How to get a divorce when you have a small child. The court considers issues

The birth of a child, unfortunately, does not always strengthen families, and spouses may even want to divorce earlier than first baby's birthday. There are many reasons for this, and they are not that important. What is important is how divorce fits into the norms of current legislation and how it will change legal status former family members if it is carried out.

Is it possible to get a divorce when the child is under 1 year old: features, restrictions

Legislation Russian Federation protects the rights and interests of children and their mothers, creating conditions for their upbringing in full family, but does not force parents to live in marriage until they come of age. The restriction on divorce applies only for one year after the birth of the child and before that, during the mother’s pregnancy.

An absolute prohibition can only be called in relation to the father. In accordance with Art. 17 Family Code In the Russian Federation, a husband cannot initiate a divorce until his pregnant wife gives birth, and 12 months after that.

This provision is also relevant in cases where biological father a child is a completely different person. Even if this is officially established, and paternity legal spouse contested in court, he will be able to file for divorce against the wishes of his wife only after deadline.

The situation changes dramatically if the desire to end the marriage is mutual or comes from the woman. A pregnant spouse has the right to file for divorce at any time, regardless of the age of the child.

Such “inequality” is explained by the vulnerable mental and, possibly, physical state of the baby’s mother. Indeed, in connection with the performance of responsibilities for caring for a young child, she is most often deprived of the opportunity to independently satisfy her basic needs and temporarily acquires the status of disabled.

In addition to the material aspect, the legislation also takes into account the moral one: the psycho-emotional state of a woman in the first months of motherhood is characterized by extreme instability. Therefore, in order to avoid the risk of a traumatic situation to preserve the health of her and the newborn, the demands for divorce at the request of the husband are satisfied with some delay.

Before a child born in marriage reaches 1 year of age, divorce is possible only if:

• the wife will declare this;
• The spouses made a joint decision to divorce.

How to file for divorce with a small child

Making an official break marital relations, parents of a minor must remember the need to resolve a number of other issues related to joint property and of course, common child.

Preparatory stage

Before filing for divorce, parents of a common child are advised to agree on the following points:

1. Place of residence of the child. In infancy, he will be better off with his mother (except in special cases).
2. Procedure for communicating with a parent living separately. It is important for a child to see and spend time with both parents, and this need must be taken into account at any age, unless communication with one of the parents violates the interests of the minor.
3. The amount and frequency of maintenance paid by the separated spouse. Alimony and other additional payments should not be below the minimum established by law.
4. Division of jointly acquired property. By law (if marriage contract unless otherwise provided) each spouse is entitled to exactly half of all material assets acquired during marriage. And they have the right not to divide each object in half, but to agree on their distribution according to the cost and size of their actual investments.

Agreement on the first two issues listed above can be oral. But this option should be resorted to only with an exceptional level of trust between the former spouses. In other cases, it is better to state the agreement in writing and, for greater reliability, have it certified by a notary.

The agreement on determining the place of residence and the order of communication with the child can be certified at will. And the agreement on the amount of alimony, as well as on the division of property, is drawn up by a notary in mandatory.

If the spouses fail to reach a consensus on key points of distribution of parental responsibilities and joint property, controversial issues will be resolved forcibly - through judicial proceedings.

Demands for division of property, collection of alimony, determination of the child's permanent residence and schedule of communication with the other parent can be included in the divorce claim and considered in one case. Or they can apply separately, after the divorce.

Where to contact

The authority competent to divorce a child under one year old is selected based on the characteristics of the specific situation:

1. Spouses who do not combine a divorce claim with demands property nature(except for claims worth more than 50 thousand rubles) and disputes about children, they turn to the magistrate.
2. The order to collect alimony or the decision to pay monthly maintenance in a fixed amount is also made by the magistrate.
3. A divorce involving the consideration of a dispute about determining the place of residence of a child and/or the order of his communication with a parent living separately is carried out in a district court.
4. Division of jointly acquired property within divorce proceedings(or separately from it) compulsorily performs district court.
5. Divorce on the initiative of the wife of a person who is incapacitated, missing, or sentenced to imprisonment for up to three years for committing a crime, is carried out on her behalf, regardless of the consent of the husband, the number and age of joint children.

