How to get a divorce with a child. Dissolution of marriage in the presence of minor children: features of the procedure, documents, terms. Determining jurisdiction and filing a claim

The procedure for the termination of marital relations in 2019, if minor children are brought up in the family, has remained the same.

Often such divorce proceedings very difficult and lengthy. In order to save the family from disintegration and protect the guaranteed rights and interests of children, the law establishes the consideration of these disputes. With the exception of certain situations where divorce can be unilaterally through the registry office(for example, if one of the spouses is incapacitated or is serving a sentence in prison).

So, if the husband and wife (or one of them) decided to divorce, and disagreements arose between them about the place of residence of the children or the procedure for meeting with them of the separately living parent, the court will first of all take all possible measures to reconcile the spouses in order to the child grew up and was brought up in a complete family.

If the spouses do not want to reconcile, the court, taking into account all significant factors, will determine which of the former spouses the child will live with, set the exact time of the meetings, and also determine the amount and procedure for paying alimony for his maintenance.

How to get a divorce if you have children

According to paragraph 1 of Art. 21 of the Family Code of the Russian Federation, if the spouses have common minor children, the marriage between them is dissolved V judicial order .

In exceptional cases, provided for in Article 20 of the Family Code, even if the spouses have minor children, stop family relationships possible by submitting a unilateral application to the authority MARRIAGE REGISTRY. Thus, the law allows one of the spouses to apply for the termination of marriage to the registry office if the other spouse:

• recognized by the court as missing;
• incapacitated (this fact is established by a court decision);
• is serving a sentence for committing a crime with a term of imprisonment of more than 3 years.

After 30 days from the date of submission of said application the registry office will dissolve the marriage and will issue. In such a case, the marriage is terminated upon making an appropriate entry in the register of acts of civil status.

It is also worth noting that the law prohibits a husband from filing for divorce. during the wife's pregnancy And until the child is 1 year old. In such cases, the marriage union can be terminated if the wife initiates the divorce.

In the absence of grounds for , the issue will be resolved only judicially. The marriage is considered annulled after the entry into force of the judgment. On the basis of a court decision, former spouses should apply to the registry office for a certificate of dissolution of the marriage union and amendments to the information about marital status in passports. There are no time limits for such an appeal.

Where to file for divorce

When state registration of the termination of marriage in the registry office, the application is submitted:

• at the place of residence of the applicant;
• place of marriage.

You can contact the registry office in one of the following ways:

• personally;

When applying unilaterally, the applicant must pay state duty in the amount of 350 rubles.

In the event that there are no grounds for filing an application for divorce with the registry office, it is necessary to determine which court you should apply to. This can be done using the rules jurisdiction(determining the court in a certain territory in which to file a claim) and jurisdiction(definition of the judicial body that will consider the dispute), which are discussed below.

• If a husband and wife no dispute about children, then the case is considered justice of the peace.
• If there is a dispute about children(disagreements about the place of residence, about the order of communication), then the case is considered only in district court.

Once the judicial body to which to apply is determined, it is necessary to establish a specific court on a territorial basis.

As a general rule, between spouses who have common minor children, it is filed with the court place of residence of the respondent.

It is important to know that the courts interpret the law in such a way that the place of residence of a citizen coincides with the place of registration. Those. the actual residence (permanent or temporary) of a person is determined by his registration at the specified address, in other words, he must be “registered” there.

In some cases, one of the spouses has the right to choose the court in which to apply for a divorce at your discretion. Yes, the plaintiff can sue at your place of residence in cases where:

• the lawsuit also contains a request for;
• children under the age of 18 live with him;
• due to health reasons, it is difficult for the plaintiff to get to the place of residence of the defendant.

There are situations when the plaintiff does not know where exactly the spouse currently lives, or he. In such cases, the application may be submitted to the court the location of the defendant's property or according to his last known place of residence in our country.

