Are they bred with a small child. On the initiative of her husband. Divorce with two minor children

The divorce process is an event of a personal, material, legal nature, in which the rights and obligations of a husband and wife are affected, not only in relation to each other, but also in relation to children. The law of the Russian Federation protects the rights of minor children and regulates in detail the procedure for divorce between spouses who have children.

grounds, order, legal consequences divorces are regulated by the Family (Chapter 4) and Civil Procedure (Articles 220, 132-135) Codes of the Russian Federation. And in the event of a divorce between a husband and wife who have a child under 1 year old, one must take into account the provision of Article 17 of the RF IC, according to which a husband cannot divorce his wife without her consent throughout the entire period of pregnancy in the first year of a newborn child's life.

The importance of applying this provision of the law can be easily explained by the vulnerability of a woman during a difficult period of pregnancy, postpartum period, the period of caring for an infant in the first year of life - in terms of material, moral, physical addiction and the need for support and assistance from loved one, V this case, husband.

However, this legislative norm does not exclude the possibility of dissolution of the marriage during the wife's pregnancy and the first year after the birth of the child. And in this article we will consider on what grounds, in what order a husband and wife can divorce despite the presence of a newborn child under 1 year old.

Is it possible to get a divorce if the child is under 1 year old: features, restrictions

So Art. 17 family code The Russian Federation provides for a ban on divorce if there is a child under 1 year old in the family, if the initiative comes from the husband and the wife does not agree to a divorce. But if the wife agrees, the marriage can be dissolved before the child reaches the age of one. It is also possible to dissolve the marriage at the initiative of the wife.

From the analysis of this norm of family law, it becomes clear that the law is designed to protect the interests of the mother and small child.

So, the restrictions on the dissolution of the marriage, if the child is not 1 year old, are as follows:

A marriage cannot be dissolved on the initiative of the husband if the wife does not agree.
If the wife agrees, a husband-initiated divorce is possible.

The husband who intends to dissolve the marriage has two options: either wait until the child is one year old, or obtain the wife's written consent. If Cohabitation parents is impossible or unbearable, it is enough for the father and husband to fulfill the obligation to support the mother and child. He will have to do the same in the event of a divorce - often in a judicial divorce process, the issue of the financial support of the child and the mother, who is on vacation for 3 years after giving birth (according to Article 90 of the RF IC), is considered.

The initiator of a divorce can be a wife - a woman, a mother of a child under 1 year old is not subject to a ban on divorce.

If the wife is forced to divorce due to such difficult life circumstances as drunkenness, drug addiction, violence on the part of her husband, it is advisable to present evidence in court, in which case measures for reconciliation of the married couple will not be applied, and the wife will receive a divorce. But if a divorce with a small child is caused by not so difficult, critical circumstances, lawyers advise to wait with a divorce until the child reaches 1 year. Firstly, during this period, she retains the right to reside in the living quarters owned by her husband, and secondly, judicial procedure divorce with a child after a year will not cause such difficulties.

Feature of the judiciary divorce procedure in the presence of a child under the age of one year, the participation of the custody and guardianship body, which controls the protection of the rights minor child. Otherwise, the judicial procedure for divorce is standard, the procedure for making a decision on divorce is the same as in other divorce cases.

How to file for divorce with a small child?

In order for the topic of divorce in the presence of a small child to be completely exhausted, you need to consider all statutory divorce methods.

According to Article 18 of the RF IC, divorce is possible ...

administratively
V judicial order.

As you know, a divorce between spouses in the presence of joint minor children occurs exclusively through the court, and as we have already discussed above, for a divorce with a child under 1 year old, the consent of the married couple or the initiative coming from the wife and mother is required. But in some cases Small child- not a hindrance to divorce in an administrative order (through the registry office).

How to file for divorce through the registry office

statement of claim drawn up in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation (number of copies - according to the number of participants in the process);
copies of spouses' passports;
Marriage certificate;
birth certificates of the joint children of the child (minor at the time of filing the claim);
receipt for payment of state duty.

If the claim is filed by the husband, the written consent of the wife to the divorce must be attached to the above documents.

If a divorce occurs at the initiative of a husband and wife, it would be useful to attach a ready-made and to it. The availability of such documents will greatly speed up trial, but if these issues are not resolved by the parents voluntarily and in advance, they will be decided by the court in the divorce proceedings.

