Divorce if there are common minor children. Divorce child agreement

You can file for divorce in the presence of minor children both to the registry office and to the court. The general rule is the judicial procedure for dissolution of marriage. In exceptional cases - a spouse serving a prison sentence, his incapacity or an unknown absence - a divorce is formalized through the registry office, even if there are children.

Understandably, in the vast majority of cases, spouses with children need to go through the divorce process. And it should be noted that at the same time it is possible to resolve all other issues related to the dissolution of a marriage - this will be both faster and more efficient. Divorce, division of property, determination of the place of residence of children and the procedure for communicating with them by another parent, alimony - all these issues, if possible, should be settled as quickly as possible. Otherwise, there will be far from one court, and being in a state of divorce will be long and, possibly, problematic.

Divorce through the court: step by step instructions

Legally, spouses have to go through three stages:

1. Preparing and filing an application with the court.
2. Trial.
3. Obtaining a judgment.

To obtain a positive decision on divorce, the consent of only one spouse is sufficient. But if both agree, it will speed up the process.

Preparatory stage

Before preparing an application, it is necessary to determine:

• whether there is mutual consent to the divorce, or whether one of the spouses is against the dissolution of the marriage;
• what questions, besides divorce, need to be brought before the court;
• with which of the parents the child will continue to live, is it possible to conclude an agreement on this matter, or is it necessary for the court to decide this issue;
• where to apply - to the justice of the peace or to the district (city) court.

If mutual agreement is reached, it is necessary to determine who exactly will apply - the wife or the husband. The second spouse will become the defendant. To express his consent to the dissolution of the marriage, he can write a response to the application, file a counterclaim for divorce, or personally (through a representative) declare his consent to the divorce during the proceedings.

In addition to requesting a divorce, you can:

1. Ask the court to determine the specific place of residence of the child (children) and alimony, including by approving the agreement of the spouses in this regard.
2. Demand the division of jointly acquired property.
3. Demand to determine the amount of maintenance that one of the spouses is obliged to provide to the other spouse.

In the absence of applications and requirements for determining the place of residence of children and the payment of alimony, the court independently considers these issues. The division of property and maintenance by one spouse of the other are issues on which the court will decide only if such requirements are voiced. They can be declared not only by the plaintiff, but also by the defendant, therefore, if possible, you must either come to some kind of agreement, or prepare in advance for a litigation - to prove your case and the inconsistency of the spouse's position.

Those issues that can and have been resolved without a trial are formalized by signing the relevant agreements. It is reasonable to involve a lawyer for this purpose. This will protect against the invalidity of agreements, the emergence of controversial issues and legal insecurity.

With whom the child (children) will live, from which of the parents and in what amount alimony will be collected - these questions are decided by the court, even if there is an agreement, but it seems to the court that it violates the rights of the child (children) or one of the spouses. The court will definitely take into account the opinion of a child who has reached the age of 10.

An application for divorce and related claims is filed with the magistrate's court if:

• no dispute about children;
• claims in the division of property of the spouses do not exceed 50 thousand rubles (at the price of the claim);
• there are no other property disputes or the value of the claim on them does not exceed 50 thousand rubles;
• there is no dispute about paternity (maternity), deprivation / restriction of parental rights.

In other cases, you need to apply to the district (city) court.

As a rule, the application for divorce is filed with the court in the place of residence of the plaintiff. This is allowed if:

• spouses are registered (reside) in the same locality;
• minor children (child) are registered and live with the plaintiff;
• the plaintiff, for medical reasons, cannot come to the place of residence of the defendant.

However, the main rule is that the claim must be filed at the place of residence (registration) of the defendant.