Except the right choice body authorized to resolve the issue, it is important to determine the territorial jurisdiction of the case.

Typically, a statement of claim is filed at the place of residence of the defendant (the person towards whom the plaintiff’s demands are directed). But in in this case divorce may be subject to the jurisdiction of the court at the place of residence of the wife, who acts as a plaintiff in the case.

According to paragraph 4 of Art. 29 of the Civil Procedure Code of the Russian Federation, the plaintiff has the right to choose territorial jurisdiction at his own discretion (between the judicial authorities at the place of residence of the plaintiff and defendant) if he has minor child. And most often the mother of a newborn makes her choice in favor of the nearest magistrate or district court.

As for the extrajudicial divorce procedure, the registry office department at the place of residence of one of the spouses or at the place of registration of the relationship is authorized to dissolve the marriage and register this event. And since only the wife can be the applicant, the right to choose belongs exclusively to her.

Procedure

Further actions of the spouse(s) will depend on the place of application for divorce.

In a court

Even if there is a mutual desire to end the marital relationship, one person must file for divorce. And it will be the wife, since the husband is in this right temporarily limited by law.

The plaintiff is required to do the following:

1. Select an authorized judicial body (the determination of jurisdiction is described above).
2. File a claim.
3. Prepare documents.
4. Pay the state fee.
5. Submit papers to court.
6. Appear at the hearing on the day and time appointed by the judge (this is not necessary - you can send a request to consider the case in your absence or take part in the proceedings in absentia, transferring part of your powers to a representative)
7. Receive an extract from the court decision.
8. Visit the registry office and declare the need to register a divorce.
9. Pay the state fee.
10. Obtain a divorce certificate.

Points 8–9 are carried out by each of the spouses, and responsibility for them can be transferred by them to voluntary representatives on the basis of written authority (power of attorney).

Also, former spouses have the right. But this will not save them from the need for a personal visit to the authority. And since there is no need to wait to receive the certificate (it is issued on the day of application), no special meaning send a separate email request.

At the registry office

If the divorce takes place in unilaterally, at the request of the spouse of a person serving a prison term, incompetent or declared missing, she does not need to go to court.

The applicant's actions will be as follows:

1. Preparation of necessary documents.
2. Visit to the registration authority civil status.
3. Writing an application for divorce.
4. Submitting an application and documents for verification to an authorized employee of the department.
5. Receive details and pay state fees.
6. Submitting the receipt to the registry office for reconciliation.
7. Repeated visit to the place of application on the day appointed by the authorized employee.
8. Participation in the procedure for registering a divorce (confirming your intentions, signing papers, etc.).
9. Obtaining a divorce certificate.

In this case, an application for divorce can be submitted through the Unified Portal of State Services. This will allow you to avoid visiting the registry office twice - the spouse will need to come only after the expiration of the established period to complete the registration and receive a confirming certificate.

Documentation

The items in the mandatory list of papers are determined depending on where the divorce will take place.

What you need to take with you to the registry office:

1. Identification.
2. An extract from the court decision on divorce (if the divorce has already been completed in court, and the former spouses only have to register it).
3. A copy of the judicial act recognizing the spouse as incompetent, missing, or sentenced to imprisonment for a term of three years or more (if the application for divorce is filed unilaterally).

Documents for the court:

1. Identification.
2. Marriage certificate.
3. Certificate from the place of residence (if it does not coincide with the place of registration indicated in the passport).
4. Child's birth certificate.
5. Receipt for payment of state duty.

According to the rules of legal proceedings, the plaintiff needs to make copies of the application and the documents attached to it (except the receipt) according to the number of participants in the case.

Statement of claim

1. Introductory. Contains information about the plaintiff, defendant and judicial authority - full name, address, name.
2. Descriptive. It must indicate the date of conclusion (if the divorce is not carried out according to mutual consent), child's date of birth less than a year old, age and number of other common children (if any), reasons for the spouse’s refusal (if he is against), and other circumstances on which the plaintiff will base his claims.
3. Pleading. Displays the meaning of filing an application - claims. There may be several of them: divorce, collection of alimony or assigning it in a fixed amount, division of property, determination of the place of residence and the procedure for communicating with the child. The validity of your position should be confirmed by excerpts from legislative acts.
4. Applications. Here you will need to list all the documents and evidentiary materials with which the plaintiff argues his claims.

