How does a divorce happen if you have a child. Standard procedure for filing a lawsuit

When a couple who have decided to leave have a common small child growing up, the divorce procedure will have its own nuances.

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

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 the exact date of birth.

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

As practice shows, wishing to observe 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 brought up in the family or not, a court decision on divorce alone will not be enough. After some time, each of the spouses in the registry office will have to issue an official confirmation of the dissolution of the marriage. The state duty 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, appropriate adjustments should be promptly made to his birth certificate.

Divorce in 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 connected with the existence of a corresponding court decision in respect of the second spouse.

It may concern:

• official declaration of 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 can 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, by choice, you can submit documents both to the registry office that registered the marriage, and to the institution at the place of residence of the applicant.

When a child has reached the age of majority, his parents can also divorce each other at the registry office. Naturally, both parents should be willing to end the relationship.

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

Separation of children in divorce

Many women ask themselves:

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

So, if the child is not yet a year old, then his father cannot initiate a divorce case 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 grown up to the age of three or he was born disabled, then 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. Another thing is when a child is a disabled child with group 1. In this case, the mother can count on alimony until such a child reaches the age of majority.

In a situation with the divorce of spouses who have two or more children, alimony for their maintenance is awarded at an increased rate. Recall that this is a third of income, and for 3 or more - half.

Today, there are no clear rules in the legislation for 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 time and effort taken. And in a divorce with minor children, even more difficulties arise.

This procedure is considered one of the most difficult options for terminating 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 in the presence of common children in a couple 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 with common minor children is possible through the registry office in the following situations:

1. if one of the partners is officially recognized as 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, there are two more options where you can apply for divorce if you have a baby:

• apply for a divorce to the registry office if the child you have with your partner is not your common one;
• file a lawsuit in the world or district court at the place of residence.

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

In what situations to apply to the World Court?

The termination of the 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 cost 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 of the partners the child will live with, who and how will pay alimony, that is, the interests of a minor citizen are taken into account first of all.

When to Apply to the District Court for Divorce?

If the parents of minor common or jointly adopted children failed to come to a decision that satisfies both parties in matters of property division, in the amount of more than 50 thousand rubles, and also decide with whom their baby will live, then the District Court will issue a verdict.

It is worth noting that if one of the partners opposes divorce or there is no clear firmness of intention of the spouses to dissolve the marriage, then the judicial authority has the right to use the period for the possibility of reconciliation. Often this opportunity is used in a lawsuit from one of the spouses with minor children, without the consent of the other parent.

Who gets the kids after the divorce?

The next question that worries all couples who want to get a divorce: with whom will minor children remain? As mentioned above, such disputes are resolved through the district judicial authority. And since he will need to take into account the interests of both parties, and most importantly, protect the rights of a minor child, for starters, after considering the case, they use the possibility of conciliation time (usually it 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 the age of 10 are left to live with their mother. But the court may decide to leave the baby with the father if it is proved 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.

There are the following criteria for determining with whom minor children will remain after the divorce of the spouses:

• The opinion of the child is taken into account. The facts are also taken into account: whom he loves more, with whom his brothers and sisters want to stay, 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 of the partners and the desire to stay with minor children. Is the parent really ready psychologically and physically to live permanently with the baby, including whether the age and state of health allow, whether the offspring applying for upbringing has any addictions.
• The financial condition of each of the parents of a minor child is assessed. It is taken into account who has more opportunities to provide a high standard of living, to give a good education, to satisfy all the needs of the child, including those of a social nature.
• Other important circumstances, as applicable.

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

When can a marriage not be dissolved?

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

If the wife also wants a divorce, then you can save time by drawing up an agreement where you determine with whom the baby will live, 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 to dissolve the marriage, and then it will be necessary to wait for the baby to reach the age of 1. After that, the consent of the missus is no longer needed to file for divorce.

How to file for divorce with children under 3?

There is a widespread belief that it is impossible to file for divorce during this period without having the consent of your partner. However, this opinion is erroneous. In this situation, the following decisions can be made by the judicial organization:

• conciliation period, but not more than 1 month;
• rejection of the claim if the documents were incorrectly executed or other requirements of the law were violated;
• refusal to dissolve the marriage if the minor children do not reach the age of 1, or the wife is pregnant and does not agree to a divorce.

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

What documents are needed to file a divorce suit?

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

1. receipt of payment of state duty;
2. divorce petition;
3. a document confirming the identity of the plaintiff;
4. original marriage certificate;
5. documents on the birth of joint minor children;
6. the consent of the second parent to the dissolution of the marriage union, certified by a notary.

How long does a divorce last if there are minor children?

There are no clear deadlines set by law. However, if the divorce process takes place 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 be delayed, for example, if some other claims are filed regarding issues related to the division of property, the payment of alimony, or other problems. Then the process can last from several months to several years. But the standard divorce takes 1, maximum 2 months.

How does the divorce process work?

