The divorce procedure is a rather complicated process. And if you and your ex-spouse have minor children, then it will proceed with enormous difficulties. There will have to take into account a lot of points. In particular, the violation of the interests of the child. In any case, if you have minor children, you should be prepared correctly for our process today. Let's try to understand how to resolve the disputes and save ourselves from unnecessary problems.
REGISTRY OFFICE
In principle, the divorce procedure itself takes place at the registry office. This is a generally accepted decision, enshrined in law. It is worth contacting at the place of registration of one of the spouses, no matter who exactly. But this rule applies only if you do not have minor children.
In addition, the divorce procedure in the registry office becomes impossible if there is jointly acquired property (without a marriage contract), as well as if one of the spouses disagrees with the process. If you are the parents of minor children, here you will also have to contact the relevant authorities, but not the registry office. Even if you agreed with your ex-spouse in resolving certain issues.
Not always given
The procedure for divorce in the presence of a minor child, to be honest, has a lot of features. You should know about them. Especially the man. Indeed, women have more rights in this regard.
For example, a man has no right to divorce a pregnant wife. In the period of "interesting situation", as well as before the child reaches the age of one year, you can completely forget about divorce. But there is an exception.
Which one? The procedure for divorcing spouses becomes possible if a woman independently goes to court (registry office is also allowed, but in case of pregnancy, before the baby is born) with a similar request. In this case, you do not have the right to “push”. Neither you nor relatives. Upon recognition of moral pressure and compulsion to file a request for divorce, it is automatically canceled. Consider this factor.
Incapacity
The procedure for divorce through a particular authority is always difficult. Especially if there is any disagreement. By the way, in the registry office you can terminate the marriage, even if you have minor children. But for this you will have to follow some rules. After all, if they are absent, it is useless to apply to the registry office - you will be sent directly to the World Court. Keep this in mind. The procedure for divorce through the registry office can occur in the presence of common minor children only occasionally.
For example, if one of the spouses for one reason or another was declared legally incompetent, you can unilaterally break the marriage. And minor children are not a hindrance. It is enough to present evidence of the incompetence of your spouse in the registry office and submit all generally accepted documents for divorce. There is nothing difficult about this. True, as practice shows, it is rarely possible to resolve all issues peacefully. The procedure for divorce through the court occurs most often.
Conclusion
The next reason that one of the spouses is able to avoid a visit to the authorities and solve everything in a more or less familiar way is imprisonment. In general, it is difficult to divorce a “criminal” in the presence of any disagreements. And so many immediately go to court for support. Especially when there are minor children.
However, you can go to the registry office. But there is one small condition - the term of imprisonment, the second spouse must be "punished" or already be in prison for more than 3 years. In such a situation, it does not matter why the spouse was "imprisoned". The fact remains.Again, the divorce procedure in the presence of a minor child in this situation in the registry office can proceed only if you have conclusive evidence. Let's say a court decision.
No news
The last reason why you can avoid the lawsuit is the recognition of the spouse as missing. By the way, if there is no connection with a person and he has not manifested himself anywhere for 3 years, this rule comes into force. True, you will first have to achieve recognition of a person as missing. Here, most likely, you will still need to contact the judicial authorities.
As soon as you receive confirmation of your words, you can contact the registry office with a specific list of documents and terminate the marriage. In this case, minor children also do not play any significant role. Unless they will live with a spouse who has divorced. Nothing difficult, right? Also a very rare occurrence that takes place.
Please note that non-participation in the life of the child and avoidance of communication is not a reason for recognizing a person as missing. In this case, the divorce procedure in the court "happens" without fail. Now a little more about this process.
Peace and quiet
The procedure for divorce in the presence of minor children can be of a different nature. As already mentioned, it is worth paying attention to many factors that can affect the court decision. Suppose that you and your spouse mutually decide to divorce and solve all property and non-property issues. In particular, with whom the children will live, what alimony will be paid, and so on. Important: concerns the situation when the kids are less than 10 years old.
It is enough to apply to the court (World) with a request for divorce, as well as relevant documents. About them a little later. Directly at the hearing, report the rules and agreements to which you have arrived. Everything will be fixed, and you will be allowed to divorce. You get a court opinion and you are already applying to the registry office to issue a certificate of divorce. Honestly, such cases are extremely rare. And the divorce procedure in the presence of a child or several children, as a rule, brings a lot of problems.
War
Most often, when you divorce, you have to try pretty hard to complete the whole process. The divorce procedure, if you have minor children, and you can’t “divide” them with your spouse for one reason or another, can develop into a real “war”.
Why? Usually one of the spouses remains angry with the other due to divorce. And in order to “annoy” he is trying to take away the children. This is wrong, but such behavior in judicial practice is far from uncommon. Perhaps, every second divorce with children in court resembles a battlefield. And everything is solved with great difficulty. Even having a good lawyer does not give you any guarantees that it will be possible to get a divorce quickly, and also to smooth out all disagreements without any problems. So, what factors will be taken into account when “dividing” children from an ex-husband and wife does not work out?
The opinion of the spouses
Of course, the first thing that the court pays attention to when divorcing and having one or more minor children is the very desire of the spouse. It concerns both - a man and a woman.
The court must listen to each party regarding the issue of living with a child. Indeed, sometimes a situation may occur in which the father or mother does not want the baby to be with him. But the second spouse is "only for". This rarely happens, but it does. Although the desire of the spouses in this matter is far from in the first place. And usually, on the contrary, they want to take away children from the former.
