Times of strict morals are long gone. Now everyone can not only create a family with the person he loves, but also get a divorce if the marriage is not formed. Unfortunately, currently in Russia the statistics are disappointing - out of 100% of the country's population, about 51% have passed the procedure of divorce. And this is almost every second pair. There are a lot of reasons leading to such deplorable consequences. Some break off relationships due to misunderstanding, others because of spouses' addictions (alcoholism, drugs). However, psychologists assure, the most important reason is still the lack of trust. Russian law provides for a certain period after filing an application for divorce, which is given to reconcile the parties. But no more than 7% of people use this chance. The rest bring the process to its logical conclusion.
There are a lot of subtleties in this business. Only couples who do not have common children who have not reached adulthood will be able to divorce quickly and without any complications. It is enough for them to collect the necessary documents and file a claim with the appropriate authority. After a few weeks, they will be issued a “long-awaited” certificate. But there are other situations, for example, in the presence of minor children, the order of divorce will be completely different. This process will require a lot of time and effort. The judiciary will try to protect the interests of the child as much as possible, giving the wife and husband a chance to reconcile.
But what if the spouses cannot even allow the thought of living together? Then you will have to start the divorce proceedings. Let's look at the order of divorce in the presence of minor children, its nuances and features. This information is recommended to be taken seriously and carefully studied, since this procedure is considered the most difficult.
Divorce: where to go
Almost all people know where to go if they want to formalize their relationship. But when it becomes necessary to terminate the marriage, only a few possess information. As a rule, these include lawyers and those who have already experienced this procedure. What do the remaining people do? Any state has the appropriate bodies that deal with such issues. The following structures are attributed to them:
- REGISTRY OFFICE.
- District and world courts.
It is important to understand that in the presence of minor children for divorce, the submission of documents is not possible in each of the listed bodies. In any business, there are certain subtleties. Depending on them, the appropriate organization is selected, which is endowed with certain rights. Therefore, the decisive factor in choosing the body where you need to apply for divorce is the relationship of the spouses, the presence of property disputes and other circumstances.
Appeal to the magistrate's court
Mutual divorce in the presence of minor children in judicial practice is considered the simplest procedure. However, even in this case, you have to go to court. Spouses can choose this method only if there is no disagreement between them. And this is not about a mutual desire to dissolve the marriage, but about other issues such as property issues, where and with whom the children will live, how and how much the second parent can meet with them and so on.There is one more peculiarity that needs to be paid attention to when appealing to a magistrate court - the distributed property of spouses should not exceed 50,000 rubles.
The main issue considered in court will be the fate of children. The fact is that the judicial authority is the representative of the interests of the minor child, since the latter cannot do this on his own because of his age. In order for a positive decision to be made in the case, the spouses will have to amicably agree before or during the meeting on the following issues:
- With whom, after a divorce, children under the age of majority will permanently live.
- On the amount of monthly payments (alimony). In a peace agreement, parents themselves can determine the amount to support their children.
- Schedule communication. Fathers or mothers who do not live with children should still participate in their lives, so the judge will decide how they will meet.
Divorce at the district court
In real life, most often spouses cannot agree peacefully. They have disputes on each issue, the discussion of which ends in conflict. Unfortunately, in this situation they will have to act only through the courts. Divorce in the presence of a minor child will be handled by the district authority. With its help, it will be possible to resolve all disputed issues in the legal order. These include the section of common property (more than 50,000 rubles), the procedure for communicating with a child, etc.
Due to the fact that the couple cannot find a compromise for a long time, the divorce procedure is sometimes delayed for a very long period. Also, the fact that one spouse wants to divorce, and the second does not give his consent, can significantly increase the time for consideration of the case. Based on this, the judge appoints a conciliation period during which the couple is given the opportunity to once again think everything over and make a final decision.
Is it possible to get a divorce through the registry office
Registration of a divorce in the presence of minor children is possible not only through the court. Sometimes another state body, the registry office, may be involved in this process. Note that everything here is much simpler, but not everyone who wants to, even without any complaints, can get a divorce here.