Statement of claim

The claim is filed according to general rules provided for in Art. 131-132 Code of Civil Procedure of the Russian Federation. It must contain the following information:

Name, location of the judicial authority;
FULL NAME. plaintiff and defendant, place of residence, contacts;
Information about marriage (date, place of marriage);
Information about children (full name, date of birth, place of residence);
Circumstances family life, motives and reasons for the dissolution of the marriage;
Information about the consent of the wife to divorce, if the plaintiff is the husband;
Information about the existence of disputes or consent of the spouses regarding the place of residence, maintenance, upbringing of children;
Request to the court for divorce;
Additional requests to the court: on the choice of the child's place of residence;
List of applications;
Signature;
The date the claim was filed.

You can download a sample below. statement of claim on divorce in the presence of a small child under 1 year old, and use it to prepare your own claim. If you need qualified assistance in the process of preparing the claim and documents, call hotline or write a message to our lawyer - advice is provided free of charge.

Price

Divorce proceedings in court are a procedure for which a state fee is charged. According to Article 333.19, paragraph 5 of the Tax Code, it is 600 rubles. If, simultaneously with claims for divorce, additional claims are filed (on the choice of the place of residence of the child, the appointment of alimony support to the child and wife for a while maternity leave), subject to an additional fee.

Timing

The term for consideration of a divorce case with a small child in a magistrate's court is 1 month, in a district or city court (in the event of disputes about children) - 2 months. However, this period established by the procedural law may be extended for technical and organizational reasons, as well as because of the intention of the court to reconcile the spouses by appointing additional term– 1-3 months. 1 more month after issuance judgment submitted to the parties for its appeal, after which it will enter into force.

Divorce cases between spouses who have a small child are considered complex. An analysis of judicial practice shows that in order to consider a case, parents have to attend court sessions at least 3 times, provided that they have documents full order, and at the slightest difficulty, in the event of additional disputes and mutual claims, the divorce period can be significantly delayed.

Arbitrage practice

The birth of a child often becomes an insurmountable test for the family, and divorce before the child reaches 1 year is not uncommon for judicial practice.

The law establishes a ban on divorce from a wife in the first year of life joint child, but divorce is not prohibited if the wife is the initiator - and this is a kind of loophole for spouses who do not want to wait until the child is 1 year old. But even if the court dissolves the marriage between the parents, this will not allow them to relieve themselves of responsibility for the maintenance and upbringing of a joint child. In addition, an additional obligation may be imposed on the husband - throughout the entire period of her involuntary unemployment - until the child reaches 3 years of age.

An experienced lawyer will help you assess the situation and predict the possible course of events. On our portal you can get free consultation lawyer - write to the chat or call the hotline.

Difficulties

If the spouses decide to divorce mutual agreement, there shouldn't be any problems. But if in court session it will be found out that the consent expressed “on paper” is in fact the result of manipulation and violence, the case will have to be considered more closely and in detail.

Question

My husband filed a lawsuit for divorce, indicating in it that I agree. But actually I am against it. Our child is only six months old, I do not work, I live in the apartment of my husband and his parents. What can be done in this case?

Answer

In this case, you need to file an objection to the claim - before the first court session through the court office or directly during the court session. The objection must indicate the reasons why the marriage should be saved, referring to the presence of a joint small child and other circumstances of family life. A copy of the child's birth certificate must be attached to the objection to the husband's claim (if the husband did not do this).

If it is the husband who files the lawsuit, it may also be difficult to try and deprive her of parental rights not to contain the child and the mother. In such cases, the court also examines in detail the evidence presented to the court by each of the spouses - documents, testimonies of witnesses, audio and video recordings.

If the claim is filed by the wife, referring to unacceptable behavior husband, the court will evaluate the evidence presented, so a woman should take care of preparing a convincing evidence base confirming the impossibility of maintaining a family and cohabitation. Otherwise, especially if the husband does not agree to dissolve the marriage, and there is no evidence of his misbehavior, the court will appoint 1-3 month for the reconciliation of spouses and the preservation of the family.

Rights and obligations of parents after divorce

According to articles 63, 80 of the RF IC, they bear equal responsibilities for the upbringing, material support, and education of minor children. And divorce between parents cannot be a reason for not fulfilling these responsibilities.

Usually talking about parental responsibilities , we mean the payment of alimony, but the participation of the father and mother in the life of a joint child should not be limited to the payment of sums of money, but should include regular meetings, communication, upbringing, assistance in obtaining education, comprehensive physical and mental development, health and medical care.

