Where can you get a divorce if you have a child? How to file a divorce if there are minor children? Complex and special cases

27.12.2023

Sometimes a misfortune like divorce happens in a family. People decide from now on to go their own way through life and plan to end family relationships. And here the question arises: where should you file for divorce? In our article, we will look at how to go through such an emotionally complex procedure, what documents are needed for this, and where to file a divorce if you have a child.

It doesn't matter where you live. In order to answer the question of where to file for divorce in Moscow or any other city, you must first establish the reasons why you decided to divorce and the conditions accompanying this. The marriage will be dissolved on the terms established by family law. Relations related to the divorce process are clearly regulated by the Family Code of the Russian Federation, in accordance with the terms of which it is possible to file a divorce at the will of one of the spouses, as well as by mutual consent. The guardian of a spouse declared incompetent also has the right to demand a divorce. Regarding divorce, there are also a number of restrictions under which the husband does not have the right to insist on it:

1. During the wife’s pregnancy.
2. Within 1 year from the birth of the child.

Where should I file for divorce? Current legislation establishes only two possible places:

1. It is possible to register a divorce at the registry office.
2. Divorce can be filed in court.

There are a number of restrictions on this and that, which we will discuss in more detail below.

Divorce proceedings in the registry office

The question of where to file for divorce is decided depending on the situation. It is possible to dissolve a marriage in the registry office; this process is much simpler and faster than in court.

It is possible to formalize the termination of family relations in the registry office in several cases:

1. If the parties have a mutual desire to dissolve the marriage and there are no claims of any kind against each other.
2. If the parties have no children under the age of 18.

There are situations when you can get a divorce at the registry office if you have small children together. This is possible in the following cases:

1. One of the spouses is declared incompetent.
2. One of the parties to the marriage relationship has been declared missing.
3. One of the couple is convicted, and the punishment is imprisonment for a term of more than three years.

According to the provisions of the current legislation, a marriage subject to dissolution by the registry office is dissolved within a month from the date of receipt of such a request.

Divorce at the registry office. List of documents

In order to get a divorce at the registry office, you need to submit the following documents:

1. Passports of both spouses. The originals are presented.
2. Application for termination of marital relations. Submitted according to the form provided by the Civil Registry Office staff.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It is necessary to note the fact that in case of a mutual application for divorce, both spouses are obliged to pay it.
4. When filing a divorce through the registry office at the request of one of the spouses, the cost of the state fee is set at 350 rubles.

It should be noted that in this case, not only the divorce process itself is paid, but also the issuance of a new certificate. That is, in this case you do not need to pay any more duties. Until 2015, filing an application and then issuing a divorce certificate were paid separately.

Each civil registry office has separate payment details, so you must apply for a receipt in advance.

Where to file for divorce if you have a child

The procedure for divorce if a couple has a child or even several children is somewhat different. This rule applies if they are under 18 years of age. It will be possible to terminate family relationships only through a judicial procedure.
A marriage can be dissolved through court in the following cases:

1. If you have a child. Divorce is carried out when the facts are established, as well as from the words of the applicants that living together is impossible, a common household is not maintained. In this case, the court has the right to set a period for reconciliation of the spouses equal to three months and postpone the court hearing.

2. If one of the spouses does not give his consent to the divorce. In this case, the court must establish the facts that the further life of the spouses is impossible, a joint household is not maintained.
3. One of the spouses avoids the divorce process, which could be formalized in the registry office.

In all cases, the marriage is dissolved once it is determined that reconciliation is not possible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. Applicant's passport. The original and a copy are presented.
2. Original marriage certificate. It is confiscated by the court in case of divorce.
3. If you have small children, copies of their birth certificates.
4. State duty. Today its size is 650 rubles. You can pay it at any bank branch. At the same time, if the check is drawn up in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.

The specified documents in two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court itself sends a package of documents to the defendant with a summons to schedule a court hearing.
As a rule, the consideration of a case is carried out in two stages - preparation for trial and the trial itself.

Where to submit documents

When filing a divorce through the registry office, you can contact the authority at the place of residence of the spouses, and if their registration addresses are different, then at the place of residence of one of them to choose from.

Claims for divorce are considered by magistrates without the presence of property claims on the part of the spouses:

1. At the place of residence of the party who will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives together with a small child.

If there is a property or other dispute between spouses, such cases should be considered in district courts. The dispute over the division of property will be resolved in court at the location of such property. When resolving the question of where to file for divorce, first of all you need to decide what requirements you have for your ex-spouse, how and with whom the children will live, what is the procedure for paying alimony, and only on this basis decide which court will have jurisdiction over your case.