REGISTRY OFFICE - an administrative body that does not have certain powers, in particular, it cannot represent the interests of children. The Family Code of the Russian Federation clearly describes the circumstances in which the registry office deals with divorce. This lengthy and unpleasant process can only be reduced to filing an application in the following cases:
- One of the spouses was sentenced to 3 years or more.
- A husband or wife is officially declared legally incompetent.
- One of the spouses is reported missing.
It is important to understand that it is precisely these circumstances that allow the plaintiff to get a divorce even if he has minor children of any age or the second spouse does not give consent to this procedure. All that is required in this case is to come to a certain office, fill out an application and give it to the registry office employee, and after a while, receive documents with a seal and a certificate of divorce.
Documents for divorce in the presence of minor children
If there was a discord in the family, and the matter came to a divorce, then both the husband and wife can apply to the court with a request to terminate the marriage. To do this, you must submit an application. How exactly does this procedure take place? One of the spouses collects the necessary documents, their list will be listed below, attach them to the application and register with the secretary. After that, the applicant will be informed of the date of the meeting.
So, what documents are needed for a divorce in the presence of minor children.
- A photocopy of the applicant’s passport, as well as the second spouse.
- Copy of marriage certificate.
- A statement drawn up in accordance with all the rules.
- Copies of birth certificates of children.
- State duty receipt.
In order to facilitate the divorce procedure, a written agreement on the division of property, as well as where the children will live and how they will communicate with the second parent, can be attached to the application. Naturally, this is possible only if these points are not disputed by the spouse.
Divorce proceedings. How does this happen
How does a divorce occur in the presence of minor children? This question is often asked by those who have to go through this procedure. In practice, the more disputes between spouses, the longer the case will be considered. The judiciary primarily protects the interests and rights of minor children. Unfortunately, they, although not out of their own will, are also participants in the divorce proceedings, the so-called third party. Due to their age, minor children cannot defend their rights; therefore, they can very well suffer from the rash actions of their parents.
You need to understand that in order to get a divorce in court, if there are minor children, you will need to attend more than one meeting. As a rule, this process is stretched into several stages. A decision can be made right away only if the couple reached a peace agreement before the trial.
So, let's look at how the divorce process occurs.
- In order to start this “mechanism”, the plaintiff submits an application (how to do this, as described above).
- After registration of documents, the first meeting is scheduled. On it, the judge decides on the case - immediately divorce the spouses, if there are no complaints, or schedule the next hearing.
Further scenarios may be several. For example, if one of the spouses does not agree to a divorce, the judicial authority appoints a conciliation period. If there are complaints or disputes, a decision is made to continue the process until compromises are reached.
How long does the process of divorce
Many not only want to know how the process of divorce occurs in the presence of minor children, but also how long it takes. If the meeting is not delayed by different circumstances, then you can get a certificate of divorce after 40 days. This period is considered minimal. Those who have concluded a peace agreement on all issues, that is, have no claims that need to be resolved in a legal manner, can count on it. Why such a period of 40 days? The fact is that after submitting documents to the judicial authority and before the first hearing, 4 weeks (1 month) must elapse. This time is given to the spouses for reconciliation. If, however, the couple is determined to divorce and has no complaints against each other, then at the first hearing the judge will satisfy the lawsuit. But that is not all. The judgment only takes effect ten days later. This period is given to challenge it. If no one appealed the decision, then the union of the couple is considered officially broken.
Such a procedure for divorce in the presence of minor children is the simplest. Accordingly, it takes a little time. But provided that the spouses have disputes, the divorce proceedings can be significantly delayed. For example, if one side disagrees, the court sets a three-month period for reconciliation, and sometimes it can be even longer.
The fate of children after divorce
Making a divorce in the presence of underage children, although difficult, but still quite realistic. However, spouses should not forget who is the most unprotected party. We are talking about minor children. They still cannot express their opinion, therefore parents decide for them. If the latter do not conflict with each other and come to a peace agreement, then, as a rule, the judge satisfies the proposed conditions. But most often in judicial practice, most spouses cannot divide children. It is then that the judicial authority becomes the defense of their interests. What could affect his decision?
- The arguments of each parent why the child should stay with him.
- Information about income, housing and other financial opportunities.
- Health condition, lack of bad habits (alcohol abuse, drug addiction).