Agreements between spouses

In order for a divorce to go through the court quickly and relatively painlessly, many spouses, in anticipation of filing for divorce, conclude agreements on issues that do not require the participation of the court:

1. Children's agreement- their living and maintenance (alimony). If the issue is only about the residence of children, you can limit yourself to writing. The alimony agreement requires notarization and, very importantly, has the force of a writ of execution. In most cases, the agreement on children is complex, including issues of the child's residence, the procedure for communicating with the second parent, alimony payments, and others. Such agreements are certified by a notary.
2. Agreement on the division of property. A written form is required if the value of the property is more than 10 thousand rubles. And it is wiser in any case to apply for notarial registration to give the document a higher legal force. In addition, when dividing real estate, land plots, vehicles, securities and other property (obligations) requiring registration of rights, it is necessary to go through the appropriate registration procedures.

Application preparation

When preparing an application, examples (samples) of such applications can be taken as a basis, which are available on the Internet, on court websites or information boards in courts, as well as below in this article. But they are effective when not. individual features divorce proceedings and claims related to the dispute.

If the application concerns only the dissolution of the marriage, it must include:

1. In the header - the name of the court (data of the justice of the peace), information about the plaintiff and the defendant (spouses) and their representatives (if any).
2. The name of the document is a statement of claim for divorce.
3. In the text:

• information about between whom and when the marriage was concluded (registered);
• how many minor children are married (born, adopted) - full name, date of birth;
• reasons for divorce (briefly, any);
• terms of the marriage contract (if any);
• information on the existence of an agreement on the place of residence of children and the payment of alimony;
• request for divorce from the defendant.

1. List of attachments to the application.
2. Below - the date of compilation, the signature of the applicant.

If there are other requirements, the title of the document is expanded (“on divorce” is supplemented with the wording of these requirements), and the text contains information related to them:

1. If there is a dispute about children (place of residence, alimony), it is necessary to justify why the court should leave the children with the plaintiff, and the other parent should be obliged to pay alimony in a certain amount.
2. If there is a requirement to divide the property, you need to indicate the data on the property (what, when, at whose expense it was acquired, its value), formulate your proposal for the division and justify it. It should be borne in mind that joint obligations (debts) are also subject to division.
3. Claims for the payment (providing) of the maintenance of a spouse after a divorce, as a rule, require medical confirmation. Such alimony is not often awarded, and it can be expected that the defendant will strongly oppose it.

Documents confirming the information specified in it must be attached to the application. The list varies depending on the content of applications, requirements, existence and circumstances of disputes.

Be sure to apply:

• a copy of the claimant's passport;
• a copy of the marriage certificate;
• copies of birth certificates of children;
• agreement on children (if any in writing);
• payment document (state duty - 650 rubles from each spouse);
• copies of the application and applications - for the defendant.

Additionally, you may need:

• documents confirming the reasons for the divorce;
• certificates of income of spouses;
• certificate of residence (registration) of spouses and family composition;
• medical certificates;
• inventory and valuation of property;
• the conclusion of the guardianship and guardianship authorities;
• power of attorney for a representative;
• other documents.

If documents (certificates) cannot be obtained, it is necessary to indicate in the application that a certain fact can be confirmed by such and such a document that is located or can be obtained there. The court will ask for it. In order to receive and attach documents (materials), to summon witnesses or specialists to court, it is necessary to prepare an appropriate petition. It is best to attach it immediately to the divorce application.

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Features of the trial

Litigation follows two procedures:

1. With the mutual consent of the spouses - after a month after the filing of the application, without clarifying the motives for the divorce.
2. If one of the spouses disagrees - also after a month or after 3 months appointed by the court for reconciliation of the spouses.

The accompanying requirements in a divorce complicate the litigation, so it can drag on for many months.

How is the issue of children handled?

The court deals with this issue if the parties have not reached an agreement or, in the opinion of the court, it violates the rights and interests of the child.

Taken into account:

1. Age, mental and physical condition of the child.
2. Opinion of a child 10 years and older.
3. The degree of affection, attitude towards parents and other family members, in particular, grandparents.
4. Relationships in the family in the context of the interests of the child.
5. The ability of each parent to provide the child should be educated, conditions for life and development.
6. The financial condition of the parents, living conditions, lifestyle, work, employment, time that they can devote to the child.
7. Other factors and conditions.

