding who children should stay with. But this does not mean that the father cannot ensure that the child lives with him. True, this will require a lot of arguments to convince the judge that such a decision will be in the interests of the child. Mother may have bad habits, such as alcoholism and drug addiction, which make it impossible for her to fully raise her child, because she may not be able to provide him with an adequate standard of living. But before filing for divorce, if there is a minor child, the father must clearly understand that the truth is on his side, and he has convincing arguments. Practice shows that, having proven that they are right, an increasing number of fathers are gaining the right to raise their children by living with them, rather than meeting on weekends. But, unfortunately, there are not too many such cases yet.

The divorce procedure, if there are children, can be very long, or it can be very simple. It depends on how willing the ex-spouses are to compromise and discussion. After all, it is illegal to restrict one parent from communicating with a child. Another question is how much time he will allocate for this. The process of divorce in the presence of children, when there are disagreements, can be very painful, especially for the latter, so it is better if an agreement is reached out of court. It is worth remembering this and trying not to injure them again.

Important Features

Former spouses do not always retain more or less a good relationship, this is even more of an exception to the rule. That is why, especially if there are property disputes, you cannot acquire any property before receiving an extract from the court decision. Otherwise, the former spouse may also apply for its division, because for another month after the meeting the marriage is not considered dissolved.

In addition, there is one more subtlety - if a woman gives birth to a child within 300 days after her divorce, then paternity will automatically be attributed ex-husband. It is extremely difficult to avoid this, in some cases you even have to go to court and order a DNA examination. So it’s better not to create unnecessary problems for yourself.

Further actions

A month after the court hearing, you need to pick up the relevant document. It is better to call the secretariat in advance, because sometimes it takes some time to process the extract and you need to order it. With this paper you need to go to the registry office, whose employee will issue a certificate of divorce and put a divorce stamp in your passport. If you wish, you can also begin the name change procedure to return to your maiden name.

Afterwards, if necessary, you need to change the child’s permanent registration address so that it coincides with the actual one, that is, if he lives with his mother, it is better that he is registered there. Otherwise, the father will have the opportunity in court to argue for refusal to pay alimony on the grounds that the child allegedly lives with him, and then this burden may even fall on the woman.

Psychological component

Of course, legal confirmation of the fact of family breakdown is not a very pleasant procedure. Divorce in the presence of minor children also involves a third party in this process, for whom everything that happens is scary and incomprehensible. Just yesterday, parents lived together, life was simple and almost carefree, but today they are fighting for the love of the child, quarreling, quarreling, dividing property. It is important to understand that children should not see all the ins and outs. Of course, it is also not easy for spouses to go through this, but it is necessary to save face, never scold the other parent in front of the child, do not get personal, but maintain polite neutrality. It is important for children to know that mom and dad still love them, even if they no longer want to live with each other. Only by maintaining the most correct relationships can you protect a child from serious psychological trauma, anxiety and neuroses.

Family relationships did not work out... The only thing that still forces a man and a woman to stay married is children. For the sake of their children, they postpone the divorce process indefinitely.

But in some cases, parents get a divorce - The best decision for a child. Because life in an atmosphere of quarrels, mutual insults, scandals between father and mother is much worse than living peacefully with one of them.

Let's look at what is necessary, what is required for the procedure for filing a divorce in the presence of minor children, the procedure and process of divorce.

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

The formal procedure for registration and divorce of marriages is carried out by the civil registry office. However, if there are minor children, the application for divorce is filed with the court at the place of residence of one of the spouses.

This creates certain inconvenience for parents, requires the provision of additional documents and the implementation of special actions (for example, determining the amount of alimony), and also somewhat delays the divorce process. But legitimate interests minor child will be protected by the court.

Attention! Even if the spouses came to a decision on divorce due to mutual consent, reached a compromise regarding the division of property, determined the place of residence of the child - the application for divorce is still filed in court!

True, there is an exception to this rule. Thus, the divorce procedure in the presence of a child is carried out by the registry office if:

• One of the spouses is subject to criminal punishment in the form of imprisonment for a term of more than 3 years;
• One of the spouses is legally declared missing;
• One of the spouses is legally declared incompetent.