If the marriage was terminated by the registry office, further disputes between the parties are subject to consideration in court.

In case of divorce through the registry office, the marriage is terminated immediately after an entry is made about its termination, as well as a stamp is affixed to the spouses’ passports.

If you have a court decision in your hands, then you need to wait until it comes into legal force, which is a month after it is issued, and only then contact the registry office for the issuance of a certificate of termination of marriage and affixing a seal.

In this article, we tried to answer in detail the question of where to file for divorce. By studying this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also understand where to file for divorce if there is a child, and in which case this procedure is greatly simplified.

As a rule, the divorce process is accompanied by significant difficulties, which is why it is extremely rare to complete it in the shortest possible time. If the couple has minor children in their care, then the divorce will take place exclusively with the participation of the court. This rule was established at the highest state level, since there is a need to carefully protect the interests of the minor. Let us consider in detail how to file for divorce if you have minor children.

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

All spouses who are raising children who have not reached the age of legal capacity will be forced to go to court when initiating divorce proceedings. The legislator establishes that the key priority in cases of this type will be the maximum protection of the rights and interests of minors, therefore the process will take place under the vigilant control of the judiciary.

In this situation, many users do not understand where exactly to turn. At the state level, the following recommendations are given:

If any controversial issues are resolved, then you can send the application for divorce to the magistrate's court. However, this is available only to those users who have fully understood all the complications associated with determining the place of residence of a minor citizen, child support obligations and the division of property values.
If some issues remain unresolved and it is not possible to reach a compromise on them, then the district court will deal with the divorce process.

The claim is filed depending on the place of residence of the defendant. However, if the plaintiff is unable to send a claim there because he lives with a minor who needs constant care, then he can send a petition based on his location.

Divorce procedure. How does divorce happen with children?

Divorce of spouses with minor children takes place with the active participation of the judiciary. First of all, the judge must determine whether there are prerequisites for a calm resolution of the situation and for reconciliation of the parties.

If it is impossible to prevent a divorce, then the court will undertake a thorough analysis of the key issues in this area:

determining the place where the child will live in the future;
consideration of the possibility of dividing children;
establishing a procedure for the participation of the second parent in all matters of their child, from financial support to educational issues;
alimony obligations. We are talking about determining the amount of monthly payments, and assigning the responsibility for paying financial support to the child to the parent who lives separately.

As practice demonstrates, the presence of controversial and unresolved issues significantly complicates the divorce process, and therefore the procedure for completing the procedure will be adjusted. Therefore, all issues that may lead to complications in the foreseeable future should be resolved as early as possible.

In general, regarding divorce through court with children, the termination procedure will take place in several steps:

Controversial issues should be resolved before filing a claim in court. If former spouses want to end their relationship as quickly as possible, they need to go to the Magistrates' Court. Then the procedure will happen more quickly.
The statement of claim must be registered with the secretariat, and taking into account the requirements of the law, it will be accepted or rejected.
If the spouses do not have any disagreements, they will be divorced at the first meeting. Otherwise, a date for a retrial will be set, which will take place 1-3 months later. This period is set to provide spouses with the opportunity to peacefully resolve their differences, or to reconcile and save the family.
After the court verdict is issued, its eligibility will be approved and established after 1 month. As soon as this deadline has arrived, after 3 days the registry office will receive an official extract from the court decision, on the basis of which the divorce in the presence of minor children will be registered. As soon as the registry office employees make adjustments to the registration books, each spouse will be given a certificate confirming the fact that the marriage is no longer relevant.

Preparation of a statement of claim. Sample

Like any document sent for examination to judicial authorities of various jurisdictions, the statement of claim must comply with all the requirements established at the highest state level. In particular, Article 131 of the Code of Civil Procedure of the Russian Federation puts forward rules for the text of the document, and any sample must contain the following information:

full name of the court receiving the paper for analysis, personal information of all parties to the process, including information about place of residence, registration, etc.;
documentation confirming the fact of official registration of the marriage relationship;
argumentation of circumstances that prevent the further existence of the family unit;
information about the presence of joint children who were under 18 years of age at the time of filing the claim;
providing your position on the issue of divorce proceedings. In particular, the applicant must indicate his wishes regarding the residence, upbringing and financial support of the minor after the dissolution of the marital relationship;
confirmation of your position by providing the necessary evidence confirming the legitimacy of the applicant’s claims;
wording to the court, which should begin with the word “Please,” a list of documentation provided along with the application.

What documents must be attached to the application?