- The opinion of the child. The court may take into account the wishes of children who are already 10 years old.
Communication with a child after a divorce
The procedure for divorce in the presence of underage children necessarily includes solving the question of how communication will occur with a parent who does not live with them. And here, if the spouses cannot agree on their own, the judicial authority takes over the function of determining the future fate of the child. To begin with, his place of permanent residence is determined, for example, with his mother. Then a communication schedule will be set for the father, if there are no circumstances preventing this. The latter may be the parent's immoral lifestyle, leaving the child in danger, psychological pressure, and so on.
The order of communication is appointed based on the wishes. For example, a father wants to meet with the child (s) every Saturday and Sunday from 2 p.m. to 7 p.m. However, the mother does not agree with this schedule and makes counter offers - Friday and Monday from 8:00 to 16:00. In this case, the judge will need to make a compromise that will suit both parties.
The purpose of alimony
Spouses who filed for divorce in court with underage children need to consider one more thing. We are talking about the appointment of alimony (monthly payments for the maintenance of the child). This stage is required. For a parent living separately, an amount is assigned, which will be 25% of his income, provided that there is only one child in the family. Accordingly, payments will increase if there are two or more children.
Features of divorce proceedings with children under 3 years old
If the family decided to break off official relations, but there is a baby in it up to one year old, then a man cannot be the initiator, since for 12 months after giving birth he must support not only his child, but also his mother. In this case, only the wife has the right to file a divorce from her husband. If there are minor children who have not yet reached the age of 3 years, only the judicial authority will decide on this process. Moreover, the meeting may require the written permission of the second spouse. You can do without this only if the family no longer lives together.
After the child is one year old, the judge appoints a period for reconciliation. As a rule, its duration is about 1 month. After its completion, if the spouses have not changed their decision, they are bred.
When divorce is prohibited and for whom
When are spouses not eligible to file for divorce? In the presence of minor children who have not yet turned one year old, and also if the wife is pregnant. These restrictions apply only to men. As for women, they, regardless of their condition and age of children, can file for divorce, and the court will make a positive decision.
But there is one exception that allows men to circumvent these restrictions. If the wife writes a written consent, the court will satisfy the husband’s claim.
Divorce lawsuit for underage children: sample
Having considered all the main points of the process of divorce, it is necessary to tell how to draw up a statement of claim in court. For this, a sample is presented that will help save the plaintiff on the services of a lawyer.
The document is drawn up in the style of business correspondence. It has the following structure:
- Cap. It will be necessary to write down the number of the judicial section and indicate the city. Further provide data (full name, address of registration and residence) about the plaintiff and defendant.
- Headline. As a rule, it is standard - “Claim of divorce”.
- Main part.It is necessary to describe the key points in it: when and with whom the marriage was made, how long the couple lived together. It is imperative to focus on the fact that no joint venture is currently underway.
- The reason for the divorce. For example, indicate that they did not agree on the characters, so further life together is impossible.
- Indicate that children / child were born in the marriage. If the spouses have no disputes about their place of residence, then write so.
- Further request. For example, I ask for a marriage between husband and full name wife, registered ... (date, by which authority), terminate.
- Describe the list of attached documents.
- Indicate the date of filing the application with the court and sign.
Sample petition for consideration of a divorce case in the absence of one of the spouses
If one of the spouses due to some circumstances cannot attend the meeting, then it is possible to get a divorce if there are minor children by submitting a petition to the court. Let's look at a sample of it. Importantly, the application is written on behalf of a person who cannot attend the hearing.
The structure of the document is standard. It consists of a heading, a main part, a request and a date with a signature. Let's look at how it should be filled. In the upper right corner are indicated the data of the court to which they are applying. Under it the full name is prescribed. persons, his address, as well as the procedural position. Next comes the headline. Under it, it is necessary to describe the reason why a person will be absent. Then ask the court to consider the case without his presence. At the end of the document, put the date closer to the left side, near it sign and decrypt the signature (full name).
Conclusion
So, in the article we figured out how to file for divorce in the presence of minor children. We examined all the subtleties of this process and ways to reduce the time spent on it. However, spouses should not forget that children suffer the most from divorce, so it is important to protect them from psychological trauma as much as possible.