If the petition for divorce requires on the division of real estate, the application is submitted exclusively at the place of its location. But it should be noted that there is a legal position according to which, upon dissolution of a marriage, at the request of the spouses or one of them, the court must divide the jointly acquired property, including real estate, regardless of their location, i.e. according to the general rules of jurisdiction.

Divorce Documents with Minor Children

Plastic bag required documents will differ depending on where you apply for a divorce. So, let's consider this issue in more detail.

In the presence of circumstances established by law, applying to the registry office for divorce, you must submit the following documents:

• application for divorce unilaterally;
• applicant's passport;
• marriage certificate;
• receipt of payment of state duty;
• decision/judgment of the court to recognize the spouse as missing, incapacitated or sentenced to imprisonment for at least 3 years (copy);
• power of attorney (for the guardian of the incapacitated spouse).

A standard form of application for divorce can be found on the official website of the registry office.

When referring to justice of the peace When applying for a divorce, the following documents must be attached to the statement of claim:

For divorce in the district court you need to prepare the following documents:

• the statement of claim and its copies according to the number of parties involved in the case;
• birth certificate of the child/children (copies in 2 copies);
• marriage certificate (original and copy);
• documents confirming the existence and value of jointly acquired property (if there is a requirement to divide it).
• certificates of income of spouses;
• receipt for payment of state duty.

In addition, the spouses may present to the court what they have achieved agreement on the procedure for the maintenance and upbringing of children certified by a notary. If there is no agreement, or the agreement violates the interests of the children, be prepared to submit other documents at the request of the court to resolve this issue in court (for example, characteristics for parents, documents confirming the financial and marital status of each of the parents).

The procedure for dissolution of marriage through the court with children

The procedure for dissolution of marriage in the presence of minor children through the court lasts at least a month from the date of filing an application for divorce and consists of several stages.

1. Preparation and submission of a statement of claim to the court.
   After you have determined which court you should apply to for the dissolution of your marriage, you need to write a claim. A sample application and a list of required documents can be found in court or on its official website in the "Sample Applications" section. You can also use the services of a lawyer to competently draw up a claim. It should be noted that for these categories of cases, in the claim, in addition to the information provided for by law, it is mandatory to indicate the following:
   • data of both spouses, their minor children;
   • reasons for termination of marriage;
   • information about the agreement between the husband and wife on the maintenance and upbringing of the child, or an indication of the absence of such an agreement;
   • information about jointly acquired property (upon presentation of requirements for its division).

   You can file a claim in several ways to choose from: through the court office, send it by registered mail with acknowledgment of receipt. If there are no grounds for refusing to accept the claim, its return or transfer to eliminate deficiencies in it, the court within 5 days accepts the application for proceedings and initiates a divorce case.

2. Preparing a case for trial.
   At this stage, the court, if one of the spouses does not agree to a divorce, takes measures to save the family, setting a period of up to 3 months for this.

   For example, in a review judicial practice on divorce cases of the court district of the Orenburg region, the following statistics are given: for 9 months of 2018, the justice of the peace considered 26 divorce cases, of which 9 cases were closed due to the reconciliation of the spouses, thus, 9 families with minor children were saved.

   In addition, the court asks the parties for the missing documents, decides on the involvement of third parties to participate in the case (for example, guardianship authorities in order to take into account their opinion when deciding on the place of residence of the child).

3. Trial.
   At this stage, the court examines the agreement on children submitted by the spouses. In the event that this agreement violates the interests of the children or one of the spouses, or an agreement is not reached, the court, at its discretion, determines with whom their common children will live (taking into account the opinion of children who are already 10 years old), will oblige to pay alimony . And also, at the request of the spouses (one of them), a division of joint property is made.
4. The court's decision.
   The court decides on a divorce if:
   • both spouses who have common minor children agree to the dissolution of the marriage;
   • measures to preserve the family did not affect the decision of the spouses (one of them) to dissolve the marriage;
   • the defendant deliberately does not appear at the court session (as practice shows, three times of failure to appear is enough to issue an absentee decision on the dissolution of the marriage).

   Judgment enters into force within 30 days from the moment the decision is made in the final form, after which, within 3 days, the court sends an extract from it to the registry office at the place of marriage.