Any petition sent to the court for examination must be supported by a certain package of documentation, which will act as confirming the facts of the plaintiff’s claims. Among the main documents for divorce in the presence of minor children that will be requested by the court are:

an official divorce application form, filled out taking into account all the requirements of the current legal framework. Please note that if there are any inconsistencies or violations, the claim will be rejected, and if false data is provided intentionally, then jurisdiction will not be long in coming;
original documents on marriage and birth of children;
a certificate of family composition, which confirms that the child lives with his parents. In addition, this document demonstrates that the father and mother fulfill their obligations regarding the financial support of the child;
receipt of payment of state duty.

All attached documentation must be submitted in 2 copies. One of the copies will be given to the defendant for review of the initiated legal process.

Considering the fact that the divorce process is characterized by its own subtleties and nuances, situations are acceptable when the court may require additional documentation. Therefore, this issue should be discussed in advance with representatives of the court, or with an experienced lawyer who will help you understand all the vicissitudes of the case and correctly identify the pitfalls.

Filing for divorce online

For users who are registered on the Gosuslugi portal, it is possible to file a petition for divorce using Internet technology online. All documentation that will serve as an attachment to the claim must be scanned.

Please note that having received a court decision and wishing to finalize the divorce, you will need to send a copy of it along with other documentation to the registry office via the Internet. This government service is guaranteed for all users with access to specialized portals. The portal will immediately offer several options for paying the fee, ranging from the use of electronic systems to bank accounts. And as soon as the fee is paid, the application will be submitted for consideration.

What is the state fee for divorce

The court will accept the application with all attachments only after the applicant provides a receipt for payment of the duty fee. Otherwise, the claim will not be accepted for consideration.

Regarding the amount, it is worth noting that The state duty is fixed, and for 2018 it is equal to 600 rubles. Sometimes the fee may be waived if the user falls into the category of beneficiaries.

Agreement on children in case of divorce

Many people do not understand how to file a divorce if there is a minor child. To make the divorce process easier for themselves, parents are advised to initially get rid of any disputes that may arise between them. Decisions made must be made in writing.

According to legal norms, formalizing a peace agreement is the most effective way to eliminate any contradictions and shortcomings. As a rule, it will contain key points relating to the interests of the minor child. We are talking about place of residence, alimony legal relations, etc.

The only nuance associated with the agreement is that it must, under any circumstances, contain a notary’s visa. As for its execution, there are no requirements here, and the text of the agreement can be constructed in any way.

Who will the child stay with after divorce?

In our country, there is a tradition that children are left to live permanently mainly with their mothers. However, some fathers do not agree with this position, and therefore through the court they prove their right to live with the child.

There is no single requirement regarding who the common child will stay with. The court will be forced to consider and analyze all circumstances that may play a decisive role in determining the child’s place of residence. In particular, we are talking about the material well-being of each of the parents, the proposed living conditions, moral qualities and the degree of attachment of the children to one of them.

Rules for divorce in the presence of minor children

One of the key priorities for the court is to maximize the protection of the interests of the child and prevent the deterioration of his financial situation. Thus, the dissolution of the family relationship will make the child a key figure whose interests will be analyzed first.

Taking into account this situation, a number of restrictions and features are established at the highest state level for various circumstances that arise when initiating divorce proceedings.

Divorce with a child under 1 year old

In this situation, the court will provide extremely effective protective mechanisms for the minor and his mother. If a pregnant woman does not give her consent to divorce, then the husband will have to wait until she gives birth and the baby celebrates 1 year. Here the requirement is put forward that for a specified period of time the husband is obliged to fully provide for his wife, since she, being in a position, does not have the opportunity to provide herself with a comfortable existence.

However, if the wife does not make any claims and agrees to the divorce, then no restrictions will be established. Here the state will perceive a woman’s desire to divorce as an expression of will, according to which she understands all the difficulties that she will encounter.

Please note that restrictions will be established exclusively for men. If the initiator of the divorce is a woman who has expressed a desire to end the marriage, she will be able to do this without much difficulty.

Divorce if there is a child under 3 years old

If there is a child who is under 3 years old at the time of filing the divorce application, certain restrictions will also apply. Thus, in this situation it will be extremely difficult to perform a unilateral divorce. But even here the process will have its own subtleties.

It will be possible to obtain a divorce with written consent from the second spouse. But provided that by the time the claim is sent to the court, he lives with the child and his mother. Otherwise, written consent will not be required.

In addition, the issue of financial support for minors deserves special attention. If the court grants the plaintiff’s request and breaks the family legal relationship, the spouse will be obliged to pay alimony not only to his child, but also to his mother. The legislator here indicates that the termination of payments in the name of the wife will be made when the child reaches the age of 3, after which she will be able to return from maternity leave, or until she is officially employed.