Parents also have equal rights: spend time with the child, take part in his life, know about the state of his health, resolve issues related to his education and medical care, give or not give consent to the child's travel abroad.

If one of the parents evades fulfilling his obligations towards the child or prevents the other parent from fulfilling his obligations and exercising parental rights, the issue must be resolved by the court with the involvement of the guardianship and guardianship authority, and the court decision must be enforced.

Who will the child stay with?

In the divorce process of spouses with children, the court often considers related issues, for example, what will be the order of his meetings, pastime and communication with the second parent.

Parents can resolve all these issues on their own, even before going to court, by preparing a written agreement (according to clause 1, article 24 of the RF IC). The court will consider the submitted document, examine it for compliance with the rights of the child, and, if it does not find violations, approve it with its decision. If the parents cannot reach an agreement, the issue of determining the place of residence of a small child will be decided by the court.

It must be admitted that in the vast majority of such cases, the infant remains to live with the mother - in view of the strong biological and psychological relationship between her and the child, however, depending on the circumstances, other options for resolving the dispute are possible. An experienced lawyer will help to make a forecast about the outcome of the trial.

Alimony

According to Articles 80, 91 of the RF IC and Article 256 of the Labor Code of the Russian Federation, the parent who lives separately from the child - the father or mother - must pay alimony ...

for the maintenance of a joint child under 18 living with the second parent,
for the maintenance of this second parent who does not work in connection with caring for a child under 3 years old.

Can be defined as a constant, fixed amount or percentage of wages parent (according to Articles 81-83 of the RF IC), however, depending on the circumstances, they can be increased or decreased by the court. The amount of maintenance payments for a spouse who provides care for a child under 3 years old is determined only in a fixed amount - either by the spouses independently or in court, depending on the financial situation of the spouses.

Results

Let's summarize the topic discussed on the possibility of divorce between a husband and wife if they have a joint child under the age of 1 year, and the procedure for such a divorce procedure:

Divorce is possible both in administrative (if there are grounds provided for in Article 19 of the RF IC), and in court.
The law prohibits a husband from initiating a divorce from his wife until the joint child is 1 year old;
If the wife agrees to divorce her husband, the presence of a small child will not be an obstacle to this;
The law allows a wife to initiate a divorce from her husband despite having a small child;
After a divorce, the parent with whom the child remains (usually the wife) has the right to demand payment of alimony for the maintenance of the child (up to 18 years) and for his own maintenance (up to 3 years).

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With the advent of a baby in the family, difficulties, like litmus paper, reveal the degree of strength of the relationship between mom and dad, many do not even live up to the child reaching the age of 1 year.

Is it possible to get a divorce in this case?

The official termination of family ties is regulated by the Family Code of the Russian Federation, namely the case when the baby is not yet 1 year old, Art. 17 of the RF IC, and such legislative acts:

Resolution of the Plenum Supreme Court RF dated 05.11.1998 N 15;
Code of Civil Procedure, Art. 220, Art. Art. 132-135.

The law of the Russian Federation stands guard over the interests of the mother and child, and therefore Art. 17 RF IC.

On whose initiative can a marriage be dissolved if there is a child under 1 year old?

Breaking family ties is never without reason, but in the presence of a baby, these and conditions must be sufficiently convincing. There will be no problems with the mutual desire to leave, but even in this case it is possible to bring the process to a legal point only through the court, when filing a claim.

After all, the matter concerns not only the separation of adults who have already become parents themselves, it is necessary to solve the problem of financial support for the child, as well as his mother, who is not yet able to start fulfilling her labor duty.

The guardianship authorities, for their part, will take part in litigation, making sure that the interests of the child were not infringed not only in property and financially but also morally: both mother and father should participate in upbringing.

Art. 19 of the RF IC provides for divorce, regardless of the presence of children, if one of the spouses:

recognized by the court as incompetent or missing;
serving a sentence of at least 3 years.

Wife's initiative

If the wife, mother of a baby under the age of one year wishes, divorce is possible. If there are no egregious circumstances - infliction of bodily harm, etc., then it is more reasonable for a woman to endure until the child reaches the age of 1 year, in which case she can freely live with the child in an apartment that does not belong to her.

If cohabitation with her husband is impossible for such reasons:

drunkenness, brawls, fights;
drug addict;
gambling, etc.

then it will be necessary to provide evidence of the unworthy behavior of the father and husband. As evidence, photos, audio and video recordings, testimonies of witnesses, a certificate from the district police officer are suitable.