The application must be signed by the plaintiff. Failure to comply with this rule will result in the judge refusing to accept it.

Sample

Application to the registry office

According to Art. 34 Federal Law “On Acts of Civil Status” No. 143-FZ, the application for divorce submitted to the registry office by one of the spouses must include the following information:

• Full name, place, date of birth, place of residence, citizenship of the applicant and his spouse;
• grounds for unilateral appeal (recognition of the husband as incompetent, missing or sentenced to imprisonment);
• details of the marriage registration record;
• the applicant’s passport details and the surname he chooses after the divorce;
• the place of residence of the property manager of the missing person, the guardian of the incapacitated person, or the address of the institution where he is serving his sentence, sentenced to imprisonment for three or more years.

The application at the end is certified by the personal signature of the spouse.

Sample

Price

Payment of state duty is required:

1. For filing a claim in court - 600 rubles;
2. For state registration with the civil registry office - 650 rubles.

The named amounts are established by Ch. 25.3 of the Tax Code of the Russian Federation and are not subject to change up or down. In this case, the payment under clause 1 is made by the plaintiff, while state registration at the registry office is paid by each spouse separately.

If the mother of a child under one year old applies to the registry office, bypassing the court (on the grounds stated above), she pays only 350 rubles.

Deadlines

The timing of the divorce process depends on the procedure and features of its implementation.

If the divorce is carried out through the court:

• consideration - 35 days from the date of filing the claim in the magistrates' court and 60 in the district court (maximum);
• entry into force of the decision - 30 days.

Unilateral divorce in the registry office: 1 month from the date of acceptance of the application.

In reality, the time frame for legal proceedings may be extended. This is due to possible suspensions, postponement of the date of consideration of the case and the need to execute letters rogatory. Plus, according to the law, the judge has the right to assign the parties a period for a truce - up to three months. And parents of a small child are at risk of delaying the procedure.

But, if the interested party doubts the legality of such delays, he has the right to file a private complaint or petition to speed up the proceedings.

Arbitrage practice

The mother of a young child (V. I. Eroshina) filed a lawsuit for divorce from R. D. Eroshina. She explained her decision personal reasons, as well as the spouse’s refusal to voluntarily divorce.

The judge set a hearing date and issued notices to the parties. However, the defendant (Eroshin R.D.) did not receive it and did not appear in the courtroom. The trial was postponed.

The plaintiff expressed doubt about her husband’s good faith, pointing out the fact that he evaded accepting the summons. She drew the judge's attention to the meaning of Art. 119 of the Code of Civil Procedure of the Russian Federation, which allows a hearing to be held without the defendant if there is reliable information about his absence from his last known place of residence. And confirmation of this fact was the return of the summons back to the court due to the expiration of the storage period at the post office.

Taking into account the circumstances and arguments of the plaintiff, the judge appointed for the trial new date and within the specified period satisfied the stated demands - dissolved the marriage and determined the place of residence of the child with the mother.

Difficulties

Difficulties in divorce proceedings mostly arise under the following circumstances:

1. The wife's ambivalent consent. Since filing for divorce within a year after the birth of a child is the prerogative of the wife, the husband is completely dependent on her consent. And it should be expressed not only in words. Irrefutable evidence of the relevant intention is only the filing of a claim in court. The husband must remember that the preliminary agreement in no way obliges the wife to file for divorce or abandon her claims. And this is practically the only insurmountable difficulty of the process.
2. Spouse's failure to appear in court and countering claims in other ways. A defendant who does not wish to reach a general agreement may resort to various kinds tricks to delay as much as possible court hearing, or go even further and create obstacles to the satisfaction of related requirements (division of property, determination of the child’s place of residence, etc.). It can be difficult to provide decent resistance to “skillful” distortion of facts and deliberate delay of the legal process. But it is necessary to do so, and confidently defending your position with a competent presentation of “strong” arguments should help.
3. Unstable income of the spouse. A small child and a mother who is forced to spend most of her time caring for him have the right to count on a certain percentage of the income of the father (former spouse). But sometimes the allocated share is not enough to cover the child’s monthly minimum needs due to the father’s lack of guaranteed stable income or his concealment of it real income. In such cases, during a divorce (or after it), the wife can sue her husband for alimony in a fixed amount (in the form of a fixed monthly payment).
4. Refusal to divorce the mother of someone else's child. We will not belittle the law in our prohibition - divorce at the request of the husband is impossible. And the fact of the presence or absence of a biological relationship between the legal spouse and the child does not change the situation. The only thing a man can do in such a situation is wait for the expiration due date and start challenging paternity. The latter will relieve him of the obligation to provide alimony to his ex-wife and her child. In this case, the spouse will have to prove not only the discrepancy of genetic data, but also the fact that at the time of entering information about the father on the birth certificate, he did not know that the child was not his own.