State duty for divorce in court in 2019

For several years now, the media have been reporting information about a possible increase in the state fee for registering a divorce up to 30 thousand rubles. This initiative belongs to the Prime Minister of our country D.A. Medvedev and aims to reduce the number of divorces. Since it is assumed that such an impressive amount of the fee will serve as a deterrent in resolving the issue of divorce.

However, such a proposal has not yet found support in the legislative authorities and remains under discussion, therefore, 2019 did not bring any changes to the provisions of the Tax Code on the amount of state duty for divorce in the presence of children in the family.

So, if you applied to the court for a divorce, need to pay a fee 600 rub. A receipt for payment of the fee can be obtained from the office of the court in which the claim is filed. In addition, information on payment details can be found independently on the official website of the relevant court in the "Reference Information" section.

Often applicants have a question, in what amount to pay the state duty, If in addition to a request for divorce, the lawsuit contains a requirement on the recovery of alimony(including the applicant), and also decides the question of the division of the common property of the spouses.

• In the first case, the state duty will also be 600 rub. In addition, when making a decision on the recovery of alimony, the court collects from the defendant a state duty in the amount of 150 rub. (300 rub., if alimony is also collected on the plaintiff), from the payment of which the plaintiff is exempt.
• In the event of a combination in the subject matter of the request for divorce and the division of joint property, concurrent payment are subject to:
  • divorce fee(600 rubles);
  • state duty calculated in accordance with the rules of the Tax Code (clause 1 clause 1 article 333.19 of the Tax Code of the Russian Federation), based on the total value of the divisible property, but not less than 400 rubles. And no more than 60,000 rubles.

  Example. Citizen V. filed a claim with the court for a divorce from citizen V., the recovery of alimony from him for the maintenance of their minor daughter and the division of common property. According to the presented inventory of property, its estimated value amounted to 132 thousand rubles. The plaintiff paid the state duty in the amount of 4440 rubles, the amount of which is calculated as follows: 600 rubles. (for divorce) + 3840 rubles. (3,200 rubles (mandatory amount for a claim value of 100,001 rubles) + 640 rubles (2% of the amount exceeding 100,000 rubles). The plaintiff is released from paying the state duty for claiming alimony.

The law provides benefits to disabled people of groups I and II, exempting this category of plaintiffs from paying state duty.

For the issuance of a certificate of termination marriage union, which is issued by the registry office on the basis of a court decision, each of the former spouses must pay state duty at the rate of 650 rub., payment is made according to the details of the registry office to which you apply. From January 1, 2017, when submitting an application through the State Services and transferring the state duty amount by bank transfer, it is subject to a 30% discount, so the state duty will be 455 rub. Such a discount is valid until January 1, 2021 (Article 4 of Federal Law No. 424-FZ of November 27, 2018).

Quite often, citizens think about how to file for divorce if they have a child. This is not such an easy task as it seems at first glance. Especially if you misbehave. After all, the usual procedure for the dissolution of marital relations under such circumstances will be irrelevant. We'll have to act differently. Below we will consider all possible scenarios. And every modern person can easily break up with his partner, even if he has children.

Termination methods

How to file for divorce if you have children? A similar question arises in most modern couples. After all, husband and wife will also be bound by parental obligations. actively protected by the state. And therefore, running away after replenishment in the family is not as easy as it seems.

At the moment, divorce can be:

• unilateral;
• mutual.

It is carried out:

• through the court
• by contacting the registry office.

The algorithm of actions will directly depend on the situation. It can be immediately noted that divorce through registry offices almost never occurs. Except as an exception. We will talk about them later. First, let's get acquainted with more familiar situations.

Where to apply

Where to file for divorce if you have children? There are several options for the development of events. Almost always the family needs to go to court. But in which one?

In the world - if there are no disputes about alimony and determining the place of residence of children, in the district - if there are any disagreements between the spouses.

It is the second option that occurs most often. For example, if a divorce is carried out with the appointment of alimony and a decision regarding the place of residence of minor children.