In some cases, child psychologists, teachers, and specialists from guardianship and guardianship authorities may be involved in the trial. The task of the court is not to choose this or that parent, but to choose the conditions in which the child (children) will best live, grow, learn and generally develop.

To declare or not to declare property claims

If a divorce involves a property dispute, it is often better to separate the resolution of the two issues by time or lawsuits. The divorce process, as a rule, takes 1-3 months, which means that after receiving a court decision, it is already possible to build a new family. If, however, a property dispute is being considered at the same time, the court can be very delayed, especially if one of the spouses begins to obstruct.

On the other hand, how the property will be divided may affect the financial situation of the spouses. And this factor is significant for resolving issues about the place of residence of children and maintenance obligations.

It is impossible to give an unambiguous answer to the question of what requirements should be declared along with a divorce. Each situation is individual. But the court will unequivocally decide the issue of the child's residence and maintenance himself, if the parents do not come to an agreement. Everything related to other property and family disputes of the spouses can be settled after the divorce. And, perhaps, even more calmly and successfully than with the dissolution of marriage.

Divorce in the registry office in the presence of children

If there are minor children, divorce is also possible through the registry office, but only in three cases:

1. The husband was convicted and is serving a sentence of imprisonment for more than 3 years.
2. The husband was declared incompetent by the court.
3. The husband was declared missing by the court.

In the first case, it is enough to submit an application to the registry office, attaching a copy of the court verdict and a certificate from the places of detention. In the other two cases, divorce must be preceded by litigation to recognize the spouse as incapacitated or missing. This decision must also be attached to the application.

From a legal point of view, divorce, or dissolution of marriage, implies the end of legal relations between the spouses. At the same time, it does not matter at all whether they have children or not, divorce is possible in any case. Of course, the divorce procedure, if there are children, is a little more complicated. You can not get by with an elementary appeal to the registry office. Even if there is no dispute over how to separate the children, you still need to go to court.

Standard procedure for filing a lawsuit

Before filing a lawsuit, you need to decide which court to apply to. The fact is that two types of courts deal with divorce issues: world and city (district). The Magistrate's Court hears most divorce cases. If you have disputes regarding children, you need to file for alimony, then going to the Magistrate's Court will be the right thing to do. If there are property disputes or, along with a divorce, deprivation of parental rights is required for the father or mother, then it is better to contact the city (district).

The procedure for filing a claim with the court does not change whether you have children or not. He is like this:

1. You apply to the secretariat of the court and ask for a list of documents that you need to provide. Usually this:

• the passport;
• birth certificate of children;
• marriage registration certificate;
• an extract from the house book, which confirms that minor children live with you;
• documents confirming the validity of the claim (evidence).

Be sure to indicate that you are asking for the case to be heard at the place of residence of the plaintiff, especially if the defendant lives in another locality.

If there are children, the law allows this. The divorce process is much easier in this case.

1. Waiting for the appointment of hearings. By law, parents are given 30 days to reconcile. If the claim is not withdrawn, then the plaintiff and the defendant are summoned to court. For the hearing to take place, at least one of them must be present at the meeting. The consideration of the case takes place in working order, the court hears the parties and makes one of the following decisions:

• satisfaction of the claim;
• rejection of the claim;
• adjournment of the meeting to another time.

The court also decides with whom the child will remain and, if an application for the appointment of alimony was filed, approves their amount and establishes the procedure for their payment.

1. If the meeting was successful for the plaintiff, he receives an extract from the court order. With it, he, alone or together with the defendant, applies to the registry office, and the registration authority within 10 days issues the original certificate of divorce to the applicants.

Submitting for alimony

The procedure for filing an application for alimony is similar to filing a divorce suit. Moreover, if there are children in the divorce proceedings, filing a maintenance claim is very appropriate. The court has developed a normal practice when both applications - for divorce and the appointment of alimony - are considered within the same process. The divorce procedure in this case is less painful, since you do not have to go to the same court twice.