What if the child is not common?

There is one more exception to this rule. If the child is not common (has family connection only with one of the spouses), spouses can divorce through the registry office.

For example, if a man and a woman are married and do not have children together, but the woman has minor children from a previous marriage, the husband and wife can divorce through the registry office (of course, with mutual consent). If a woman’s children are adopted by a man, then although they are not his own children, they become common. In this case, the marriage will be dissolved only through the court.

In the same way, through the court, a husband and wife will have to divorce if they have adopted children who are not their natural children.

Where to file for divorce with children?

You must file a claim with the court at the location of the defendant. If the plaintiff cannot come to court due to living with minor children, the application may be filed by own place residence. In addition, spouses may agree to submit an application at the place of residence of one of them (the plaintiff).

Which court should I file for divorce with children?

— To the magistrate’s court, if there are no disputes about children.

It is possible to file an application for divorce in the magistrate’s court only if a compromise is reached between the spouses on all “children’s” issues, including the place of residence of the children, the participation of each spouse in the maintenance and upbringing of the children.

In order to file a divorce through the magistrate's court if there are minor children, the spouses must draw up a written agreement that will define:

• with whom the children (or each of the children) will live after the divorce;
• in what order will the spouse living separately from the children fulfill his parental rights and responsibilities (communication, upbringing, financial support of children);
• which of the spouses will be assigned alimony obligations, in what amounts will alimony for children be collected.

If the agreement of the spouses does not violate the legal rights of the children, the court will approve it by its decision.

— To the district court if there is a dispute about children.

If the spouses could not come to a common opinion about which of them the children will remain with, how they will raise and provide for the children, they need to contact district court. In this case, when deciding to divorce the spouses, the court will also determine the fate of their children.

Agreement on children in case of divorce. Agreement on child residence during divorce. Sample.

Parents can draw up an agreement in any form, including all the necessary provisions regarding residence, financial support and upbringing of children.

It is important that this document is drawn up by the parents in agreement and sealed with their signatures. If the agreement contains provisions for the payment of alimony for minor children, it must be notarized - then it will have the force of an executive document for the collection of alimony payments if the terms of the agreement are not met.

The concluded agreement must be filed with the court - either simultaneously with the divorce petition, or during the court hearing. The court will review the agreement and approve it by its decision if it does not contradict the law or infringe on the rights of children and parents.

More details about the procedure for concluding an agreement (with a ready-made sample for downloading) can be found in the article ““.

Preparation of a statement of claim. Sample.

The statement of claim for divorce must comply with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. In addition, it must indicate information regarding common minor children:

• Name of the court;
• FULL NAME. parties, their place of residence;
• Date of marriage;
• Explanation of the reasons for the impossibility of further living with the spouse;
• Information about the presence of children;
• Description of your (or general) position on the issue of living, raising and maintaining children after divorce;
• Providing arguments and evidence to defend your position;
• The wording of the request to the court, starting with the words “I ask”;
• List of documents;
• Date and signature.

List of documents

The process of divorcing a child involves preparing and submitting additional documents to the court, in addition to the divorce application.

So, if there is mutual consent of the spouses for divorce, a written agreement concluded by the parties is attached to the application for divorce. This agreement must contain provisions on the division of common property, on the amount and procedure for paying alimony, and on the child’s place of residence after a divorce.

If the application for divorce is filed unilaterally by one of the spouses, the list of documents includes:

1. A completed divorce application form containing the name of the court district and full name. judges, full name the plaintiff and the defendant, the residential addresses of the parties, the requirement to consider the application for divorce, a description of the reasons and circumstances that gave rise to the intention to dissolve the marriage, evidence of its innocence and documents confirming it;
2. Original marriage certificate;
3. Original birth certificate of the child(ren);
4. Extract from the house register - this document confirms the fact that the child lives with the plaintiff and the latter fulfills his parental responsibilities towards the child, which is important for determining the child’s place of residence in the future;
5. Receipt for payment of state duty (650 rubles).