Important: it is advisable to apply to the judicial authority at the place of residence of the defendant. But if nothing is known about him, the plaintiff can go with a petition to the court at his own place of residence.

Walkthrough

How to file for divorce if you have children? Consider a brief algorithm of actions for the implementation of the task. With timely preparation, there should be no problems with the operation.

The divorce guidelines are as follows:

1. File a divorce suit. We'll talk about how to do this later.
2. Form a package of documents necessary for the successful consideration of the case. We will also get acquainted with the components not now.
3. File a petition for divorce.
4. Participate in a court hearing and obtain a court order.
5. Pay the state fee for the procedure.
6. Apply with certain documents to the registry office to register a divorce.

It is done. It remains only to wait for the certificate of the established form to be ready. It is usually issued in as soon as possible.

Resolving disputes about children

We figured out where to file for divorce if you have a child. According to the instructions described earlier, we can say that this is far from the most difficult task. But in real life, everything is much more difficult.

For example, spouses often face disputes over alimony and the determination of the place of residence of children. And that's without taking into account property claims.

According to the law, the child after the divorce of the parents will remain in full with their rights. Mom and dad are still required to educate, provide for and care for minors. And the determination of the place of residence occurs either peacefully or by a court decision.

Important: the judiciary evaluates the pros and cons of children living with one parent or another. In Russia, most often minors are left to live with their mothers. Fathers in this case pay child support.

Peaceful agreement

It will be easier to apply for a divorce if there are children, provided that the spouse agrees to amicably resolve issues with alimony and the place of residence of minors. This is where the alimony agreement and the peace treaty come to the rescue.

Papers are drawn up both at the notary (in advance) and during the trial. It is better to choose the first option for the development of events.

Under such circumstances, the conclusion of the contract will provide for:

1. Drawing up an agreement that specifies the procedure for communicating with the child and his place of residence.
2. Collection of relevant documentation.
3. Appeal to the notary and signing the contract of the established form.

Similarly, alimony agreement is concluded. It is also better to arrange it in advance. Then you can go to the magistrate's court and quickly disperse with your spouse.

Documents for agreements

How to get a divorce if you have a child? We have already met with possible situations. Now it remains to consider the features of each scenario.

When drawing up a peace agreement on determining the place of residence of children, as well as on alimony, citizens are required to:

• passports;
• information about the composition of the family;
• extracts from the USRN for housing in which children are planned to live;
• marriage/divorce certificate.

If paternity is not established, for alimony, you will have to be puzzled by its definition. Usually the process is carried out through the court.

Contracts are drawn up in the presence of a notary or directly during the court. It is better to use the first scenario.

References to the court

Where to file for divorce if you have a child? Usually the operation is carried out through a judicial authority.

Suppose that there are no peace and alimony agreements. Then you need to bring to court:

• statement of claim;
• information about the composition of the family;
• parties' passports;
• Marriage certificate;
• birth certificates of all children;
• information about the defendant's income;
• extracts from medical institutions on the state of health of each of the parties;
• certificates of rights to real estate (housing).

In addition, sometimes it may come in handy:

• certificates of pregnancy;
• witness's testimonies;
• any materials (including photos, videos and correspondence) indicating neglect of the RF IC and obligations in the family;
• characteristics from the place of study or work;
• Defendant's income statement.

That's all. The listed list of papers will help immediately resolve issues related to divorce, and determine the place of residence of children, and assign alimony.

With peace agreements

Where to file for divorce if you have children? The answer to this question will no longer cause any trouble. Citizens will be able to cope with the task without much difficulty. Especially if they discussed in advance the procedure for paying alimony and decided with whom the children would live.

In the presence of amicable agreements, the applicant will need to terminate the marriage:

• passport;
• receipt with paid duty;
• peace agreements of one kind or another;
• birth certificates of all children;
• marriage certificate.

In fact, this is the easiest way. It eliminates the long wait and litigation. If there are, it is also recommended to decide in advance. For example, through a marriage agreement or a peace treaty.

