How does divorce happen if there is a child? Standard procedure for filing a claim in court

When a married couple who has decided to separate has a small child growing up together, the divorce procedure will have its own nuances.

How to file a divorce from your husband if you have children? Read more about this in our material.

Let's consider. If there are minor children in the family, divorce is almost always (with the exception of 3 cases) legally formalized in court.

In this situation, filing a claim has its own nuances.

So, it should definitely mention common children, indicating their full initials and exact date of birth.

In addition, the claim should indicate wishes regarding and changing their surname. At the same time, they must be supported by convincing arguments that it would be better for the children to live with this particular parent.

As practice shows, wanting to protect the interests of children, the judge always gives their parents a certain period for reconciliation.

Its duration is 3 months. And only after their expiration, the court again returns to the topic of divorce and makes a final decision.

However, regardless of whether children are raised in the family or not, a court decision on divorce alone will not be enough. After some time, each spouse will have to issue an official confirmation of divorce at the registry office. The state fee for such a legal action is 650 rubles, and both the ex-husband and the ex-wife must pay it.

In addition, if, as a result of a divorce, the initials of a small child have also changed, you should promptly make the appropriate adjustments to his birth certificate.

Divorce at the registry office

Today there are three exceptions to the rule, when, regardless of the age of joint children and their number. All of them are related to the existence of a corresponding court decision in relation to the second spouse.

It may concern:

• officially declaring another family member as missing;
• recognition of the husband (wife) as completely incompetent.

In addition, if the second spouse is involved in a crime, and the court sentenced him to serve a sentence of 3 or more years in prison, then this may also be the basis for filing a divorce through the registry office.

To terminate a marriage under such a simplified procedure, it is enough to write an application yourself and provide your personal passport, marriage certificate, as well as a copy of the court decision on the second spouse. From a financial point of view, this form of divorce will cost 350 rubles. This is a state duty, the amount of which is prescribed in the Tax Code of the Russian Federation. Please note that you can choose to submit documents either to the registry office that registered the marriage or to the institution at the applicant’s place of residence.

When a child reaches adulthood, his parents can also divorce each other at the registry office. Naturally, both parents should not mind ending the relationship.

If we talk about the time during which such a procedure lasts, then it is approximately one month. After which the initiator of the divorce is given a certificate of termination of marriage, and he becomes completely free from marital ties.

Separation of children in divorce

Many women wonder:

The divorce procedure (we emphasize, in court) can be affected by the age of growing children, as well as their state of health.

So, if the child is not yet a year old, then his father cannot initiate divorce proceedings himself (of course, if the wife herself does not oppose such a step).

When a divorce occurs in a family where the child has not yet reached the age of three or was born disabled, alimony is awarded both in favor of the child and his mother. And if the baby is healthy, then after he turns 3 years old, as a rule, they stop. It’s another matter when the child is disabled from childhood with group 1. In this case, the mother can count on alimony until such a child reaches adulthood.

In a divorce situation between spouses who have two or more children, alimony for their maintenance is awarded in an increased amount. Let us remind you that this is a third of the income, and 3 or more is half.

Today, the legislation does not have clear rules determining how children should be distributed between former parents in the event of their divorce. If the spouses have entered into an agreement between themselves, which we discussed above, then its norms in most cases are a priority for the court.

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:

1. if one of the partners is officially declared incompetent;
2. if one of the partners is considered missing;
3. 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 parents of common or jointly adopted minor children were unable to come to a decision that satisfied both parties regarding the division of property in excess of 50 thousand rubles, as well as 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 his age and state of health will allow it, and whether the offspring applying to raise him 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 division of 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 from 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:

1. receipt of payment of state duty;
2. claim for divorce;
3. document confirming the identity of the plaintiff;
4. original marriage certificate;
5. documents on the birth of joint minor children;
6. 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.

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 using 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 for, 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 stamp.

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.

Legal illiteracy gives rise to problems arising from family legal relations. When faced with a difficult situation, women do not know where and when to seek help. They don’t understand whether they or their spouse have the right to file for divorce when they have a common child under one year old. Is divorce possible when you have a newborn in your arms?