Only a timely and competent response will help you successfully overcome emerging difficulties. Ill-considered actions, as well as ignoring the problem, significantly increase the risk of developing undesirable and sometimes irreparable consequences.

Who will the child stay with?

This global question is one of the first to arise between spouses. And it’s good if they manage to reach agreement on it. Otherwise, those divorcing will face a dispute that will be resolved forcibly in judicial procedure.

When forming their position regarding the place of residence of a common child, spouses need to consider the following:

1. The rights of parents are absolutely equal and the mother does not have the exclusive right to live together with the child. But in the case of a newborn baby, the scale of justice tilts in her favor for obvious reasons.
2. When considering a dispute about determining the permanent place of residence of a minor, the judge first of all takes into account his rights and interests.
3. It is important for a parent who wants to keep a child to present to the court the advantages of his appointment and prove why the child will be better off with him.
4. A spouse living separately must know that he will be responsible for partial financial support for the child and the parent who will provide constant care for him.

Since the baby himself is not able to express his opinion regarding his future place of residence, the court, when making a decision, will be based on the following circumstances:

1. Physiological characteristics of a newborn - so early age he is highly dependent on the mother, and only her extremely dysfunctional behavior or complete indifference to parental responsibilities can prompt a judge to determine the infant's place of residence with the father.
2. Living conditions of spouses. It is important for a child, especially such a small one, to create optimal comfortable conditions, for life, health and development. And a parent who is unable to provide this to him should not count on living together.
3. Parents' health. Caring for a child requires great responsibility, moral and physical effort. Therefore, it is impossible for a newborn to remain with a parent who does not have sufficient resources for this.
4. Lifestyle of father and mother. Radical measures upbringing, extremely unconventional views on the family and immoral behavior will play in favor of a parent who is far from them. And we are talking here about deviations that threaten health, moral and moral development child.

In other words, an infant under one year old, if the parents divorce by court decision, will remain with the mother, unless she expresses extreme disinterest in this or, due to poor health (physical and mental), is unable to properly care for the baby.

Rights and responsibilities of parents after divorce

Parental rights and responsibilities, as opposed to marital relations, do not stop after the divorce. And every parent should take this into account, regardless of whether he lives with the child or not.

Rights and obligations of the parent with whom the child remains (by court decision or agreement of the parties):

1. Live with the child on a permanent basis at your place of residence or stay.
2. Provide conditions necessary for life, health and comprehensive development child.
3. Do not interfere with the child’s communication with the parent living separately and his relatives.*
4. Coordinate the time schedule of the ex-spouse and the child with him.
5. Promptly and upon request notification of important events or changes in the child’s life (moving, health status, work schedule, etc.).

* - if this does not contradict the legal rights and interests of the minor.

Former spouses should remember that for concealing the location of a child against his will, failure to comply with the legally established procedure for communication with a parent living separately, as well as intentional and unjustified creation of obstacles to their meetings and planned events, they face administrative liability - a fine or administrative arrest.

Rights and responsibilities of a parent living separately:

1. To transfer funds monthly, in accordance with the procedure agreed upon or established by a judicial act, for the maintenance of the child (until he reaches the age of majority) and his mother (until the child reaches three years of age).
2. Participate in additional expenses for the child.
3. Execute parenting intangible nature (education, development, communication).
4. Take the child to your place according to the approved schedule, if under current circumstances this does not objectively violate his interests (the child is not sick and reacts positively to such meetings).