Unilateral order

It's not that hard to file for divorce if you have children. But it can be problematic to get one or another decision from the judiciary.

As we have already said, marriage can be terminated unilaterally. There is no prohibition on divorce without the consent of the spouse. Marriage and its dissolution is voluntary.

Unilaterally divorced in court if:

• one of the parties cannot personally participate in the process;
• in case of divorce during the pregnancy of the spouse or earlier than a year after childbirth;
• the defendant deliberately avoids visits to court (after three failures to appear, citizens are bred).

The registry office can terminate the marriage unilaterally:

• in the presence of a court decision;
• if the spouse was "imprisoned" for 3 or more years;
• at the death of a spouse or after the recognition thereof as dead.

Where to file for divorce if you have children? We have fully understood this issue. With the right actions, the operation will not cause much trouble. In particular, if citizens can resolve disputes peacefully.

adult children

And how to get a divorce if there are children who have reached the age of majority?

Under such circumstances, the husband or wife can apply to the registry office or to the court. In the first case, there are no disputes and joint property. Judicial authorities help to divorce if there are problems with the division of property. Or when one of the spouses does not agree with the situation.

Important: the process of dissolution of marriage in the presence of adult capable children is carried out in the same way as in the case of the absence of a common offspring of the couple.

Terms of service provision

How to file for divorce if you have children, we found out. And how long to wait for the implementation of the task?

An application in court for the dissolution of marriage is considered for 1 month. After that, a meeting is scheduled. For reconciliation, the couple is allocated from 2 to 6 months, sometimes more.

If we consider the procedure for divorce through the registry office, you can focus on the following data:

• registration of a certificate of divorce in the presence of a court order - 3-7 days;
• consideration of the application for divorce - 30 days.

In real life, litigation takes a lot of time. But if the spouses have entered into a marriage contract in advance and drawn up peace / alimony agreements, you can reduce the divorce period to 3 months.

Restrictions

It is not always possible to file for divorce if there are minor children. Certain restrictions apply by law.

For example, a husband cannot terminate a marriage while his wife is pregnant. A woman in position is able to divorce at any time. She does not need her husband's consent for this. You just need to apply to the court with the appropriate petition.

After childbirth, the husband also cannot leave the family. He will have to wait at least a year. At this time, the initiator of the divorce may be the wife. This practice is becoming more and more common in Russia.

Have a baby? Most likely, the marriage was dissolved quite quickly, the husband will need to pay child support for the minor. If a woman is on maternity leave, she can demand money for herself up to the age of three children.

Price

How to file for divorce if you have children? We have fully answered this question. How much does the relevant service cost?

To file a divorce in the registry office on a bilateral basis, you need to pay 650 rubles. The fee is charged to each of the spouses.

Divorce unilaterally will take 350 rubles.

You will also have to pay for the work of a notary when drawing up peace agreements. Usually the state duty is from 500 to 1,000 rubles.

We contact the registry office

How to file for divorce if you have children, we found out. What needs to be done after the trial?

A citizen will have to apply to the local registry office with the appropriate application and documents. You need to have with you:

• passport;
• birth certificates;
• judgment;
• statement;
• duty paid check.

After presenting the relevant certificates, the applicant will be issued a certificate of divorce in a few days. The process can be considered complete.

wife does not agree

How to file for divorce if you have a child? For example, when does the spouse disagree with the relevant decision?

You will have to act according to the previously proposed instructions. The difference is that the court can:

• dismiss the claim if the spouse is against the divorce;
• refuse to consider the request if it is made with errors;
• satisfy the claim by mutual consent.

All this applies if the spouse is pregnant or has not given birth. more than a year back. Otherwise, the court will consider the claim and make a decision. Usually, the dissolution of the marriage will take place, problems will arise only with determining the place of residence of children and with the division of property.

Last name of kids

Divorce planned? How to apply if there is a child? You just need to follow the instructions above.

What will happen to the child's name? Usually the court is not after the divorce. The parent can do this on their own with the consent of the ex-husband or wife.

