Divorce during pregnancy is a measure that many couples agree to. Usually, the initiator of this process is either a woman or a man. But a girl in an “interesting” position in Russia is protected by law. It has certain security guarantees. What you need to remember about the termination of family relationships during pregnancy? Is it even possible to do this? And if so, how exactly? The answers to all these questions will be surely found below. In the end, every citizen will be able to cope with the task.
Divorce
How does a divorce occur during pregnancy? Do citizens have the right to terminate relations after marriage in the registry office?
Under current laws, the population has the right both to enter into family relations and to break them. Such decisions should be completely voluntary. In some cases, unilateral divorce is permitted.
It should be borne in mind that you can terminate a relationship with a spouse at any time, with rare exceptions. What is this about?
Under special rules, families fall where girls are in an “interesting” position. Divorce during pregnancy will be much more difficult. But why?
Features of termination
How to file for divorce during pregnancy? As we said, this is a rather difficult operation. Especially if you do not prepare for it in advance.
Pregnant women are a vulnerable population. And so they try to protect it at the legislative level. Divorcing a girl in an “interesting” position is problematic.
This is due to the fact that only a woman can apply for divorce during pregnancy. Husbands do not have the right to divorce their wives in an “interesting” position.
In addition, the spouse cannot be the initiator of a divorce for another 1 year from the moment a child is born. So in Russia they protect women.
It follows that divorce during pregnancy at the initiative of a man is a myth. And at the request of a woman - reality. But how to cope with the task? And what to look for during the termination of marriage?
Where to go
Are you planning a divorce during pregnancy? Where to go for help?
The thing is that there is no single answer to this question and it cannot be. It all depends on the circumstances. After all, each family is an individual cell with its own characteristics. Consider all possible scenarios for today.
Spouses without children and without common property may apply with a statement of the established form to the registry office. They will quickly solve the problem. The main thing is that the spouse agrees to the end of the family relationship.
If you have children or property disputes, you have to go to court only. In the district or in the world - depending on the situation. When dividing inexpensive property, they go to the second instance. The first is applied in the presence of minor children, as well as expensive property.
What to do if one of the parties does not agree to end the family relationship? If the wife resists, then nothing can be done. Even the court will not be able to divorce during pregnancy.
Wife does not want to leave? In this case, the woman has the right to appeal to the judicial authority with a corresponding suit. As a rule, the desire of the expectant mother will be satisfied. But sometimes this operation takes a lot of time.
The term of the task
And how quickly is a divorce carried out during pregnancy? As in the case with the choice of the location of the service, there is no clear answer to this question.
If you apply to the registry office, then you must breed a couple within a month.During this period, the wife may pick up the divorce application. A spouse is not granted such a right if his ex-wife is in an “interesting” position.
Litigation is much more time consuming. If the girl is not in danger, then you will have to wait 1 to 3 months. In some cases, the divorce proceedings is delayed for up to six months, or maybe more. But in the end, the spouses will be divorced. In this case, they cannot refuse a woman.
When the termination of family relationships is forced, due to the fact that the husband threatens the health and life of the spouse and the unborn baby, they can be divorced faster, but not earlier than a month after filing a lawsuit.
Action algorithm
How to file for divorce during pregnancy of the wife? Let's consider this operation step by step. The initiator of the action should be the woman.
Step-by-step instructions will look like this:
- Get a certificate from a doctor that the woman is really pregnant.
- Collect a specific package of documents. We will review the list of relevant securities later.
- Contact the selected authority to implement the task.
- Pay a termination fee with a spouse.
- Fill in the application form.
- Get written consent from your wife for a divorce. Usually a girl is simply asked if she really wants to leave her husband. Verbal consent will suffice.
- Wait for the decision of the court or registry office.
- Take a copy of the divorce certificate at the registry office.
The case is completed. In fact, if you prepare for the process in advance, you can easily realize the idea.
Package of documents
Divorce in the presence of pregnancy is not the easiest procedure, especially if the spouse does not want to leave. It’s impossible to force her to do this in an “interesting” position. This right is enshrined in law in the Russian Federation.
What documents are useful for the implementation of the task? It all depends on the circumstances.
Without fail, you will need:
- passports of the parties;
- Marriage certificate;
- application for divorce.
- The following papers may come in handy:
- a certificate from a doctor (preferably);
- wife's consent in an “interesting” position for divorce;
- birth certificates of all children;
- prenuptial agreement;
- maintenance agreement;
- agreement on determining the place of residence of children;
- statement of claim for divorce;
- certificates for all joint property.
In addition to the listed securities, applicants are required to receive a receipt on payment of the termination fee. Without this component, citizens will be refused a request.
Cost
How much is a divorce during pregnancy? The duty depends on the circumstances. In some cases, they pay more, once less. In addition, the size of the studied payment varies from year to year.
So far, the divorce fee at the registry office costs 650 rubles. Not too much, but not so little. In any case, the "price tag" is available to all citizens. So, everyone will get a divorce.
In case of unilateral divorce, the spouse must pay only 350 rubles for a divorce certificate. The “second side” will have to pay the same amount. No discounts or exceptions.
In some sources you can see information that the fee for divorce is 30,000 rubles. This is a common myth, a “scarecrow”, invented in order to make people divorce less. Similar proposals have already been heard in the government, but they were not approved. After all, both the creation of a family and its destruction should be accessible to everyone. And 30 thousand rubles is quite a lot.
Alimony after a divorce
Only a spouse can file for divorce during pregnancy. But that is not all. There is one feature that many men forget about. What is this about?
Pregnancy is a period when a woman is in a state of disability. And therefore, as soon as the family is officially destroyed, the man will have to pay child support.
Corresponding payments are assigned not only to the child after his birth, but also to the pregnant ex-spouse. Thus, the destruction of the family is not always beneficial to husbands. There will be no way to get rid of responsibility for the maintenance of the disabled former spouse and minor child.
Alimony is usually ordered through the courts, but parties can:
- agree on payments verbally;
- conclude an agreement with a notary.
How to act, the spouses decide for themselves. But verbal agreements in real life do not give any guarantees to a woman in an “interesting” position. Therefore, this alignment is extremely rare.
Going to court for child support
Did you get a divorce during pregnancy? Now you can file for child support for yourself and the child. But until the baby is born, a woman is only entitled to funding from her ex-spouse for her personality.
Appeal in this case to the magistrates' courts. You must have:
- medical certificate;
- passport;
- lawsuit;
- ex-husband's passport;
- divorce certificate;
- certificate of income of the spouse.
It'll be enough. If the husband has additional sources of income, they will have to prove. After all, the final amount of alimony for a pregnant wife depends on the level of welfare of the spouse.
After childbirth
Divorce during pregnancy is a lot of trouble. And after the baby is born, the "pitfalls" do not end there.
If more than 300 days have passed from the moment of divorce to childbirth, you will have to prove the relationship of the baby with her ex-husband. Otherwise, child support will not be paid.
Less than 300 days have passed since the divorce? Then the child is automatically recorded on the former spouse. But kinship is still desirable to prove. This will eliminate most of the problems in the future.
Conclusion
Now it’s clear how to file for divorce during pregnancy. To do this is not so difficult if you prepare in advance. The main thing to remember is that only a woman has the right to destroy a family during a “interesting” situation. Under no circumstances can a man demand a divorce in the case under study.
If the divorce is planned only because of alimony, then it is better to refrain from such a step. The thing is that financial support can be counted on even in marriage. It is enough to apply to the court with the appropriate package of documents. Then alimony will be assigned to both the wife and the child. A similar practice is found in Russian families more and more often.