The last point requires special attention and detailed discussion, since Small child It can be difficult to bear even the slightest separation from the mother.

Therefore, when developing a communication schedule, it is important to focus on the interests of the baby, for example, seeing him in the presence of the mother. It is important here not to harm the baby’s psyche and, if possible, to postpone longer individual meetings.

Alimony

The spouse living separately from the child is obliged to support him and the former spouse caring for him.

Per child

Coming of age in Russia occurs when a child reaches 18 years of age. It is up to this age that the parent is responsible for his well-being and in cases separation makes monthly payments in his favor - alimony.

The procedure for their payment and the amount can be determined by agreement of the spouses or in court. It is important to consider:

1. The minimum amount of contributions by law is 1/4 of the father’s income for one child, 1/3 for two and 1/2 for three.
2. When calculating alimony, it is taken into account financial situation and the capabilities of the payer, as well as the presence of other minor children or other persons whom he is obliged to provide for.
3. If the ex-spouse’s earnings are unstable or he receives mostly unofficial income, the mother of his child has the right to file a claim for alimony in a fixed amount, which must be received from him every month.

Alimony paid in a fixed sum of money is subject to indexation - revision in connection with the increase in the cost of living (based on writ of execution bailiff).

Also, monthly maintenance (regardless of the method of calculation) can be reduced even relative to the legal minimum if the payer’s life circumstances have changed, and he objective reasons unable to pay more.

What is the percentage deducted from?

According to Government Decree No. 841, alimony is calculated from the total amount:

• wages;
• salary accrued to state and municipal employees;
• fees;
• allowances, bonuses, rewards;
• pensions (except for those issued for the loss of a breadwinner);
• scholarships;
• temporary disability and unemployment benefits;
• monetary compensation paid in connection with dismissal;
• income from business activities;
• income from rental property;
• dividends, payments on equity shares;
• amounts of financial assistance;
• compensation for harm caused to life and health;
• amounts received under contracts for the performance of work and provision of services.

Additional expenses

The alimony payer may be forced through the court to contribute to additional expenses for children. The reasons for this are exceptional circumstances, such as serious illness child, injury, need to pay for outside care, etc.

If this clause is not specified in the agreement, the interested party has the right to go to court with demands for partial reimbursement of expenses already incurred and future.

By agreement or through court?

A correctly drawn up and executed agreement on the payment of alimony has the force of a writ of execution and, if the spouses have reached a unanimous opinion on this issue, they should focus on its voluntary settlement, namely:

1. Draw up as detailed an agreement as possible on the amount, procedure for paying monthly maintenance, its indexation and other points, taking into account the material, marital status, as well as the list and nature of other obligations he bears.
2. State the text of the agreement in three copies - one for the ex-husband and wife, and one for the notary.
3. Go to the nearest notary office and confirm the written agreement with signatures.
4. Submit the papers for identification.

And only if the dispute between the spouses does not subside, the interested party has the right to file a lawsuit to collect alimony, review its amount and method of payment. Such claims may be filed separately with the magistrate or included in the petition for divorce.

For a spouse living with a child

In accordance with Art. 90 IC RF, ex-wife has the right to receive alimony for three years from the date of the birth of their common child. Based on the principle of analogy (Article 5 of the RF IC), this provision is also relevant for ex-husbands, if they are the ones responsible for caring for the child.

Financial support to the parent with whom the child remains after the divorce is paid from the former spouse, regardless of whether he took out parental leave or not. And it is possible to free yourself from this obligation only after challenging paternity or maternity.

The amount of alimony is determined individually in court, since it is calculated exclusively in a fixed amount of money. In this case, the judge takes into account the degree of need of the recipient and the level of income of the payer, trying to the maximum to satisfy the needs of each of them.

Cases regarding divorce in the presence of a small child are among the most problematic in legal practice. Legislative restrictions, complex related issues and the psychological tension of the moment aggravate an already unpleasant process. Making independent decisions in such conditions is extremely difficult and dangerous, because the fate of a newly born child may be at stake.

In legal practice in the field family law The concept of divorce is often encountered. But the word “divorce” is a more common concept that exists among the people. For the law, this word is synonymous with the termination of a marriage. By termination of marriage, the law understands the termination cohabitation spouses and termination of any family legal connection between them for the future.