After the child reaches the age of 14, the minor will also take part in resolving the issue of changing the surname.

Without the consent of the mother or father of the child, you can change the surname if:

• the other parent is missing;
• the ex-spouse was deprived of parental rights;
• the other parent has no legal capacity;
• a change of surname is required for a more comfortable life of a minor.

That's all. What else to look for in a divorce?

Where to file for divorce if you have children? This is not the most difficult question of all that spouses have to study.

• Full name of the parties and the child;
• the name of the court;
• document's name;
• description of the situation in the family;
• the reason for the divorce;
• a request to determine the place of residence of children and the appointment of alimony (if necessary);
• list of documents attached to the application.

Want to file for divorce? Baby year? Then the procedure will not cause any special difficulties. After all, we have considered all the nuances of the corresponding process.

More than 60% of families break up in the first 4 years after the wedding. This disappointing statistic is aggravated by the fact that many couples have children who become victims of the situation against their will.

This article will discuss the procedure for filing a divorce if the family already has a child.

Where to divorce a child

Article 21 of the Family Code enshrines the need if the spouses have minor children. The judge must determine with whom the child will live, and who will only periodically participate in his upbringing.

It should be borne in mind that we are talking only about common children when the parents are citizens who are married. After all, each of the spouses can have children from previous marriages.

Cases when you can divorce a child in the registry office

There are three situations in which a spouse can apply to the registry office for divorce, despite the presence of minor children:

1. The other spouse was declared missing. This means that more than a year has passed since the last information about his whereabouts was received. It is not known where he lives, there is no data on what he does and when he plans to return to his family. From a legislative point of view, such a citizen is equated in status with the deceased.
2. The husband has been declared incompetent. This means that a person cannot be accountable for his actions, and is not able to realize the consequences of his actions. Inviting him to court for explanations does not make sense.

A person's incapacity can only be established by a court on the basis of a relevant medical opinion. The presence of a mental illness cannot unequivocally indicate the incapacity of a person.

1. The husband has been imprisoned for more than 3 years. In this situation, holding hearings in court is unnecessary. The convict does not have the opportunity to take care of the child while in prison, cannot be a full-fledged member of his family. Therefore, the decision of the court would be unequivocal.

You can also apply for a divorce to the registry office if the children have already reached the age of 18, that is, they are considered adults.

Divorce with children in court

Meetings are held according to general rules, which are enshrined in procedural legislation. The court considers the statement of claim, hears the opinion of the defendant, examines the evidence presented.

The only difference is that the judge must decide with whom the child will live, and establish the obligation to pay alimony for the other spouse, respectively.

If the child is over the age of 10, they will also be asked during the process as to who they wish to live with. However, the courts often leave the opinion of the child without attention, since minors often respond to such questions under the influence of emotions. Whereas the court is more interested in practical circumstances: in what conditions the child will live, whether they will monitor him every day, help him, whether there are material opportunities to create comfortable living conditions.

The consideration of the claim ends with the issuance of a reasoned decision.

What documents are needed

The applicant will need the following documents:

1. a copy of the marriage certificate;
2. a copy of the child's birth certificate;
3. a copy of the last spread of the passport;
4. proof of payment of the filing fee;
5. a copy of the application to be sent to the defendant.

If the plaintiff has documents that support his position stated in the application, then they should also be attached to the claim. This may be, for example, a protocol on the commission of an offense against the plaintiff, or a certificate from a narcological dispensary. Such documents will demonstrate to the court that the continued presence of two people in the status of husband and wife will be a mere formality.

Also, it will not be superfluous to provide information about the place of work, salary, availability of own housing. The court will still ask for such information during the process.

Drawing up a claim

To file a claim, you should contact a lawyer. Such a service costs a little, but the client will receive a guarantee that his appeal will not be returned or left without movement. If there is no extra money, then you can draw up such a document yourself.

The claim consists of several parts:

1. introductory;
2. descriptive;
3. pleading.