On the initiative of her husband

Art. 17 of the RF IC does not give the husband the right to initiate. The father of the family with a child who is not yet 1 year old, with a strong desire to part with his wife, has 2 options:

persuade ex-lover agree;
wait until the baby is marked with a date of birth of 1 year.

Live with legal wife and he is not obliged to be a baby without desire, but he must ensure a materially comfortable life for both of them.

Divorce procedure

If you have a baby, the procedure for divorce is provided by law only.

A mother who has a child under the age of 1 year, who initiates a break in marriage, or both spouses - with a joint decision, must submit the following documents to the court:

(Art. 131-132 Code of Civil Procedure of the Russian Federation);
a copy of the claimant's passport;
birth certificate of the child;
title documents for property;
payment receipt.

If the relationship of the parting parents of the child allows them to conduct a calm dialogue, then it is better to immediately draw up and attach to the package of papers on payment and on the joint upbringing of the child.

The existence of such an agreement will expedite the review process.

The state duty depends on the volume of problems that the court has to solve:

for the actual divorce - 600 rubles;
for the appointment of alimony for a child - 150 rubles;
if alimony will be assigned to the spouse, then another 150 rubles.

There are nuances in the court's determination of where to file. As a rule, divorce is dealt with at the address of the family's residence.

If the value of the property to be divided in total exceeds 50 thousand rubles, then the divorce case must be considered by the district court.

The court will accept the documents for proceedings, appoint the day of the court session, at which representatives of the PLO must be present. Usually divorce and division are not limited to one meeting, the court is obliged to give the former couple time for reconciliation (most often this period is 1 month).

The court ends with a decision, which so far is resolute, that is, not quite final. For the formation of the final decision, the judges are allocated time lasting up to 5 working days. days. The decision must gain legal force, which will take at least 30 days.

If none of the former married couple has not filed an appeal or cassation, then approximately 1.5 months after the court has issued a decision, you can come to the office of the judicial authority and receive a decision, as well as from this decision.

An extract will be needed when the separated spouses - each individually - find time to receive and at the same time put a stamp in the passport as proof of their freedom from marriage ties.

What problems might arise?

If the evidence of the intolerant behavior of the spouse does not convince the court of the impossibility co-location couples in the same living space, or in the event of a categorical refusal of the husband to dissolve the marriage, the court is obliged to postpone the decision for a period of 3 months.

Unwilling to pay money to his wife and child as alimony, the spouse may try to denigrate the woman in order to deprive her of her parental rights.

The judge with an experienced eye can see that the evidence of this is rigged, "far-fetched", in which case an examination is appointed. The court is postponed, and the payment of expert services is paid by dishonest dad.

Where to apply for a divorce - at the registry office or district court, or maybe a world court? Clarification of this difficult question There is .

Can inherited property be divided? Learn about it at.

Duties and rights of the party that remains without a child after a divorce

The one of the couple who, after a divorce, lives separately from the child, is obliged to pay alimony for the maintenance of his child, as well as for the provision of another parent caring for their common offspring, until the baby is 3 years old (Article 80 of the RF IC, Article 256 of the Labor Code RF).

But the responsibilities are not limited to material support. A child, in order to develop harmoniously, must know both of his most dear people - both mom and dad.

Therefore, one of the couple who does not permanently live with the rest of the family is obliged to participate in the upbringing of the child.

The incoming parent is also obliged to participate in the development of the physical and mental health child, help the other parent to give a good education, which is impossible if you do not develop abilities - to take classes in circles, sections, courses.

But the parent living separately also has rights that are often violated by the other side.

The rights are as follows:

know about the state of health of your child, about his marks at school, about his behavior and problems;
give or not give consent to, to export outside the country;
communicate with the child as much as he wishes, and if the other party is against it, then go to court to determine the schedule of visits with the offspring;
participate in the maintenance and upbringing;
resolve issues related to education.

Parting, the spouses divorce each other, but for both of them the child remains native.

According to Art. 17 of the RF IC, divorce with a child under 1 year old is allowed only with the consent of the woman. A man cannot initiate a divorce. The application must be submitted by the spouse or by mutual agreement of the parties. Because the couple have a common minor child case is being considered in court. Divorce through the registry office is excluded here.

Why a man cannot file for divorce if the child is under one year old

Family law is to protect the rights of minor children. One of them is living in a complete family. After the birth of a child, the life of the spouses changes dramatically. It is possible that quarrels will arise that will lead to the desire of a man to divorce. Because the emotional condition women after childbirth are not always balanced, she needs time to recover. One year is enough for this. What justifies the ban on a man filing for divorce in unilaterally.