Divorce with two to three children

Despite the popular opinion that divorce with two or more children has its own difficulties, in fact the procedure will not differ in any way from a similar action with one child. Parents also have access to a peaceful settlement of all issues accompanying the procedure.

Some key issues affecting the interests of children must be separately addressed:

child support obligations. As you know, the amount of deductions will directly depend on how many children are being raised in the family. And a parent who lives separately will be required to pay larger amounts if there are 2 or more children, since the cost of providing for them should be the same;
children's section. Sometimes situations arise when children will be divided between parents. However, given that they must communicate with each other, it is necessary to determine a schedule of meetings, moments of communication and education of all children. We should also not forget that both parents should take an active part in the lives of their children, and therefore restrictions on communication or obstacles should not arise;
determination of the child’s place of residence, in which the court will take into account the financial situation of the father and mother, their living conditions, the relationship between the parent and the child, as well as the opinion of the minor himself, if he was 10 years old at the time of the divorce.

The issue of dividing children deserves special attention. The court will agree to such an operation only when the parents can guarantee that this decision will not violate the rights and interests of the child, and the minor will still be able to see, communicate with his brother (sister), and count on the support of both parents, both financially and morally.

Time limits for divorce with children through court

Many citizens wonder how long the divorce process will last if a married couple has a young child. It is impossible to answer this question unequivocally; everything will depend on many parameters that arise when initiating legal proceedings.

At the legislative level, deadlines are not approved, therefore we can talk about the speedy completion of the divorce only when the former spouses do not have any disagreements. As soon as the application for divorce is submitted to the court, the family is given 1 month to think about it. Within the specified period, a decision must be made whether they are ready to separate, or whether they will try to overcome their difficulties and save the family.

More often, a divorce can take from 2 to 6 months:

If the spouses’ intention to separate does not cause any resistance, and the decision is absolutely mutual, the court will conduct a divorce as soon as possible, 2 months. One month will be given to users as time for final discussions. If nothing changes their decision, and they still want to get a divorce, then at the end of this period a court hearing will be held at which the spouses will finally sever their family legal relationship. However, you will have to wait another 1 month until the court ruling comes into force. Upon reaching the time limit, within 3 days a copy of the court decision will be sent to the registry office, whose employees will carry out the divorce and also provide the relevant documents.
The procedure will take three months if there is no agreement between users regarding a further breakup, or they are discussing the possible preservation of the family and are not ready to give an irrevocable answer. Here, an additional period will be allocated for discussions and making a final decision, after which the process will proceed according to the approved order.
If there are a lot of unresolved disputes between users, for example, they cannot agree on how to distribute the values acquired over the years of a relationship, and cannot determine with whom the child will remain, then the divorce procedure can drag on for six months. During this time, the court will not only have to help find the right solutions regarding the complications that arise, but also analyze the personalities of the father and mother, in particular, their financial support, moral qualities, the children’s attachments to each parent, and much more. Only by taking into account all these parameters will the court make a decision that will be accepted by all parties to the proceedings.

Division of property during divorce if there are children

According to the general rules, all property of a married couple acquired during their relationship will be distributed between them in equal proportions. And even if they have a certain loan, the responsibility for repaying it will be divided equally.

However, at some points the court may increase or decrease the share of each parent. As an example, we can cite the moment when the mortgage was issued to both spouses, but only one of them made payments. Then his share of housing will be reduced.

Any divorce process is an extremely unpleasant event, accompanied by stress and negative emotions, as well as a lot of wasted time and effort. And in a divorce if there are minor children, even more difficulties arise.

This procedure is considered one of the most difficult options for dissolving a marriage. After all, the situation here is accompanied by the possibility of violating the legal rights and interests of a minor citizen.

To avoid such precedents, divorce if a couple has common children is often carried out in court.

Where can you get a divorce if you have children?

Contrary to popular belief, divorce by two spouses is possible through the registry office, and not through the courts, even if they have a common minor child. According to Article 19 of the Family Code of the Russian Federation, divorce of spouses who have common minor children is possible through the civil registry office in the following situations:

if one of the partners is officially declared incompetent;
if one of the partners is considered missing;
or if one of the spouses is sentenced to imprisonment for a term of 3 years or more.

In addition to this, there are two more options where you can go to get a divorce if you have a baby:

file an application for divorce with the registry office if the child you and your partner have is not yours;
file a claim in the magistrate or district court at your place of residence.

In other situations, divorce in the presence of minor offspring is carried out only in court.

In what situations should I go to the World Court?

Dissolution of a marriage union through the specified body is carried out with the mutual consent of the parents of a minor child, that is, they managed to independently agree on issues related to the division of property, and its value does not exceed the amount of 50,000 rubles. However, it is possible to submit an application and it will be accepted even if one of the spouses does not agree.