The first part contains technical information:

1. the name and address of the court where the claim is filed;
2. FULL NAME. and address of the applicant;
3. FULL NAME. and address of the defendant.

The descriptive part should contain a brief but informative summary of the current state of affairs. It should be written when and with whom the marriage was concluded, when children appeared in the family, from what moment problems appeared.

The application must indicate why the plaintiff considers it impossible to continue to be married to her spouse. These must be specific facts, for example:

1. the spouse does not participate in the life of the family: does not raise a child, does not live at home, does not share the burden of material expenses, does not help around the house, and so on.
2. the spouse has a romantic relationship with another person;
3. lack of love, loss of mutual respect between spouses.

You should not write lies, for example, call a person who is not registered in a dispensary, did not break the law while intoxicated, and had problems at work due to addiction, an alcoholic. The court may consider such a statement an emotional decision and dismiss the claim.

You should not write sexual problems as reasons that prompted the plaintiff to write a statement of claim. Unfortunately, such motives are considered insignificant in domestic courts, and the judges refuse to satisfy the claim.

It is very important how convincingly the plaintiff will present his position in court, and not how smoothly the application will be written.

The petition part includes the requirements of the applicant. As a rule, there are several of them:

1. divorce;
2. division of common property;
3. solution of the problem .

It is necessary to describe in detail the position of the plaintiff regarding the future upbringing of the child. Does the applicant want the child to live with him, or does he consider it appropriate to be with the other parent.

If the plaintiff wishes to raise the child on his own, then it would be useful to list some advantages of such a decision. It can be:

1. own housing;
2. stable financial position;
3. work without business trips and with a normalized schedule, which will allow you to devote enough time to the upbringing and education of the child;
4. establishing a trusting relationship with the child;
5. negative characteristics of the other parent: lack of work, own housing, addiction to alcohol, and so on.

Each fact mentioned in the application must be supported by evidence in court, such as testimonies, documents, and so on. A parent who claims that a child should be left to live with him after a divorce should know about his tastes in food, clothes, favorite cartoons, books, and so on.

How long is the trial

The duration of the trial depends on many factors:

1. whether the spouse agrees to the dissolution of the marriage;
2. whether there is a dispute about the division of property;
3. whether there is a dispute regarding the further education of children.

At the same time, one should take into account the possible delay in the process by the defendant if he does not want to end the family relationship. There may be motions to postpone hearings to look for any evidence, absenteeism due to illness, and so on.

The first meeting is held around one month after application. If the defendant does not wish to divorce, the court may give time (up to three months) to reconcile the parties. If the family conflict is not resolved during this time, the process will continue. The courts are trying to complete the divorce process as soon as possible, and the case is rarely pending for more than 4 months.

The court's decision

The court decides on the dissolution of the marriage or on the refusal to satisfy the claims of the plaintiff. In the second case, the court also decides on the division of property, on the place of residence of the child and on the appointment of alimony.

When you can not get a divorce if you have minor children

The husband does not have the right to file a divorce suit if the wife is pregnant or the child is under 1 year old. The corresponding provision is enshrined in Article 17 of the RF IC. This limitation is connected with the fact that a woman during this period needs care, increased attention, moral and material support.

If the mother believes that further living together with the father of her child is impossible, then she herself has the right to initiate divorce proceedings.

Arbitrage practice

Courts very often leave children to their mothers. This is especially true in cases where the child has not reached the age of 14 and cannot take care of himself.

The decision depends on the financial situation of each of the spouses, the availability of their own living space, social status, the absence of chronic diseases, and much more.

For people who want to start divorce proceedings, it is best to enter into an agreement for children before filing a lawsuit. In such a document:

1. contain provisions on the rights and obligations of each parent;
2. the issue of the procedure and amount of maintenance payments is resolved;
3. reflects the position of the place of residence of the child.

Such a document is a civilized way to resolve a delicate issue without leaving it solely to the discretion of the judge.

Video lawyer consultation

Christian lawyer Konstantin Andreev talks about the most important points that you should know when divorcing, including with children.