The husband does not have the right to file for divorce if:

• spouse is pregnant;
• there is a minor, but the age is less than one year of birth;
• the baby died before birth;
• the child died at one month of age, before his first year of birth.

The law does not limit women's rights. She can file a lawsuit and get a divorce, no matter how old the baby is from birth.

If the spouse has no objections to the divorce, but has a newborn, divorce is possible. The rule is enshrined in the RF IC, Article 17.

Divorce in the registry office

The registry office formalizes a divorce if the spouses do not have common children, claims regarding the use of common property, and there is consent. Other cases are considered through the courts.

Exceptions if the court decision recognizes:

• the spouse is incapacitated;
• unknown missing;
• the husband was sentenced to a prison term exceeding 36 months.

You can submit an application and divorce your husband through the registry office, unilaterally.

Divorce in court

Divorce cases go through justices of the peace. The territorial jurisdiction rule is used. The claim must be filed at the place of registration of the defendant. The court considers the case at the place of residence of the plaintiff if two circumstances exist:

• the plaintiff lives with the offspring;
• The plaintiff demands divorce and alimony at the same time.

Divorce cases fall under the jurisdiction of a federal court (district court, city court) when:

• division of property between husband and wife, the amount of which is over 50 thousand rubles;
• a dispute about the place of permanent residence of children, disagreements regarding drawing up a schedule of communication with children.

If the offspring has not reached the first year of birth, we submit a statement of claim to the magistrate. If the circumstances are successful, the court will make a decision within 30 days. The deadline was met so that spouses who entered rashly had the opportunity to change their minds.

Documents sent to court:

• a statement containing a demand for dissolution of marriage;
• marriage certificate;
• child's birth certificate;
• receipt of payment of state duty.

If the interests of the plaintiff or defendant are represented by a lawyer, a power of attorney certified by a notary is required.

2016 brought changes

The state fee for a divorce case is 850 rubles. The court decision must be registered. You will have to pay 850 rubles for a divorce certificate. In total you will have to pay 1.7 thousand rubles. Documents can be submitted as photocopies. Attached is the original paid receipt. In order for the court hearing to take place, the plaintiff and defendant must have passports and originals of the above documents. Court documents can be submitted in person or through the post office.

If a spouse files a court application, if she has an infant who is less than a year old or is pregnant, the court protects her rights. If the spouse agrees, the marriage bond is subject to dissolution.

If there are two or more children, one of whom has not reached the first year of birth, the divorce takes place according to the rules for the dissolution of a marriage with an only small child.

Lawyers advise supplementing the divorce application with a claim for the collection of child support and a demand for maintenance of the mother until the child reaches the third birthday.

Divorce and newborns

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According to statistics: 90% of children are left to their mothers. There are isolated cases when a child at the age of one month is given to his father through the court. But this is an exception. Russian legislation provides for equal rights of parents to raise a child. When making a decision, the court takes into account: the personal characteristics of the parents, financial support, and the quality of living conditions.

Before the trial, the following should be agreed upon between the wife and husband:

• alimony payment scheme: amount, period;
• schedule for meeting with father: time and duration.

Your agreements on alimony and obligations can be expressed by an agreement on the payment of alimony. The document is drawn up by a notary and signed by both spouses.

Duration of divorce

The duration and cost of litigation depend on the circumstances of the individual case. Citizens are concerned about the timing when the presence of a marriage stamp prevents them from performing a significant legal action: completing a real estate transaction, getting remarried.

Any case requires careful preparation, especially a judicial one. First, a preliminary hearing is scheduled. The next hearing will consider the case on its merits. A decision may be made at a subsequent court hearing.

To notify divorcing spouses of the time of the hearing, the court issues addressed summonses. The time it takes to deliver the notice and the court’s receipt of notification of the delivery of the summons is taken into account. The circumstances surrounding the distribution of correspondence can be called protracted.