But it is not necessary to demand alimony through the court. The law provides for such a procedure when a voluntary agreement on the payment of alimony can be concluded between former spouses. Typically, such a document fixes a fixed amount that the child's maintainer will receive, and not a share of the payer's salary.

Evasion of the payment of alimony is a crime, and a persistent non-payer can always be held accountable. But the obligation to make payments comes from the moment the court order comes into force or from the date specified in the agreement. If, for example, a wife filed for alimony three or four years after the divorce, she cannot claim payments for those years.

The amount of alimony is set by the court depending on the salary of the defendant and the number of children remaining with the other side.

Who has the right to file for divorce

It is usually the woman who files for divorce. There are many reasons for this. In most cases, courts satisfy claims if all the documents collected are in order, and the evidence provided by the plaintiff is convincing.

But there are cases when the husband files for divorce. The divorce procedure, if a man applies, remains the same. However, if his wife is pregnant or has a dependent child under 1 year old, by law he does not have the right to dissolve the marriage. The court will not even accept such applications.

But a woman has the right to file for divorce in any condition. In some cases it is even necessary:

• if the husband abuses alcohol or drugs, abuses the child;
• if he is in psychiatric treatment or is recognized by the court as incompetent;
• if he is serving a sentence of more than three years;
• if he is declared missing.

The rules for divorce remain the same here, but the presence of the husband or his representative at the court is not necessary.

If you have difficulty in divorce

Although the divorce filing form is easy to complete, many plaintiffs have questions at this first stage. There are lawyers who specialize in In what cases should I contact a specialist before filing for divorce? Most likely these:

• if there are doubts about the correctness of writing an application for divorce;
• if additional evidence is required;
• if there is a need to assign alimony;
• if property disputes arise;
• if a counterclaim is filed;
• if the court repeatedly refused to grant a divorce;
• if there are disputes with whom the child should live after the divorce.

Legal assistance and advice may be required especially in unforeseen circumstances, such as when a defendant serving a sentence has been released on early parole and does not wish to recognize a divorce.

In this case, you should find a specialist who knows all the nuances of divorce proceedings. In situations where it comes to the procedure for divorce with children, this may be simply necessary.

Breaking up an unfinished marriage is not always as easy as one would like it to be. Its nuances and features are considered especially difficult, we will consider further.

Where to apply for divorce

The first, and, perhaps, one of the most important questions that worries spouses who have decided to break off their official relationship is what state bodies can help to fulfill their plans. The rights to such actions have three corresponding structures:

• Magistrate's Court.
• District court.
• MARRIAGE REGISTRY.

The whole catch is that it will not work to contact any of the above bodies. Each organization deals with certain cases, so the choice of a government agency should depend on the circumstances and the nature of the relationship between the spouses.

Dissolution of marriage through the magistrate's court

The easiest option for breaking off official relations is the divorce procedure through the court, or rather, through the so-called magistrate's court. Such a development of events is real only if there are no disagreements between the spouses, and both parties recognize their desire to dissolve the marriage. In addition, even before filing an application, the husband and wife must independently resolve all issues and disputes related to the distribution of property. In this case, the total amount of the latter should not exceed 50 thousand rubles.

In time, the fate of the child will be decided, since the divorce procedure in the presence of minor children must fully take into account the interests of small citizens. So, during the meetings will be determined:

• With which of the parents will the child (or children) live in the future.
• The amount of alimony that one of the spouses will be required to pay.
• How will a parent living separately be able to see their child.

Appeal to the district court

If the couple cannot reach a unanimous decision about the future of the marriage, then it is best for her to contact the district judicial authority. This will help the spouses legally agree on the division of joint property (its amount should be more than 50 thousand rubles), as well as on which of them the children will remain with. The divorce procedure through the court in this case can be quite lengthy, since it is not always possible to find a compromise between the applicants the first time. Often, only one of the spouses submits to the state agency, while the second refuses to give consent. In this case, the court gives the couple additional time to think: the so-called conciliation period.