At the same time, the law does not consider the possibility of any further cohabitation relationships between persons. In any case, after the divorce procedure, the law will consider cohabitants only as separate subjects of law. Often this concept is in close contact with the child.

Divorce and children - as a rule, unbreakable bond divorce proceedings in family law. At its core, this is the only morally significant component of this kind of process.

In any case, if any misunderstanding arises on the basis of family law, which is quite typical and complex, you should seek qualified advice. family consultation to lawyers.

Our specialists are always ready to help in a variety of difficult situations.

In particular:

• Divorce through the court at the mutual desire of the spouses.
• Divorce in the presence of children.
• Division of property during divorce.
• Support of divorce in the presence of a prenuptial agreement.
• Drawing up a marriage contract.
• Challenging and terminating a marriage contract.
• Divorce when one of the spouses is imprisoned for a period of more than three years.
• Challenging a divorce when the wife is pregnant and when the child is under one year of age.
• Other lawyer consulting on family issues.

Is it possible to get a divorce if there is a small child in the family?

By general rules, the presence of children in the family cannot prevent spouses from getting a divorce. Another question is that this procedure will happen somewhat differently than during a regular divorce. The fact is that if the spouses have a child, his rights to normal support and upbringing in complete family, will also be taken into account during a divorce. Thus, a divorce with a small child will not succeed if he is under one year old, and also if the spouse is pregnant. The only exception to this rule can be a situation in which the child was born dead or did not live to be one year old.

Legal assistance for divorce of spouses with children

Prompt consultation by phone or in the office

Divorce lawyer - help from a specialist in divorcing spouses with children

How does divorce occur when there are children in the family?

According to the law, if a family has children under 18 years of age, the marriage cannot simply be dissolved by the registry office. In this case, the spouses need to go to court and initiate divorce proceedings. This requirement is dictated by the fact that the civil registry office is not authorized by the state to resolve issues regarding with whom the children will remain after a divorce. It is the interests of the child, in this case, that play a significant role in resolving the issue.

At judicial termination marriage, all circumstances that could be relevant to the fate of the child are considered. In order for the court to assign children to one of the spouses, this spouse must have sufficient financial standing to be able to support the child and raise him properly. When considering the possibility of leaving a child with one of the parents, the court must consider the moral and ethical side of his life and determine the safety of the child living with this parent for his developing psyche.

Therefore, if a parent leads an immoral life, takes drugs or alcohol, and does not have a place to live or sufficient income, then he will probably not be able to obtain the right to keep his children.

What is the standard procedure for divorce if there are children?

Each spouse has the right to initiate a divorce. The only restriction exists for the husband. He cannot initiate a divorce if the spouse is pregnant or the child born is under one year of age.

Divorce in the presence of a child is initiated by filing a statement of claim in court. The application must be accompanied by a marriage certificate, as well as birth certificates of all joint children. Also, if the spouses agreed on the division of property and decided the issue of who the children will remain with, then these agreements are also attached to the application. At the time of filing the claim, a receipt for payment is also presented state duty and a power of attorney, if the party appears in court with the help of a lawyer.

In law. In cases of divorce of spouses with children, you have the right to compensation for financial expenses and legal costs, as well as compensation for moral damages, collecting them in court.

About the possibility of divorce if the child is under 1 year old. Our specialists clarified the situation in detail. But, since there are more and more similar cases in legal practice, and the circumstances require comprehensive study, we decided to consider all the nuances. Today’s article is about the details of divorce if the family is raising a child under one year old.

Who has the right to divorce

Protection of motherhood and childhood is provided for at the legislative level. It is believed that the most vulnerable are women carrying a child and mothers raising a baby for up to one year. Therefore, divorce proceedings in this period- it's a delicate matter. While the wife is pregnant or the baby is under one year old, the man cannot file for divorce. His application will simply not be accepted. At the same time, a woman has this right. And if the initiative comes from her, the case will be considered in court on a general basis. Also, there will be no problems if the spouse is not against divorce. But, given the fact that one person is filing an application to the court, her written consent will be required.