The list of documents is submitted by the plaintiff to the court in two copies. A copy of the divorce petition with copies of all documents attached to it is sent to the defendant for review.

State duty

The current fee is 650 rubles.

Divorce procedure. How does divorce happen with children?

By revising statement of claim about divorce, the court establishes:

• whether both spouses want a divorce, or one of them expresses disagreement;
• Is there a possibility of reconciliation between spouses and preservation of the family?

• determines the further place of residence of the children;
• will consider the possibility of dividing children between spouses;
• will establish the procedure for communication between children and their estranged spouse;
• imposes alimony obligations on the estranged spouse.

All this is set out in a court decision, on the basis of which a writ of execution is issued.

Procedure and stages of divorce:

1. Resolving controversial issues greatly delays the divorce process. To speed up the procedure for divorce with children, it is worth filing a divorce claim in the magistrate's court , and resolve controversial issues before the divorce (for example, in the form of a written agreement) or after the divorce (in the form of a claim for division of property, collection of alimony).
2. A claim for divorce is filed and registered at the court secretariat, depending on compliance with the requirements of the law - it is rejected or accepted. If the claim is accepted for consideration, the first court hearing will be appointed in 30 days.
3. The first court hearing may become the last if the spouses come to mutual agreement on all issues, including “children’s” issues, by concluding an Agreement. In this case, the court will decide on divorce.
4. Otherwise, another meeting cannot be avoided - in 1-3 months. During this period, the spouses are given the opportunity to reconcile.
5. If a court decision on divorce is made, it comes into force after 1 month. Within 3 days after this, the court sends an extract from the court decision to the registry office - to register the divorce;
6. Once the changes have been made to the register books, each spouse will be issued a copy of the Divorce Certificate.

Who will the child live with after the divorce?

The court's decision on the place of residence of children is made taking into account factors such as moral qualities, financial well-being and living conditions of the spouses, the ability to create conditions for children full development, the active participation of spouses in the lives of children, the degree of attachment of children to each of their parents. For example, contrary to the established practice of leaving children to the mother, the court can leave the children to the father, for example, if his wife leads an immoral lifestyle, does not care about the health, development, raising of children, or has bad habits. When determining the place of residence of a child over 10 years old, his opinion is also taken into account (Article 57 of the RF IC).

Parents have equal rights regarding raising their children. The place of residence of a child with one of the parents established by the court is not an obstacle to the active participation of the other parent in the life of the child. According to the law, the estranged parent has the right to be freely seen and communicated with. If the parent with whom the child lives prevents the child from communicating with the other parent, controversial issue can be resolved through court.

Rules for divorce in the presence of minor children

As mentioned above, the law provides for measures to protect the interests of minor children when their parents divorce. Therefore, in some cases, the divorce process has specific features.

— Divorce with a child under 1 year old

The husband will receive an unequivocal injunction against divorce throughout the entire period of his wife’s pregnancy and the first year of life. small child if the wife does not consent to divorce. This legislative norm protects the rights of mother and child, leaving spouses a chance to preserve their family and raise children together.

— Divorce if there is a child under 3 years old

If there is a small child 1-3 years old in the family, one of the spouses can obtain permission to divorce only on the basis of the written consent of the other spouse. Such written consent is required only if the spouse lives with the child and fulfills his or her obligations. parenting in relation to him. Otherwise, written permission for divorce is not required.

If the court grants the application for divorce during this period, the man will be obligated to pay alimony not only for the child, but also for his mother - until the child reaches 3 years of age or the mother is officially employed.

— Divorce with a disabled child

The divorce procedure in the presence of a disabled child is complicated by the need to collect alimony for his maintenance - before and after 18 years of age, including the cost of his treatment and special care, rehabilitation measures, acquisition of necessary equipment.

— Divorce with two or three children

The procedure for a divorce with two, three or more children is almost no different from a divorce with one small child. Parents can also enter into an Agreement on Children or entrust the resolution of “children’s” issues entirely to the court.