Divorce proceedings through the registry office

Of course, it will be better if the procedure is carried out without going to court. After all, consideration of cases at meetings takes a lot of time. Another thing is when you can apply to the regional registry office. Then the spouses simply leave their application in the right office, and after a set period they come for the long-awaited seals. However, the procedure for divorce through the registry office is not always possible. Termination of unions in this order occurs only in the presence of special circumstances, namely:

• If one of the spouses has a criminal record for more than 3 years.
• If the husband or wife is in the status of a missing person.
• If the court officially recognized one of the spouses as incompetent.

According to the laws of the Russian Federation, if the situation in the family falls under any of these exceptions, a husband or wife can divorce their other half, even when the couple has children in common. Moreover, the age of the child in this case does not play a role.

Documents required for divorce

Both the wife and the husband can apply to the appropriate judicial authority with a test to dissolve the marriage. The procedure for filing an application for divorce is as follows: the spouse (or both spouses) collects a list of all the documents necessary for the process and submits them for consideration. To file a petition for termination of official relations in the presence of children under the age of 18, the plaintiff must present the following papers:

• A copy of the marriage certificate.
• Receipt confirming the payment of state duty.
• Copies of passports of both spouses.
• A statement indicating the reasons for the termination of official relations.
• A copy of the child's birth certificate (if there are several children, then you must submit a document for each of them).

As additional information, agreements on the division of property and a written decision of both parties may be attached, with which of the parents their children will live. Of course, the divorce procedure in the presence of minor children in this case will be much easier.

How is the divorce process

The more disputes have accumulated between the spouses, the longer the court will consider the possibility of dissolving their marriage. After all, first of all, the legislation provides for taking into account the rights and interests of children brought up by a couple. In this situation, they turn out to be third parties who may well suffer from the results of their parents' war. Therefore, as a rule, it is quite lengthy and stretches over several stages.

How the divorce process works is described below:

• First, the plaintiff submits to the judicial authority.
• Then the date of the first meeting is set, the results of which determine the future fate of the spouses.
• If the previous two stages were not enough to find a compromise between the parties, then the court makes a decision to continue the process.

It is worth noting that the divorce process may be completed after the first meeting, or it may stretch for an indefinite number of subsequent ones. During this time, a decision should be made on the division of joint property and the further upbringing of children.

How long does it take to divorce a child

The shortest period that can pass from the filing of an application by the spouse to the complete dissolution of the marriage is 1 month and 10 days. This is explained by the fact that after the execution of a formal petition by the plaintiff, at least 4 weeks must pass before the first meeting. If the agreement between the parties was reached immediately, and the judge agreed to break the family relationship, then you should wait another 10 days until the divorce officially takes effect. Most often, the divorce procedure in the presence of children is not so simple - in the process of considering the case, disputes arise between the spouses, so the decision is postponed indefinitely. If one of the parties expresses its unwillingness to dissolve the marriage, then the court has the right to give the couple time for reconciliation, which cannot be more than three months.

Within 10 days after the verdict on the possibility of registering a divorce, either spouse is allowed to appeal this decision. If this did not happen, then after the specified time, the relationship of the couple becomes officially broken.

The fate of the child after the dissolution of marriage

If the spouses have not come to a consensus in advance about who the children will live with, then the procedure is impossible. This issue will be determined by the courts. At the same time, the decision of a representative of a state body is influenced by such points:

• The opinion of each of the parents about the independent upbringing of the child.
• Financial capabilities of both parties.
• Lifestyle and health status of spouses.
• The desire of the child.

The last point is considered the most important, since it directly takes into account the interests of a small citizen. However, the judge has the right to be interested in the opinion of the child on this issue only if the latter has reached the age of 10 years.

Communication of the child with a separate parent

Any divorce procedure in the presence of children includes an investigation into the future fate of small citizens. It must be determined without fail which of the spouses the baby will live with, and how the other parent will be able to see their child. The law of the Russian Federation establishes that both the mother and the father, regardless of the peculiarities of the divorce, after the official dissolution of the marriage, have the same rights to communicate with the child. The order of visits between the parent and the baby is either discussed by the spouses personally, or established by the court, taking into account their wishes. It is worth noting that close relatives as grandparents also have full rights to see their grandchildren.