The only case when such a statement by a man can be considered regardless of the wishes of his wife is a situation when he assumes that the newborn is not his child. No one can oblige a person to raise children who are not his own. But, in this case, first you need to prove your suspicions in court and obtain changes to the baby’s birth certificate. From the moment you dispute paternity, the child ceases to be common and divorce is possible either in the registry office or in court, depending on other circumstances of the case.

Where to contact

If there are minor children of any age together, all divorce cases are resolved in court. In the registry office, such a marriage can be dissolved only in the cases described in Article 19 of the RF IC. If you have no complaints against each other, and you want to separate as quickly as possible, you should write a statement to the magistrates’ court. In the presence of unresolved issues in relation to children or property - the proceedings will take place in the district court.

Therefore, the application must be submitted to the appropriate authority. General court rules regulate its direction to the place of registration of the defendant. But, in this situation, the plaintiff in 90% of cases will be the wife. The fact that she is raising small child, allows her to file for divorce at her place of residence.

The document must display the passport details of the spouses, information from the marriage certificate (its number, where and when it was issued), as well as data on children’s metrics. In the motivational part, you need to set out in detail why you do not see it possible to live together and ask the judge, on the basis of Chapter 4, Articles 16, 21 of the RF IC, to dissolve your marriage.

It is worth considering that minimum term For a divorce in court it will be 2 months. This is the time from the filing of the application until the decision enters into legal force. But, understanding the whole situation, the judge can set a period for reconciliation at the first meeting, for example, 3 months. Consequently, the divorce process is automatically delayed.

Specialists of the Planet of the Law company point out that in the case of young families who have just had a child, and with it the first difficulties, this judicial strategy is often justified. Over time, things become clearer and easier with the child, and many conflicts disappear on their own. But a long conciliation period is not a panacea. And divorce is often the only way out of the situation.

What can you do to speed up the procedure?

If the court has given you a long period of time for reconciliation, but you clearly understand that further living together doesn’t make any sense, which means the divorce process needs to be simplified as much as possible. Try to agree on everything on your own or through lawyers. controversial issues. Divide your jointly acquired property until you are married and you will not have to pay additional income taxes. Sign a voluntary agreement on child support and the upbringing of common minor children. It is better to secure all agreements with a notary – this will protect against possible problems further. The more issues you resolve in advance, the fewer court hearings will be needed to dissolve your marriage.

What documents need to be prepared for a divorce from a child under one year old?

Regardless of the age of the child, the package of documents for divorce through the court is the same. To begin with, you need to competently write a statement of claim in which you justify your motivation. It is better to entrust this process to specialists so that everything is as correct as possible. The application must be accompanied by:

• Document confirming the identity of the plaintiff (passport), original and copies
• Original and copies of marriage certificate
• Birth certificates of children
• Voluntary agreement about payment of alimony (if any)
• Statement of claim on division of property (if necessary)
• Receipt for payment of state duty

Depending on the circumstances, you may need other documents. For example, a certificate of income for yourself and your spouse, an extract from the house register confirming the fact that the child lives with you, etc. If you carry out all actions in court through your legal representative, you will need a power of attorney in his name.

By the way, original passports must be taken to the court hearing. This is necessary not only to get into the room. During the process, the judge is required to conduct an identity verification.

Additional Divorce Considerations

During the divorce process, it is most often determined with whom the child will live and the payment of alimony for his maintenance by the second parent. If you do not have a voluntary agreement, the court will determine this on its own. Alimony payments for a child, regardless of his age, can be in a fixed amount, shares or paid according to a mixed system. If there is only one child, then 25% of the total income of the parent who does not live with him is relied on for his maintenance. In the vast majority of cases, this is the father.

An important fact that many people miss. Having a child under one year old gives her the right to claim maintenance from her ex-husband for herself. While on maternity leave, the mother cannot work and, accordingly, provide a decent standard of living. It should be borne in mind that, unlike child support, alimony ex-wife are not mandatory and the court will award them only if the man has the ability to pay them. The amount of all income and financial situation of the parties will be taken into account.

In this article, we examined in detail all aspects of divorce with a child under one year old. If you have questions regarding the divorce process, please use our contact form to ask us. The lawyers of the company will provide you with qualified advice and help solve the problem.