If, during the divorce process, parents enter into an Agreement on Children, their agreements regarding place of residence, meetings and communication, and upbringing may concern each child separately.

The law does not prohibit the separation of children over 10 years old between parents, but the court must find out the point of view of each child about his preferred place of residence. After all, children can express opposing desires about which parent to live with.

The court determines the place of residence of each child, taking into account the totality of such circumstances as...

• material and Family status both parents;
• children's age;
• the attachment of each child to his parents;
• relationship between parents and child;
• personal qualities of parents.

By the way, if children live with each of the parents, each of them bears child support obligations - to children living separately from him.

For example, A husband and wife, whose marriage produced three children, are getting divorced. After the divorce, two of them remain with their mother, and one with their father. Child support will be paid as follows: the father will pay child support to two children living with the mother (one-third of his income), and the mother will pay child support to one child living with the father (a quarter of her income).

Time limits for divorce with children through court

How long does the divorce process last if there are small children? The law does not set an exact deadline judicial review divorce cases.

The first court hearing will take place one month after filing the claim.

The result of consideration of a divorce case is a court decision: satisfaction or dissatisfaction of the divorce application, as well as deferment of consideration of the divorce application for certain period(with the existing probability of reconciliation of the parties).

The court decision comes into force 10 days after it is made.

Moment of divorce

If the spouses do not have children, they are divorced in the registry office, and the date of making changes to the civil registration book is the moment of divorce.

But if spouses have children, they divorce in court. When does the moment of divorce come? Is it really only after making appropriate changes to the registration books at the registry office? No.

According to the law, if a divorce occurs in court, the moment of dissolution of marriage is the moment the court decision enters into legal force. And only after this, within 3 days, the court sends an extract from the decision to the registry office - for the registry office employees to make appropriate changes to the registration books. Although the marriage is considered dissolved, the divorce certificate is issued to the former spouses at a later date. During this period they have no right to enter into a new marriage.

In addition, the legal consequences of ending a marriage are...

• termination of any legal relationship between spouses, except parental (raising and maintaining common children until adulthood) and property (division of joint property for 3 years after divorce);
• no need for the consent of former spouses to make transactions. The ownership of the acquired property will no longer be common.

If the family has a common minor child, this does not at all prevent his parents from filing an application for divorce. However, for such situations, the law provides for the following procedure for filing a divorce when there are children. How you can quickly get a divorce, and what documents are needed for this, you can find out from this material.

Is it possible to get a divorce through the registry office if there are children?

By standard procedure divorce between spouses when there are children together is formalized exclusively in court(see →). To put it another way, in this case, as a general rule, a divorce can only be filed through the court. But in this case there are many exceptions. The process of registering a divorce through the registry office is possible only in the following cases:

1. when the spouse is officially declared missing. This fact can always be established in court in cases where a citizen has been absent from his place of residence for more than 1 year, and his current location cannot be established;
2. if either spouse is serving a prison sentence in a colony for more than three years;
3. if the spouse is officially declared incompetent.

In order to get a divorce, it is important to fill out a standard application in Form No. 9 (see →). In addition, some documents are also required: a receipt for payment of the duty, a passport, as well as a certificate of marriage between the spouses. If you suddenly lost your marriage certificate, you can read the instructions on how to restore it in the article: ““.

When a married couple has a child, it is necessary to prove the circumstances that allow a divorce, for this you can provide the relevant documents. In this case, a copy of the final decision or court verdict, which confirms all the listed facts, will be useful.

When applying to the registry office, the divorce must be formalized one month after the application was submitted by the spouses. In cases where during this month the second spouse is released from the colony, declared or recognized as legally competent, the divorce will not be issued. In this case, divorce will only be possible in the court department.

Procedure

In this situation, a divorce can be filed on the initiative of the husband or wife, even in cases where one of the spouses does not agree. However, this rule has one significant exception - if joint child not yet one year old, we will consider this case later.

It should also be noted that this procedure can only be used when the family has common children. This means that when a child was born before the marriage of his parents, and the child was not yet indicated on the birth certificate biological father, then it is possible to dissolve the marriage through the registry office. Important point- the biological relationship between the father and the child does not matter in this case. When the baby was adopted by the father, the divorce takes place in the court department.