In such situations, the court determines which partner the child will live with, who will pay alimony and how, that is, the interests of the minor citizen are taken into account first.

When to apply to the District Court for a divorce?

If the parents of common or jointly adopted minor children were unable to come to a decision satisfying both parties regarding the division of property in excess of 50 thousand rubles, and also decide with whom their child will live, then the District Court will issue a verdict.

It is worth noting that if one of the partners opposes the divorce or there is no clear firmness of intentions of the spouses to dissolve the marriage, then the judicial authority has the right to use the period for the possibility of reconciliation. This opportunity is often used when a claim is made by one of the spouses who has minor children, without the consent of the other parent.

Who will get the children after divorce?

The next question that worries all couples who want to divorce is: who will the minor children stay with? As mentioned above, such disputes are resolved through the district court. And since he will need to take into account the interests of both parties, and most importantly, protect the rights of a minor child, then first, after considering the case, they use the opportunity of conciliation time (usually this lasts no more than a month). But if both parents are not against the divorce, then the court immediately makes a decision.

Often children under 10 years of age are left to live with their mother. But the court may decide to leave the baby with the father if it is proven that she is not able to provide the minor offspring with all the necessary conditions for life.

Also, when considering complex cases, the court has the right to invite representatives of the guardianship authority to the hearing to provide advice.

The following criteria exist for determining with whom minor children will remain after a spouse’s divorce:

The child’s own opinion is taken into account. Facts are also taken into account: who he loves more, who his brothers and sisters want to stay with, whether any of his parents offended him, whose relatives (father or mother) he loves more, and others. However, the opinion of minor children who have reached the age of 10 is taken into account.
The opinion of each partner and the desire to stay with minor children. Is the parent really psychologically and physically ready to live permanently with the baby, including whether the age and state of health will allow it, and whether the offspring applying for upbringing has any dependencies.
The financial condition of each parent of a minor child is assessed. It is taken into account who has more opportunities to provide a high standard of living, provide a good education, and satisfy all the needs of the child, including those of a social nature.
Other relevant circumstances, depending on the specific case.

If, during a divorce, the spouses were unable to independently resolve the issues of dividing assets and real estate and, of course, the amount of alimony, then the court itself will make a verdict in this direction.

When can't a marriage be dissolved?

It is impossible to file a claim for divorce if you have minor children under the age of 1 year without the consent of the second parent or if the wife is pregnant.

If your wife also wants to get a divorce, then you can save time by drawing up an agreement where you determine who the baby will live with, how you will divide the property and agree on the amount and method of paying alimony after the divorce. And immediately after the birth of the baby, you can get a divorce.

If it is not possible to reach a consensus on these issues, then the spouse has the right to refuse divorce, and then it will be necessary to wait until the baby reaches 1 year of age. After this, the wife’s consent is no longer needed to file for divorce.

How to file for divorce if you have children under 3 years old?

There is a widespread belief that you cannot file for divorce during this period without the consent of your partner. However, this opinion is erroneous. In this situation, the judicial organization may make the following decisions:

conciliation period, but not more than 1 month;
denial of the claim if the documents were incorrectly drawn up or other legal requirements were violated;
refusal to divorce if minor children are under 1 year of age, or the wife is pregnant and does not agree to divorce.

In addition to the listed situations, you will not receive a refusal of divorce. However, it is worth considering that, according to Article 89 of the Family Code, if you divorce your wife and have minor offspring aged 1 to 3 years, you will have to pay alimony not only for the child, but also for the spouse.

What documents are needed to file a claim for divorce?

When applying to a judicial authority and having minor children, it is necessary to prepare a package of the following documents:

receipt of payment of state duty;
claim for divorce;
document confirming the identity of the plaintiff;
original marriage certificate;
documents on the birth of joint minor children;
consent of the second parent to dissolve the marriage, certified by a notary.

How long does a divorce take when there are minor children?

There are no clear deadlines established by law. However, if the divorce process occurs with the consent of both parties and a unanimous decision in all matters, then the procedure usually does not take more than a month.

But in other situations, the divorce may drag on, for example, if some other lawsuits are filed regarding issues related to the division of property, payment of alimony or other problems. Then the process can last from several months to several years. But the standard time for divorce is 1, maximum 2 months.

How does the divorce process work?

After considering the case, the judicial authority makes a decision, and if the claim is satisfied, it enters into legal force within 10 calendar days. This time is given so that the partners can, if they change their minds, file a claim for cancellation. If this does not happen, then the court decision is sent to the registry office, where, based on the documents received, a divorce certificate will be prepared. You can pick up the document at the registry office at your place of residence.