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

Sometimes in a family there is such a misfortune as a divorce. From now on, people decide to go their own way through life and plan to end family relationships. And here the question arises: where to file for divorce? In our article, we will consider how to go through such an emotionally difficult procedure, what documents are needed for this, and where a divorce is filed if there is 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 dissolve the marriage and the accompanying conditions. 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 allowed to formalize a divorce by the will of one of the spouses, as well as by mutual agreement. The guardian of the spouse recognized as legally incompetent also has the right to demand the dissolution of the marriage. 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 pregnancy of the spouse.
2. Within 1 year from the date of birth of the child.

Where should you file for divorce? The current legislation establishes only two possible places:

1. It is possible to issue a divorce in the registry office.
2. You can file a divorce in court.

There are a number of restrictions on either account, which we will discuss in more detail below.

Divorce proceedings at 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 desire to dissolve the marriage is mutual and there are no any kind of claims against each other.
2. If the parties do not have children under the age of 18.

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

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

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

Divorce in 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 shown.
2. Application for termination of marriage. It is submitted according to the form provided by the 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 should be noted that in case of a mutual declaration of 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 duty 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, there are no more fees to pay in this case. Until 2015, the filing of an application was paid separately, and then the issuance of a certificate of divorce.

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

Where to file for divorce if you have a child

The procedure for dissolution of marriage, if the couple has a child or even several children, is somewhat different. This rule applies if they are under 18 years of age. Termination of family relations will be possible only in court.
You can dissolve a marriage through the court in the following cases:

1. If there is a child. The dissolution of the marriage is carried out when the facts are established, and also, according to the applicants that living together is impossible, the common household is not maintained. At the same time, the court has the right to set a period for reconciliation of the spouses, equal to three months, and to postpone the court hearing.

2. If one of the spouses does not give his consent to the divorce. At the same time, the court must establish the facts that the further life of the spouses is impossible, the joint household is not conducted.
3. One of the spouses evades the divorce process, which could be formalized in the registry office.

In all cases, the marriage is dissolved after it has been established that reconciliation is impossible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. Passport of the applicant. The original and the copy are presented.
2. Original marriage certificate. Seized by the court in the event of a divorce.
3. If you have small children - copies of their birth certificates.
4. State duty. Today its size is 650 rubles. It can be paid at any branch of the bank. At the same time, if the check is issued 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 indicated documents in the amount of 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 independently sends a package of documents to the defendant with the application of the agenda for the appointment of the court session.
As a rule, the consideration of the case is carried out in two stages - preparation for the trial and the trial itself.

Where to apply

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 differ, then at the place of residence of one of them to choose from.

Claims for divorce are considered by magistrates without property claims from the spouses:

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

If there is a property or other dispute between the spouses, such cases must be considered in the courts of district significance. The dispute on 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 a business.

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

In case of a divorce through the registry office, the marriage is terminated immediately after making a record of its termination, as well as affixing a seal to the spouses' passports.

If there is a court decision in hand, then it is necessary to wait until it enters into force, and this is a month after its issuance, and only then apply to the registry office for the issuance of a certificate of termination of marriage and affixing a seal.

In this article, we have tried to answer in detail the question of where to file for divorce. Having studied this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also to 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. Faced with a difficult situation, women do not know where and when to seek help. They do not understand whether they or a spouse have the right to file for divorce when they have a common child up to a year old. Is divorce possible when a newborn is in your arms?

A 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 the age of one month, before the first year of birth.

The law does not limit women's rights. She can file a lawsuit and divorce, regardless of how old the baby is from birth.

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

Divorce at the registry office

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

Exceptions, if the decision of the court recognizes:

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

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

Divorce in court

Divorce cases go through justices of the peace. The territorial rule of jurisdiction 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 in the presence of two circumstances:

• the plaintiff lives together with the offspring;
• Plaintiff seeks divorce and alimony at the same time.

Divorce cases are under the jurisdiction of the federal court (court of the district, city) when it is considered:

• 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 the scheduling of communication with children.

If the offspring is not the first year of birth, we submit a statement of claim to the justice of the peace. The decision will be made by the court in case of a successful combination of circumstances in 30 days. The deadline was met so that the spouses who arrived in the heat of the moment had the opportunity to change their minds.

Documents sent to the court:

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

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

2016 brought changes

The state duty for a divorce case is 850 rubles. The decision of the court must be registered. For a certificate of divorce, you will have to pay 850 rubles. 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 session to take place, the plaintiff and the defendant must have passports and originals of the above documents. Documents for the court can be submitted in person or through the post office.

If the spouse files a court application, in the presence of a baby who has not reached the year of birth or being pregnant, the court protects her rights. If the spouse agrees, the marriage bond is subject to termination.

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

Lawyers advise supplementing an application for divorce with a claim for the recovery of alimony for children and a requirement for the maintenance of the mother, until the child reaches the age of three.

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 the father through the court. But this is an exception. Russian legislation provides equal rights for parents to raise a child. When making a decision, the court takes into account: the personal characteristics of the parents, material support, the quality of living conditions.

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

• alimony payment scheme: size, period;
• schedule of meeting with the 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, signed by two spouses.