If the party living with the child violates the terms of the agreement and prevents the other parent from communicating with the child, then the latter may file a lawsuit in court.

Features of the appointment of alimony

If the divorce procedure in the registry office does not require the resolution of such issues, then the trial usually includes a stage regarding the establishment of payments from the spouse planning to live separately. Child support must be at least a quarter of the parent's income. If there are two children in the family, then the payments increase to a third of the spouse's earnings. Three or more offspring should account for at least half of his budget.

Divorce with a child under 3 years old

On the part of a man, an application can only be submitted if the baby is already 1 year old. Up to this point, divorce is considered possible only if the initiative is taken by the mother of the child. In any case, the divorce procedure in the presence of minor children under the age of 3 years is strictly judicial. At the same time, in order for the plaintiff's application to be approved by state bodies, the written permission of the defendant to dissolve the marriage is required. If the family does not live under the same roof, then this detail may not be required.

When can a marriage not be dissolved?

As mentioned earlier, the age of the child, if the latter is less than one year old, may be the reason for refusing to start the divorce proceedings. The answer of the court will be similar in the event that the wife is at any stage of pregnancy. At the same time, it should be clarified that these laws apply only to the rights of men. A woman is quite capable of filing for divorce, regardless of the age of the baby. However, some situations may fall under the exception: for example, if the spouse does not object to the dissolution of the marriage and confirms this by a written agreement, then the husband has the right to become a plaintiff.

Knowing how the divorce process works will help keep the legal process as short as possible. However, if children are involved in this, then it is better to think again, because by destroying a family, you are destroying their lives.

According to statistics, every second family breaks up in Russia. The divorce of a childless couple is quite easy. All that needs to be resolved is the division of joint property and mutual claims. It is more difficult to get a divorce when there are common children. Rarely do both sides come to a compromise. Therefore, such cases are considered by the court.

Divorce through the registry office

So, you have decided to end the marital relationship and probably faced the problem of how to get a divorce if you have minor children. Article 18 of the Family Code of the Russian Federation (hereinafter - SC) provides for 2 ways:

1. Extrajudicial - by contacting the registry office.
2. Judicial - through the courts of the 1st instance.

Divorce in the registry office with children under 18 can take place unilaterally. This happens when one spouse:

• declared incompetent;
• officially declared missing;
• sentenced to more than three years;
• have a child not born to the current spouse.

The application can be submitted to any division of the registry office. But it is better to do it where the marriage was concluded. A month must pass before the marriage is annulled. This time is given so that the spouses can change their minds. After the divorce, certificates of this are issued.

The application can be written manually or printed on a computer. It should be signed in the presence of a registry office employee. If one divorcing spouse is unable to attend the process, he has the right to separately submit an application, which will need to be notarized.
The application must be accompanied by:

• passports;
• certificates of marriage and birth of children;
• receipt for payment of state duty.

One of these documents will also come in handy:

• a court verdict on the spouse being in the MLS;
• a court decision declaring a person incompetent;
• conclusion on the recognition of a person as missing.

Judicial order of divorce

In case of divorce, you can apply to the world or district court. Jurisdiction determines the nature of the dispute. It is quite natural to ask, how does the dissolution of marriage take place in court?

A magistrate’s divorce proceedings happen when there are no property claims and a dispute between the parties, how the children will be divided. Under certain circumstances, a divorce is issued at the initiative of one of the spouses.

The wife can file a suit in accordance with the established rules in any case. With regards to the husband, family law establishes some restrictions. In Art. 17 of the UK states that the husband does not have the right to proceed with the divorce case during the wife's pregnancy or when the common baby is less than 1 year old.