The court decision comes into force after 10 days from the date of its adoption. Particular attention should be paid to the time allotted for preparing the judicial act. Russian courts are overloaded with statements of claim, there are few staff members, so the deadline for preparing a decision is delayed. We add 10 days for the possibility of an appeal to the days it takes for the registry office to prepare a divorce certificate. Deadlines are increasing.

It is possible for couples who have reached a mutual agreement, appeared in court in person, and have no disagreements on the following points to file for divorce with a child under one year old and get a divorce at the first court hearing:

• the procedure for communicating with the child;
• material support for mother and baby;
• place of residence of the offspring.

Court cases in the presence of unresolved specified circumstances can last two months.

When one of the spouses objects to the divorce, the process is delayed. They can petition the court to set a time limit for reconciliation. The period is limited: three months. The judge divides the period in half. Initially, the conciliation period is one and a half months. If the situation remains unchanged, the court extends reconciliation. Processes when there is no agreement between spouses can drag on for six months.

The legislation established reconciliation in order to improve relations between husband, wife and children. Practice shows that the unit of society is often preserved thanks to the period given for reflection.

Features of divorce: the husband is a foreigner

If the husband is a citizen of a foreign country, divorce with an infant or two children is also possible. Proceedings on a claim are opened at the place of residence of the defendant - this is a general arrangement according to the law of the Russian Federation. However, the defendant is a resident of another state. Will you have to go abroad to file for divorce and get a divorce?

The plaintiff, a Russian citizen, has the right to file an application for divorce at her place of registration. The lawsuit states that the foreign husband's last known address was Russia. In this case, the claim will be considered in a Russian court under Russian law.

The Code of Civil Procedure states: a divorce case with the participation of foreigners can be considered by a Russian court in two cases:

• one of the parties has Russian citizenship;
• The plaintiff’s place of residence is Russia.

A foreigner will not be allowed to pick up a child who has Russian citizenship at one month of age, or when the child is already six months old, a year old, and transport him across the Russian border. The state protects the interests of its citizens: the child has the right to know the traditions and be raised in the state in which he was born.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

If the family has a common minor child, this does not at all prevent his parents from filing an application for divorce. However, for such situations, the law provides for the following procedure for filing a divorce when there are children. How you can quickly get a divorce, and what documents are needed for this, you can find out from this material.

Is it possible to get a divorce through the registry office if there are children?

According to the standard procedure, a divorce between spouses when there are children together is formalized exclusively in court(see →). To put it another way, in this case, as a general rule, a divorce can only be filed through the court. But in this case there are many exceptions. The process of registering a divorce through the registry office is possible only in the following cases:

1. when the spouse is officially declared missing. This fact can always be established in court in cases where a citizen has been absent from his place of residence for more than 1 year, and his current location cannot be established;
2. if either spouse is serving a prison sentence in a colony for more than three years;
3. if the spouse is officially declared incompetent.

In order to get a divorce, it is important to fill out a standard application in Form No. 9 (see →). In addition, some documents are also required: a receipt for payment of the duty, a passport, as well as a certificate of marriage between the spouses. If you suddenly lost your marriage certificate, you can read the instructions on how to restore it in the article: ““.

When a married couple has a child, it is necessary to prove the circumstances that allow a divorce, for this you can provide the relevant documents. In this case, a copy of the final decision or court verdict, which confirms all the listed facts, will be useful.

When applying to the registry office, the divorce must be formalized one month after the application was submitted by the spouses. In cases where during this month the second spouse is released from the colony, declared or recognized as legally competent, the divorce will not be issued. In this case, divorce will only be possible in the court department.

Procedure

In this situation, a divorce can be filed on the initiative of the husband or wife, even in cases where one of the spouses does not agree. However, this rule has one significant exception - if the joint child is not yet one year old, we will consider this case later.

It should also be noted that this procedure can only be used when the family has common children. This means that when a child was born before the marriage of his parents, and the child’s birth certificate has not yet indicated the natural father, it is possible to dissolve the marriage through the registry office. An important point is that the biological relationship between the father and the child does not matter in this case. When the baby was adopted by the father, the divorce takes place in the court department.