Important!!! Whatever the reason for the divorce, a man cannot file for divorce until the child is one year old.

Unfortunately, but in practice, spouses may not live together. This is the fundamental reason for the dissolution of a marriage. If the spouse agrees with the procedure, she has the right to file documents with the court unilaterally. In this case, the divorce will be issued. The age of the child does not play a role here.

With the mutual consent of the spouses to divorce, there will also be no problems. One of the parties will be able to file a claim with the court, while the other will fully agree with the requirements specified in it. In this case, the dissolution of the marriage will take place in as soon as possible after the first trial.

Where to file for divorce if the child is under one year old

The divorce procedure, if there is a child under one year old in the family, takes place in a standard manner. A woman will need to prepare a statement of claim in advance and required package documents by submitting them to:

Magistrate's Court.
District court.

If the spouses were able to independently determine the place of residence of the child, i.e. they have no claims against each other, the lawsuit is filed in the world court. If there is a dispute - to the district.

Important!!! When determining the place of residence of a child under one year old, the court will certainly take the side of the mother. This is due to the close emotional dependence of the newborn and the woman. A man will be given a child only if he can prove the mother's incompetence, her alcohol or drug addiction.

Divorce from baby up to a year requires payment of a state duty in the amount of 600 rubles. This should be taken into account when filing a claim with the court. In addition to the basic requirement for a divorce, a woman has the right to request the appointment of maintenance payments for herself and the child.

divorce papers

One statement of claim for the trial will not be enough. Copies must be attached to it:

Plaintiff's civil passport.
Marriage certificates.
Birth certificates of the child.
Receipts for payment of state duty.

You will also need an original certificate of family composition or an extract from the house book. In some cases, an additional list of documents is required (for example, a certificate of the father's income, if necessary, the appointment of maintenance payments).

Drafting a petition for divorce

A statement of claim for divorce, if there is a child under one year old in the family, can be drawn up by the spouses on their own, or by contacting a lawyer. By whom it will be framed does not play a role. The main thing is to draw up taking into account all the norms of the current legislation. Errors will result in rejection of the application. To prevent this from happening, it is still worth turning to a professional for help. If there is no money for paid services, a woman can resort to free legal advice on online resources.

What is included in the claim?

Name and address of the court.
Plaintiff and Defendant information.
Information about the child.
Basic requirement for divorce.
Justification of the requirement.
Links to laws.
List of documents.

The plaintiff supports the claim with the date of preparation and signature. Further, the application, together with the documents attached to it, should be taken to the court secretariat. Within 5 days, the plaintiff will receive a response about the opening of the case or a refusal indicating the reason.

The procedure for the dissolution of the marriage of a family with a child under one year

Divorce in the presence of a child under 1 year old occurs in court. The first hearing is scheduled one month after the receipt of the claim and documents. If a woman cannot take part in the process, she has the right to write a statement with a request to conduct it without her presence. The case will proceed without her.

Important!!! According to paragraph 2 of Art. 16 of the RF IC, the basis for the dissolution of the marriage of spouses with a child under one year old is the acceptance by the court of an application from both parties, or a woman.

In case of mutual consent of the spouses to divorce, it will be approved after the first meeting. In this case, the judge will give time for reconciliation of the parties.

As a rule, if there is a child under one year old, a maximum period of 3 months is assigned.

During this period, the spouses can reconcile and refuse to divorce.

If the spouse does not want to get a divorce, the consideration of the case may be delayed for long months. The man may not come to the trial. In this case, a rehearing will be scheduled. If it is ignored, the judge will grant the woman's demand for a divorce.

It is worth saying that even if a man refuses a divorce, a woman has the right to request approval of the claim. The judge will carefully study the case, if the plaintiff does not want to go to reconciliation, he will fully satisfy her requirements, setting the time limits for reconciliation.

In some situations, a divorce with a child under one year old can be accelerated. This applies to cases of physical violence against a woman, as well as the presence of alcohol or drug addiction in a man. Litigation in this case takes place according to the general procedure. However, the judge reduces the terms for reconciliation, or does not set them.

Obtaining a certificate of divorce

The court does not issue a divorce certificate. He only makes a decision and gives the spouses a copy of it. After its entry into force (the end of the reconciliation period), the parties will need to visit the registry office. Obtaining a certificate of divorce requires the payment of a state fee on behalf of each participant in the trial.