The justice of the peace has the right to establish a conciliation period for the parties up to 3 months. If they do not improve relations, then the case is considered and a decision is made, which indicates the dissolution of the marriage.
Divorce in the presence of minor children in the district court takes place in 2 cases:

• the amount of division of joint property is more than 50 thousand rubles;
• Spouses disagree about who gets the kids.

The court operates on the basis of the interests of minor children.

After carefully examining all the circumstances, the court makes a decision with whom the child remains. The issue of the order of payment of alimony and its amount is immediately resolved, and the schedule of meetings with the second parent is also established. The side with which the children remain cannot prevent such communication, unless there are aggravating circumstances. These include all situations that pose a danger to a minor. For example, a parent abuses alcohol, suffers from a mental disorder, uses cruel methods of education, etc.

The judge of the district court can also set a conciliation period.

Who do children stay with after a divorce?

The question that worries both parties during a divorce is how are the children divided? Usually each parent only cares about himself. The division of offspring very rarely goes without conflicts and disputes, so this issue is resolved in the district court.
As a rule, the judge chooses the following tactics:

• careful consideration of the case and taking into account the interests of all parties;
• appointment of a period for reconciliation from 1 to 3 months.

Babies who are under 10 years old stay with their mother. This happens in 90% of cases. During a divorce, the child is left with the father, if the latter proves that the mother is unable to provide him with all the necessary conditions.

If complex cases are being considered, the court invites specialists from the guardianship body to a meeting for consultation.

When determining the place of residence of a minor child, the judge relies on the following criteria:

1. The opinion of a child who has reached the age of ten. Facts are taken into account: with whom his sisters or brothers will live, which parent he loves, which of them offended him, etc.
2. The desire of both parents to stay with the children, their arguments and arguments on this issue. The court always specifies why it should educate. Questions are also clarified whether the parent will be able to financially provide for the child, whether he is psychologically ready for this, whether his state of health allows, whether he has any addictions, a criminal record, etc.
3. The financial situation of each party is assessed, including the official salary and additional earnings. It turns out which of the parents will be able to provide a good standard of living, provide education and satisfy the needs of their offspring.
4. Other criteria that depend on the individual case.

After resolving the issue of accommodation, provision, as well as the upbringing of children, the court proceeds to consider the division of property.

Nuances of dissolution of marriage with minor children

When a couple breaks up with a child under 3 years old, many questions arise. It is generally accepted that in this case the divorce is denied. It's not like that at all. Let's clarify some points:

• the court has the right to postpone the case for reconciliation between the husband and wife for a maximum of 3 months;
• the court may refuse to consider the case if the statement of claim was incorrectly drawn up;
• a husband is denied a divorce if the wife is pregnant and the child is under 1 year old.

In other cases, they are always bred. There is a small hitch in a divorce with babies under 3 years old, it consists in this. According to Art. 89 UK A husband and wife must financially support each other. The woman is on maternity leave until the child is 3 years old, that is, she cannot work. Therefore, during a divorce, the husband will be required to pay alimony to his ex-wife too.

If a child is recognized as a disabled person of group 1, then alimony is assigned to him and his mother until the age of majority.

A divorce with two or more children differs only in establishing the amount of alimony. Art. 81 SK establishes the following dimensions:

• 1 child - one quarter;
• 2 children - one third;
• 3 children and more - half of the total income.

It often happens that earnings are irregular, then you can apply for alimony in a fixed amount.
Divorce with minor children can be filed at the registry office at the initiative of one party. This is a quick procedure, as it arises with the onset of certain events - incapacity, a criminal record of a spouse, official recognition of him as missing. If the spouses decide to disperse peacefully and all disputes are settled in advance, then you can apply to the Magistrate's Court. All conflict situations are resolved by the district court. Very serious rights and obligations are involved in the divorce process, so it is better to hire a competent lawyer.

Divorce is a last resort in family life. It can be very traumatic for children. Not in vain, even at the legislative level, there is a period for reconciliation of the parties. And he is appointed in almost every divorce case where small children appear. Everything should be considered and weighed before filing for divorce.