Children's wishes
Do not forget that the divorce procedure in the presence of a minor child primarily affects his interests. And they are necessarily taken into account. We can say that this factor often plays a decisive role in the "war".
When the kids are not yet 10 years old, they only listen to them.And after that, the opinion expressed by the child is taken into account first. And without fail. If children categorically refuse to live with their mother or father for one reason or another, they are unlikely to be left where they do not like.
Contribution to Parenting
What's next? An important point is also the contribution of the spouses to the upbringing of the child. And here, to be honest, the court gives the woman great rights, like a mother. Sometimes the spouse does not raise a child at all. Then the husband can count on the fact that the children will be left with him. But not always. Why?
Because many factors will be taken into account. For example, the work and life position of a woman. Indeed, children are often “forgotten” because they are forced to work day and night in order to provide for their child. Here the court, as already mentioned, will be on the side of the spouse. Moral principles and modern stereotypes hold that the man is the main earner in the family. And the woman is a kind of keeper of the hearth, which at the same time should raise children. This does not relieve the father of his participation in the life of the child.
That is, if he works day and night to ensure life in the family, and the woman takes care of the house and children, all the same she will have to make a contribution to the upbringing. Otherwise, the court recognizes you as a "bad" father and takes the side of your wife. When it comes to women, the presence of her work (forced) role will not play. In this case, she really has a better chance of keeping the child. The exception is when the spouse works "for the soul", the husband is engaged in upbringing, and in his free time the wife has fun.
The material side of the issue
This is such a difficult matter - divorce. The procedure with children, as already mentioned, includes a lot of subtleties. We must not forget that the material side of the matter plays an important role. The child will never be left with the parent if he cannot provide the minimum necessary for the growth and development of the baby. Although women can give a chance. For example, find a job.
You should not think that if the spouse is the only “earner” in the family and the wife is a housewife, they will leave you children without fail. Not at all. Firstly, it takes into account the fact that household chores are also a kind of work. Secondly, an invaluable contribution to the upbringing and development of the child will be taken into account. Thirdly, a woman can always find work (the court is able to give time for this).
But when a woman is the only or main “earner” of money for the family, and the husband plays the role of a dependent, even if there is no contribution to the educational process, the mother has more chances to leave the child with her. Indeed, in this case, it does not work of its own free will, but because of need. Both spouses have a job? Then this item will simply be taken into account, and the emphasis will be on other factors. For example, the opinion of the child.
Health
The physical and psychological health of each parent is also considered. Under equal conditions (which is extremely rare) they look at the moral principles of each individual. And they can play a crucial role. Although, as practice shows, the moral principles and lifestyle of each spouse are always taken into account. Regardless of health.
With an aggressive, inadequate and vile person in all respects, the kids will never be left behind. But a healthy and balanced person has every chance of a decision in his favor. In addition, the reason for the divorce is often drawn. Sometimes it is possible to extract data on moral principles from it.
Bad habits will also be taken into account. Each of the spouses. Their complete absence is a huge plus in your direction. It is impossible to deceive the court here - this is knowingly false evidence. And they can punish you. In general, for a child to stay with you, it is enough to be just a decent person without bad habits.
Roof over your head
The procedure for divorce through the court in the presence of minors also implies a study not only of the material and moral aspects, but also of the property of the spouses.Also a rather interesting point, which is not always and not everyone understands. Of course, in order for a child to be left with one of the parents, it is necessary to provide him with appropriate housing. His absence plays an important role. But here not only their own apartments are taken into account, but also the possibility of providing a "roof over your head".
For example, when the husband has his own living space, but the wife does not, but all other conditions are equal and the child does not know with whom he wants to stay, they begin to look at the property of close relatives. Often a family is able to give an apartment suitable for living. Here, the number of residents who will be present on the living space is also important.
So, for example, the own apartment of one of the spouses, but with the parents' permanent residence there, for example, will not be able to "defeat" a separate, even the smallest, home. Therefore, pay attention to this issue. Property relations are far from the last in the list of divorce procedures in court with children. But to focus only on them is not worth it. It often turns out that children are left with their mother even in a rented apartment, and not with their father with personal living space.
How to act
What is required to organize a divorce through the court? Firstly, a lawsuit. Or application for divorce. It is submitted with all other documents to the World Court.
Secondly, copies and originals of spouses' passports. The birth certificates of the children, as well as the marriage certificate, will also have to be attached here. For all, it is best to make additional photocopies.
Thirdly, in some cases you will have to invite uninterested witnesses to confirm your words. And do not forget that you also need documents that will help to assure the court of your financial situation. And everything that can solve a dispute regarding children also needs to be brought. This may be a certificate of employment, real estate documents, forensic examinations, videos, photographs and so on. The main thing is to have their originals with you.
Fourth, you need to pay a state fee of 650 rubles and present a receipt for payment. When you mutually decide on a divorce and more or less resolve all disputes, directly during the proceedings you will be asked to sign an agreement. It will spell out all the points that will have to be followed. For example, the payment of alimony and the rules for communicating with minor children.
In principle, that’s all. By the way, for a divorce through a court, only the plaintiff’s passport is sufficient. You will be required to accept the application and consider it in such a case. As you can see, the issue of divorce in the presence of children can often be solved without any problems. It is enough either to agree with the spouse, or simply to represent a cultured and good person who has work and everything necessary to provide for the child.