Where to file for divorce?

How to properly file a claim

Now you need to study the next step: how to prepare a statement of claim for divorce? The following information must be included in the official document:

1. the exact name of the judicial department;
2. personal data of both spouses, their full names and place of residence;
3. a brief description of the main essence of the matter. Here it is necessary to list the most basic facts: date of marriage, date of birth of children, reason for divorce;
4. a complete listing of all controversial issues that are relevant to the case and relate to joint children or property, when they exist, as well as the rationale for the plaintiff’s position on this issue;
5. pleading part in a divorce suit. At this point, you need to write down all the stated requirements, which are the main reason for going to court. The very first point here should indicate the reason why you want to get a divorce.

A completed claim must be submitted accompanied by the following important documents:

1. a copy of the marriage certificate;
2. receipt of payment of the established state duty;
3. a copy of the children's birth certificate.

When by this time you have already been able to draw up a peace agreement stating that you have determined the exact place of residence of both children, then it should also be attached to the application. If in your application you indicated a requirement for the division of joint property, then you must make a detailed list of the things that you want to divide. Also in this case, official title documents may be required. It should be remembered that when you indicate any arguments in your application, you must provide mandatory evidence for each of them.

How to file a claim

The procedure for divorce established by law requires preparing and then filing a statement of claim along with the accompanying documents (necessarily in two copies). One copy is intended for the court, and the second is necessary for the defendant. Each of them must be signed by the plaintiff. If you suddenly forget to sign the application, your claim will be left without progress until the defect is corrected; in this case, it will not be possible to quickly file a divorce.

You are allowed to submit the completed documents yourself, by coming directly to the office of the court department, or by a notarized power of attorney through a representative. In this case, it is also possible to send the completed divorce application via registered mail.

Trial

Immediately after the statement of claim for divorce is accepted, a mandatory preliminary conversation is scheduled for its consideration. At this conversation, the important issue of whether the evidence presented to the court is sufficient to formalize the divorce, the process of dividing property, as well as determining the permanent place of residence of the child is resolved.

After this, the court schedules a court hearing, where the matter of the very intention of divorce is considered on its merits. In this case, the plaintiff or defendant is asked to give precise explanations, as well as present evidence or interview possible witnesses.

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

In order to quickly file a divorce and simultaneously resolve all related problems, it is necessary to prepare extremely thoroughly for the court hearing process. When there is a dispute between spouses about children, the collection of alimony, or the distribution of property, strong evidence is required in order to accurately defend a personal position. Such documents may be:

1. Official original documents or notarized copies.
2. Various audio or video recordings.
3. Accurate testimony.
4. Some expert opinions. When an examination procedure is necessary, a weighty relevant petition should be submitted to the court.

When resolving the issue of where and with whom the children will live after a divorce, the court takes into account a lot of circumstances: the real age of the child, as well as his opinion, financial situation, level of attachment to each of the parents and the moral qualities of each spouse. The child’s opinion is taken into account only when he is already 10 years old.

Possible court decisions

In cases where the husband and wife fully agree to divorce, the court will most likely completely satisfy this requirement. After this, based on the final court decision, a corresponding note will be made in the book where acts of civil status are recorded. When either spouse does not agree to a divorce, judges often assign them a certain period of reconciliation, usually ~3 months. After this period, a divorce can be filed. There is also a third option: refusal of a positive court decision on divorce.

Is divorce possible if the child is under one year old?

In this case, there is some circumstance that can interfere with the husband’s established plans for divorce: when the family has a common child under 1 year old. This fact does not mean at all that divorce is not possible at all; the court will reject the claim only if there is no consent of the wife. It should be noted that a wife can independently divorce without her husband’s decision during pregnancy through the court (see →).

The current law in this period allows a divorce to be filed only when the young mother wants it, and the father can file for divorce only after the baby’s first birthday. However, after a whole year, anyone can change their mind about getting a divorce. The same reason for refusing a divorce can be the pregnancy of the spouse.