Important!!! The amount of the state duty for obtaining a certificate of divorce is 650 rubles.

Former spouses do not have to go to the registry office together, they have the right to visit it separately at any time convenient for them. Each of them will be given a copy of the certificate. At the same time, the terms of its receipt are not established at the legislative level. This means that you can request the issuance of a document both in a month and in several years.

Divorce with a child under one year through the registry office: exceptions to the rules

If there are children in the family, the divorce is formalized in court. However, this is not always possible. In accordance with the RF IC, a woman can file for divorce at the registry office unilaterally in exceptional cases. These include:

Recognition of a man as missing or incapacitated (carried out in court).
Serving a man sentence for more than three years.

In such situations, divorce is carried out in a simplified manner. The presence of a child under one year old does not play a significant role here. It is enough for a woman to express a desire to get a divorce, write an application to the registry office and submit required list documents. They include.

Divorce in the presence of children under three years old often becomes a headache for former lovers. The fact is that such a procedure is carried out exclusively through the court, and the process itself is associated with the collection of various papers.

How right apply for a divorce if you have a child under three years old, and what difficulties can get in the way of the spouses?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Documents to court

So, without what papers is it impossible to terminate the marriage?

Original marriage certificates.
Appropriate birth certificates of common babies.
Spouses' passports.
Marriage contract if it was compiled.
Receipts confirming payment of the relevant fees.
Extracts from house books confirming the place of residence of the spouses.
income statements each of the spouses.
A document confirming the consent of the second family member to divorce.

Also, to the list of documents, you can add those evidence that became an incentive to start divorce proceedings. For example, the plaintiff may apply papers confirming the incapacity of the second half or a document evidencing a term of imprisonment.

All these papers are taken into account by the court and may affect the decision on the divorce process.

Participation of guardianship authorities in the process

Often divorced the process is not complete without the participation of guardianship authorities. So, according to Article 66 of the RF IC, guardianship authorities can intervene in the divorce process in the event that if the parental qualities of the spouses are in question.

If a couple has an argument about whether who should be the primary caregiver of the baby should contact the guardianship authorities.

Often in the process of divorce, one of the spouses tries to to achieve the abolition of parental rights of their second half. In this case, the guardianship and guardianship authorities also intervene in family disputes, which assess the situation and decide in the end with whom the baby will remain.

Obligation to maintain a child under three years of age and his mother by the father

In the event that the divorce proceedings have been completed, and baby stayed with mother, the ex-spouse has the right to demand payment of alimony not only for the crumbs, but also for herself, since a child under three years of age regular care , and therefore the mother does not have the opportunity to work and look after the baby at the same time.

That is why alimony payments apply both to the child himself and to his mother (until the child reaches the age of 3 years).

According to Article 89 of the Family Code of the Russian Federation, a wife during pregnancy and within three years from the date of birth common child has the right to alimony from another spouse who has the necessary means for this.

In that case, if the spouse refuses to make the appropriate payments, the procedure for their accrual is discussed in court. If the couple came to mutual agreement about providing for the child and his mother, you can do without legal claims.

It is enough for former spouses to conclude an appropriate agreement confirming the level of future payments. The contract will only be valid when it is notarized..

There are regular discussions on the topic Increasing the amount of the state fee for filing a divorce. Many lawyers believe that raising the fee to, say, 30,000 rubles will have a significant effect on reducing the number of divorces.

In particular, divorce through the court now costs 650 rubles for each spouse. When, if the couple has property disputes, the amount of the fee may be increased. Having learned the details of the court, the couple can pay the relevant fees at any bank.

Judicial practice on this issue

Modern arbitrage practice on divorce proceedings is very diverse. Almost always the court decides in favor of the parent who remains the primary guardian of the crumbs up to three years. If both parents have claims from the guardianship authorities, grandparents can become guardians.

Issues of alimony and division of property also often have to be resolved through the courts.. If a couple has property disputes, then in addition to all the documents listed above, they will also have to provide information about all the real estate they own.

In the most difficult and confusing cases, divorce proceedings can take several months. If the couple does not special claims to each other, and the issue of custody has long been resolved, then the court has the right to divorce former lovers in 2-3 weeks.

Certainly, divorce proceedings are always a difficult ordeal For former spouses, because sometimes disputes regarding custody and division of property last for several months. That is why, before destroying a family, one should think about the well-being of your children and their future.