Life develops differently for everyone. People meet, fall in love, create families, have beautiful weddings. Happy newlyweds make promises to be each other's hope and support until the end of their days. It seems that this love will never end.

But, unfortunately, too often when faced with the routine of family worries and problems, feelings subside and are replaced, at best, by indifference. Even children who appear cannot keep such a couple from being together. Some couples still try for some time to create a kind of well-being in the family, so to speak, for the sake of the child. But this is achieved with difficulty for a fairly short period of time.

And there comes a moment when the parents realize that they can no longer live together and

Normative base

The Family Code of the Russian Federation regulates all legal relations arising in marital relations.

The fourth chapter of the RF IC considers on a legislative basis all the rights and controversial situations that arise when people decide to divorce.

The first paragraph of Article 21 of the RF IC determines that if a couple who wants to separate has children who have not reached the age of majority, divorce is possible only through court.

The exception is the situations provided for in paragraph 2 of Art. 19, when it is possible to officially terminate a marriage through the registry office, even if at the time of its termination the children are under 18 years of age.

This is possible if one of the spouses:

had previously been declared missing by the court;
is serving a sentence for a crime in prison for more than three years;
incapacitated.

Article 17 of the RF IC protects the rights of the expectant mother.

The legislator does not allow a spouse to initiate divorce if the wife is expecting a child or the already born child is under one year old.

In the event of a divorce, the claims made by one of the married couple must comply with the standards 131 articles of the Code of Civil Procedure Russian Federation.

Payment of state fees when filing an application for divorce obligatory and on the basis of paragraph 5 of Article 333.19 of the Tax Code of the Russian Federation.

Where to file for divorce

If the decision of the spouses to separate is mutual, the easiest way is to formalize the divorce by submitting an application to the registry office and receiving a certificate of divorce within a month.

But this is only possible when there are no children, or the children are old enough, they are 18 years old.

Even if one of them cannot be present in person, it is acceptable to provide a notarized statement that he does not object to the divorce.

But, there are situations when, if one of the parties wants to end the marriage, the other party hopes to restore normal relations, or there are property claims that have not been resolved peacefully.

In this case, the case of divorce, as well as in the presence of minor children, is heard through the court.

It is important to take into account that children, even if adopted by both spouses, or by the husband, for example, the wife’s own child, the divorce case can only be heard through the court.

It does not matter here whether both spouses want to dissolve the marriage, or whether one of them objects.

The statement of claim is usually filed by the plaintiff at the place of residence of the defendant.

But, if the plaintiff lives with a minor child quite far from the plaintiff, or for health reasons, it is allowed file a claim in your area of residence.

If there are no property disputes and children for whom alimony must be collected until adulthood, and the issue of their place of residence must be resolved, you can contact to the magistrate's court.

If there are children and the amount of claims exceeds fifty thousand rubles, issues of division of property, resolution of these issues within the jurisdiction of the district court.

The procedure for divorce through court

One of the spouses can file a claim for divorce.

To ensure that the case is not delayed due to insufficiently submitted documents, this issue should be treated quite scrupulously.

You may want to consult with an attorney who is an expert in divorce litigation.

If funds allow, it is better to entrust him with the management of the case, giving him a power of attorney to represent your interests in court.

This will save you from several visits to at least court hearings, meetings with your former significant other, especially if, after divorcing, friendly relations were not preserved, but there are only complaints to each other.

The lawyer will also help you collect the entire package of necessary documents, while drawing up a statement of claim.

If your financial situation does not allow you to hire an experienced lawyer, you can draw up a statement of claim yourself using a sample.

How to prepare a statement of claim

Here is an algorithm for filing a claim.

As all documents of this kind begin with the design in the upper right corner of the so-called “header”.

You must specify:

the name of the court to which you are applying;
details of the plaintiff (that is, the applicant who submits the application itself).

Indicate passport details, home address and contact telephone number;

details of the defendant (with whom you want to file a divorce).

Likewise, all personal data is indicated.

the amount of the claim (if, in addition to the divorce, there are property claims against the defendant).

When indicating a certain amount of claims, it is important to remember that it must be documented.

In the middle of the new line, write the name of your appeal. In this case, this is a “statement of claim”.
Having retreated a line, move on to the text part, stating the essence of the issue in essence.

Usually the date, month, year when they entered into a registered marriage with a citizen, surname, name, patronymic of the spouse, year of birth are indicated.

If you have children together, you need to write about this, not forgetting their dates of birth.

In general terms, since the very reason why you are getting divorced is, by and large, of no interest to anyone, you can ask the court to break off the marriage relationship, since you do not see any prospects for further family relationships.