Length of divorce

The length and cost of litigation depends on the circumstances of the particular case. Citizens are concerned about the timing when the presence of a marriage stamp prevents them from taking a significant legal action: formalizing a real estate transaction, remarrying.

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

To notify the divorcing spouses of the time of the meeting, the court sends address subpoenas. The time for the delivery of the notice, the receipt by the court of a notice of the delivery of the subpoena is taken into account. The circumstances concerning the distribution of correspondence can be called addictive.

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 the preparation of a judicial act. The courts of Russia are inundated with statements of claim, there are few employees of the apparatus, so the time for making a decision is delayed. We add 10 days for the possibility of an appeal to the days that it takes for the preparation of a certificate of divorce by the employees of the registry office. Deadlines are increasing.

You can file for divorce with a child under one year old and divorce at the first court session for couples who have come to a mutual agreement, have personally appeared in court, they have no disagreements on the points:

• order of communication 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 apply to the court for a time limit for reconciliation. The term is limited: three months. The referee divides the period in half. Initially, the conciliatory period is one and a half months. If the situation remains unchanged, the court extends the reconciliation. Processes where there is no agreement between the spouses can drag on for six months.

Legislation established reconciliation to improve relations between husband, wife and children. Practice shows that the cell of society is often preserved due to the period given for reflection.

Features of divorce: husband is a foreigner

If the husband is a citizen of a foreign state, 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 setting in accordance with the law of the Russian Federation. However, the defendant is a resident of another state. Have to go abroad to file for divorce and divorce?

The plaintiff, a citizen of Russia, has the right to file for divorce at the place of her registration. The lawsuit states that the last known address of the foreign husband 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 the citizenship of the Russian Federation;
• the place of residence of the plaintiff is Russia.

A foreigner will not be allowed to pick up a child with Russian citizenship at the age of one month or, when the child is already six months old, a year old, and smuggle across the Russian border. The state protects the interests of its citizens: a child has the right to know the traditions and be brought up 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 a question in the form below:

If the family has a common minor child, then 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 to get a divorce quickly, and what documents are needed for this, can be found in 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 joint children, is formalized exclusively in court(see → ). To put it another way, in this case, as a general rule, a divorce can only be formalized through the courts. 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 of the spouses 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 an application of the standard established form in form No. 9 (see →). In addition, some documents are also required: a receipt for payment of the fee, 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 allowing for 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 facts listed, will come in handy.

When applying to the registry office, the dissolution of the marriage must be executed one month after the application submitted by the spouses. In cases where during this month the second spouse is released from the colony, appears or is recognized as capable, the divorce will not be issued. In this case, it will be possible to get a divorce only in the court department.

Procedure

In this situation, divorce is possible at 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 be applied only when there are common children in the family. This means that when a child was born before the marriage of his parents, and the birth certificate of the child has not yet indicated the father, then divorce is also possible through the registry office. An important point - the biological relationship of the father with the child in this case does not matter. When the baby was adopted by the father, the dissolution of the marriage 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 divorce claim? The official document must include the following information:

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

The completed application must be submitted by attaching 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 that has determined the exact place of residence of both children, then it should also be attached to the application. If in the application you indicated the requirement for the division of joint property, then it is necessary to draw up a detailed list of things that you wish to divide. Also in this case, official title documents may be required. It should be remembered that when you indicate any arguments in the application, then for each of them it is necessary to provide mandatory evidence.

How to file a claim

The statutory procedure for dissolution of marriage obliges to prepare and then submit a statement of claim along with related documents (required 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, then your claim will be left without movement until the defect is eliminated, in which case it will not be possible to file a divorce quickly.

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

Trial

Immediately after the adoption of the statement of claim for divorce, a mandatory preliminary conversation is appointed for its consideration. At this conversation, an important question is resolved whether the evidence presented to the court is sufficient to formalize a divorce, the process of dividing property, and also determining the permanent place of residence of the child.

After that, the court appoints a court session, where the case on the very intention of divorce is already considered on the merits. In this case, the plaintiff or defendant is offered to give precise explanations, as well as provide evidence or interview possible witnesses.

What does the court consider when making a final decision?

For the prompt processing of a divorce and the simultaneous solution of all related problems, it is necessary to prepare extremely thoroughly for the court session. When there is a dispute between spouses about children, the recovery of alimony, the distribution of property, mandatory hard evidence is required in order to accurately defend a personal position. Such documents can 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 corresponding petition should be filed with 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 of the spouses. The opinion of the child 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 a divorce, then the court, most likely, will absolutely satisfy this requirement. After that, on the basis of 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, the judges often give them a certain period of reconciliation, usually ~ 3 months. After this period, divorce is possible. There is also a third option: refusal of a positive court decision on divorce.

Is divorce possible if the child is not a year old

In this case, there is some circumstance that can interfere with the established plans of the husband 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 refuse the claim only if there is no consent of the wife. It should be noted that a wife can independently divorce without the decision of her husband during pregnancy through the court (see →).

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