Where to file for divorce?

How to properly file a claim

Now you need to study the next step: how to prepare a statement of claim for divorce? The following information must be included in the official document:

1. the exact name of the judicial department;
2. personal data of both spouses, their full names and place of residence;
3. short description main point affairs. Here it is necessary to list the most basic facts: date of marriage, date of birth of children, reason for divorce;
4. complete list of all controversial issues that are relevant to the case and relate to joint children or property, when they exist, as well as the rationale for the plaintiff’s position on this issue;
5. pleading part in a divorce suit. At this point you need to write down all the stated requirements that are main reason going to court. The very first point here should indicate the reason why you want to get a divorce.

A completed claim must be submitted accompanied by the following important documents:

1. a copy of the marriage certificate;
2. receipt of payment of the established state duty;
3. a copy of the children's birth certificate.

When by this time you have already been able to draw up a peace agreement stating that you have determined the exact place of residence of both children, then it should also be attached to the application. If in your application you indicated a requirement for division joint property, then you need to make a detailed list of the things you want to share. Also in this case, official title documents may be required. It should be remembered that when you indicate any arguments in your application, you must provide mandatory evidence for each of them.

How to file a claim

The procedure for divorce established by law requires preparing and then filing a statement of claim along with the accompanying documents (necessarily in two copies). One copy is intended for the court, and the second is necessary for the defendant. Each of them must be signed by the plaintiff. If you suddenly forget to sign the application, your claim will be left without progress until the defect is corrected; in this case, it will not be possible to quickly file a divorce.

You are allowed to submit the completed documents yourself, by coming directly to the office of the court department, or by a notarized power of attorney through a representative. In this case, it is also possible to send the completed divorce application via registered mail.

Trial

Immediately after the statement of claim for divorce is accepted, a mandatory preliminary conversation is scheduled for its consideration. At this conversation, the important issue of whether the evidence presented to the court is sufficient to formalize the divorce, the process of dividing property, as well as determining the permanent place of residence of the child is resolved.

After this, the court schedules a court hearing, where the matter of the very intention of divorce is considered on its merits. In this case, the plaintiff or defendant is asked to give precise explanations, as well as present evidence or interview possible witnesses.

What does the court take into account when making the final decision?

In order to quickly file a divorce and simultaneously resolve all related problems, it is necessary to prepare extremely thoroughly for the court hearing process. When there is a dispute between spouses about children, the collection of alimony, or the distribution of property, strong evidence is required in order to accurately defend a personal position. Such documents may be:

1. Official original documents or notarized copies.
2. Various audio or video recordings.
3. Accurate testimony.
4. Some expert opinions. When an examination procedure is necessary, a weighty relevant petition should be submitted to the court.

When resolving the issue of where and with whom the children will live after a divorce, the court takes into account a lot of circumstances: the real age of the child, as well as his opinion, financial situation, level of attachment to each of the parents and the moral qualities of each spouse. The child’s opinion is taken into account only when he is already 10 years old.

Possible court decisions

In cases where the husband and wife fully agree to divorce, the court will most likely completely satisfy this requirement. After this, based on the final court decision, a corresponding note will be made in the book where acts of civil status are recorded. When either spouse does not agree to a divorce, judges often assign them a certain period of reconciliation, usually ~3 months. After this period, a divorce can be filed. There is also a third option: refusal of a positive court decision on divorce.

Is divorce possible if the child is under one year old?

In this case, there is some circumstance that can interfere with the husband’s established plans for divorce: when the family has a common child under 1 year old. This fact does not mean at all that divorce is not possible at all; the court will reject the claim only if there is no consent of the wife. It should be noted that a wife can independently divorce without her husband’s decision during pregnancy through the court (see →).

Current law in this period allows you to file for divorce only when the young mother wants it, and the father can file for divorce only after the baby’s first birthday. However, after a whole year, anyone can change their mind about getting a divorce. The same reason for refusing a divorce can be the pregnancy of the spouse.