In the case where there are minor children, it is best to stipulate the moment with whom they will live after the divorce and the amount of monthly alimony for their maintenance from the defendant if the children remain with you.

Here in the application you can ask the court to make a decision on the division of jointly acquired property.

Having outlined all your requirements, indicate in the appendix the list of documents that you are submitting to be able to consider the case on its merits.
Like all statements, the claim will not be an exception; you end by indicating the date and personal signature.

If necessary, you can apply to request some documents, if you need them to prove your claims, and the authorities do not hand them over to you, and to call witnesses.

Documents that must be attached to the statement of claim

List of required documents:

A copy of the claim.
Copy of the passport.
A copy of the marriage certificate.
Copies of children's birth certificates.
Certificate from the Housing Office about family composition.
Receipt for payment of state duty.
A certificate of your own and the defendant’s income for the purpose of alimony and deciding the issue of with whom the child will live after the divorce.
If there is a marriage contract, a copy of it.
In the case where a voluntary agreement has been concluded with the spouse on the allocation of financial support for the child until he turns eighteen years old, certified by a notary, you need to make a copy of this agreement.
And other documents, individually from the claims, may be needed during the hearing of the case.

Trial

You will not receive a divorce at the first court hearing, even if both parties agree to end the marriage.

At the preliminary hearing, the court will review the documents and allow the parties to express their views on the divorce issue.

A certain period is assigned, at the discretion of the judge or at the request of one of the spouses who believes that the marriage can be saved, in order to restore the family.

If during this time the spouses have reconciled and changed their minds about getting a divorce, it is better to notify the court about this themselves and pick up the documents.

But even if they simply do not appear at the next court hearing, no one will divorce them without their presence, the next hearing will be scheduled.

A similar process occurs if one of the spouses does not appear in court.

If they provide documents about a valid reason for absence, the hearing will be rescheduled.

If nothing confirms that there really were significant circumstances due to which he could not appear at the meeting, the divorce may occur in his absence.

After 10 days, if none of the spouses appeals the court decision, it can be taken for presentation to the registry office and completion of the divorce process, with the receipt of the appropriate certificate.

Nuances of divorce proceedings in the presence of children

As we have already mentioned, family law prohibits a spouse from filing for divorce if the wife is pregnant or is on maternity leave to care for a joint child who is not yet one year old.

However, no one forbids a woman to initiate a divorce at the same time.

It is worth paying attention to two points:

If a family breaks up at the time when a young child under three years of age remains, the woman has the right to alimony as for a child, due to forced circumstances due to which she is not able to temporarily work.
Adults who decide to separate if there is a child growing up in the family who is 14-17 years old at the time of the divorce should think about what kind of psychological trauma can be caused at this transitional age, when the child perceives everything around him much more acutely than a very young or already matured person.

Price

The amount of state duty that must be paid in 2016 when filing an application for divorce is quite small and is 400 rubles. However, it should be borne in mind that there are a lot of nuances when calculating the state duty, depending on the situation and place of application. More details - .

Quick divorce with a child

Irina Makedonskaya shares instructions for the most painless and time-saving divorce in the presence of minor children.

The presence of a minor child in the family is not an obstacle to filing. However, for such cases, a special procedure is provided, according to which a divorce is filed if there is a child. How to get a divorce quickly, and what documents you will need, read in this material.

Is it possible to get a divorce in the registry office?

The standard procedure involves a divorce between a wife and husband with a common child in court. That is, in accordance with the general rule, there is no way to get a divorce except through the court. However, this rule provides for a number of exceptions. Registration of a divorce in the registry office is allowed if one of the spouses:

declared missing. This fact can be established in court if a citizen is absent from his place of residence for more than 1 year, and his location cannot be established;
is serving a sentence of imprisonment for more than three years;
declared legally incompetent.

To get a divorce, you must fill out an application in the prescribed form. In addition, the following documents are needed: passport, marriage certificate, and a receipt confirming payment of the mandatory fee.

Circumstances that allow a divorce if there is a child will have to be proven by providing the relevant documents. To do this, you will need a copy of the court decision or sentence confirming the above facts.

When applying to the registry office, the divorce is formalized after a month has passed from the date of acceptance of the application. If during this time the second spouse shows up, is released from prison or is declared legally competent, the divorce will not be filed. Then the only way to get a divorce is through the courts.

How to file a divorce in court if you have children?

Divorce in such a situation can be done on the initiative of the wife or husband, even if there is no consent of one of the spouses. True, there is 1 exception to this rule, concerning families with a child under one year old, but it will be discussed later.

Please note that this procedure applies only in cases where the children are common. That is, if, for example, a child was born before marriage, and the father was not indicated on the birth certificate, you can get a divorce through the registry office. One more point - biological relationship with children in this context does not matter. If the child was adopted, the divorce is carried out in court.

Which courts should I go to?

The divorce is filed in the district or magistrate court. To understand where exactly to turn, you need to decide whether there is a dispute between the spouses about children. Documents should be submitted to the magistrate's court only when there is no disagreement on the issue. However, if it is not possible to reach an amicable agreement on who the child will stay with, then the claim for divorce must be filed in the district court.

How to file a claim?

So, you already know where to file a claim for divorce, you can move on to the next point of the instructions on how to get a divorce if you have a child - preparing a statement of claim. The document must contain the following information:

name of the court;
details of the spouses: full name, place of residence.
a brief summary of the matter. This part usually lists the main facts: marriage, birth of children, the plaintiff’s will to divorce;
a listing of controversial issues in the case regarding children or joint property, if any, and the rationale for the plaintiff’s position on these issues;
the pleading part of the divorce petition. Here you state the demands for which you are actually going to court. The first point, of course, indicates your intention to divorce. Next, you can submit several requests at once: to divide property, determine the place of residence and the procedure for communicating with the child, and establish the amount of alimony payments. By the way, the statute of limitations for disputes related to the division of property after a divorce is 3 years, so it is better to immediately include this requirement in the claim, even if this issue does not seem relevant.

A statement of claim for divorce must be submitted accompanied by the following documents:

marriage certificate (copy);
payment document confirming payment of the duty;
children's birth certificate (copy);

If you have drawn up an agreement on determining the place of residence of the children, this can also be attached. If you make a claim for division of property, make a list of things to be divided. Title documents may be required. Remember that if there is a dispute in a divorce case, all the arguments you make in court require evidence.

How to file a claim for divorce?

The established divorce procedure requires preparing and submitting an application and accompanying documents in two copies. One is intended for the court, the second for the defendant. Both are signed by the plaintiff. If you forget to add your signature, the claim will be left without progress until the defect is corrected, and then you won’t be able to get a divorce quickly. You can submit documents in person, by coming to the court office, or through a representative with a notarized power of attorney. It is also possible to send a divorce application by registered mail.

After the divorce claim is accepted, a preliminary conversation is scheduled for consideration. It decides whether the evidence presented is sufficient to obtain a divorce, divide property, and determine the child’s place of residence. You have the right to challenge the judge or court clerk or file a petition, for example, to request evidence that you cannot obtain on your own. This document specifies what evidence is needed, how it will help resolve the case, and where it is located.

Next, a court hearing is scheduled at which the case of intent to divorce is considered on its merits. The plaintiff and defendant are invited to provide explanations, present evidence, and, if necessary, interview witnesses. Children may be involved in divorce proceedings. When all the issues have been clarified, the court will retire to the deliberation room. After studying the parties' arguments and evidence, a decision is made whether the spouses can divorce now, or whether they will be given a period for reconciliation.

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

In order to get a divorce quickly and solve all related problems, you should prepare thoroughly for the trial. If there is a dispute between a wife and husband about children, the distribution of property, or the assignment of alimony payments, strong evidence is needed to defend their position. The following can be used as such:

Documentation. Must be in original or notarized copies.
Audio-video recordings.
Witness's testimonies.
Expert opinions. If an examination is required, a corresponding petition must be submitted to the court.

When resolving the issue of determining the place of residence of children after a divorce, a number of circumstances are taken into account: the age and opinion of the child, the degree of his attachment to one of the parents, financial situation, as well as the moral qualities of the wife and husband. The court takes into account the opinion of children over 10 years of age.

What decisions can the court make?

If both spouses agree to divorce, the court will most likely grant this request. Next, based on the court decision, a corresponding note will be made in the civil registration book. When a husband or wife opposes divorce, judges often issue a ruling to set a period for reconciliation, which does not exceed 3 months. After this period, you can finally get a divorce. There is a third option - refusal to satisfy claims for divorce in whole or in part. In this case, you can file an appeal.

Is it possible to get a divorce if there is a child under 1 year old?

There is one circumstance that can interfere with the husband’s plans to divorce: the presence in the family of a common child under the age of 1 year. This does not mean that divorce is not possible at all, but the court will refuse such claims only if there is no consent of the wife. During this period, the law allows divorce only on the initiative of the young mother, and the new father will have to either come to an agreement with his failed life partner or wait until the baby’s first birthday. Ultimately, after a year has passed, you may change your mind about getting a divorce. By the way, the fact that the wife is pregnant can also be a reason for refusing to satisfy demands for divorce.

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