Dissolution of marriage in the presence of minors: documents, procedure

Divorce is an unpleasant and often painful procedure. Especially in this situation, children suffer. Adults or very young children - they are equally strongly affected by the separation of their parents. It's very difficult for a little person to explain that his guilt is not here. It happens that love passes. Or one of the parents becomes unbearable for another. For children, mom and dad will always remain ideals. With them, the child will always take an example. So it's worth keeping a "face", even when it's very bad and cat scratching on the soul.

When the marriage bursts at the seams

When you divorce, children not only break down the psyche (especially if the child has already reached the puberty period), but also the idea of the world around in general and the institution of the family in particular. So, before making such a decision, it is worthwhile to think many times and weigh the pros and cons. If life with a former partner is more or less possible, then it is worth trying to level the relationship and reach some compromise, at least for the sake of children. After all, they are not to blame for the fact that my father and mother are separated from each other and no longer speak the same language.

To date, most psychologists advise on family and marriage. A competent specialist can smooth the conflict and establish communication bridges between spouses. The only thing that should be paid attention is whether the psychologist himself was in such a situation. It's easiest to give advice from the outside. Recall that the best advice on the education of children give those who do not have them.

An alternative is "walking around the pasterns." Wise men, fortunetellers and other clairvoyants are acting according to the same scenario - they are excellent psychologists. Quickly catch what the subconscious mind wants to come to them, and say what the client wants to hear. If the method proves effective and the marriage is saved, it is only better for the family.

If, however, to continue life within the framework of an established union is impossible, the procedure for the dissolution of marriage in the presence of underage children will be observed as follows.

Where to go to get divorced

When there are no children in the marriage or they have grown up and live an independent life, the divorce occurs through the bodies of the registry office. In some cases (when dividing property, for example) through a court. Problems arise if there are underage children in the union.

If there are minors in the family, divorce occurs only through a court. Even if the couple has settled all the main points (alimony, division of property, children's living, meeting with them), the dissolution of marriage in the presence of minor children is made only in court. The latter is determined according to the residence of the defendant. Suppose the defendant comes from Samara, but lives in Volgograd. The statement of claim must be submitted to the world judicial district of the city of Volgograd.

What to write in the application

In the application for the dissolution of marriage in the presence of minor children (sample application is presented below), in addition to the basic information (the date of registration of the marriage, the time when the joint venture is not being conducted and the reasons for the termination (often, the reason is not indicated, it simply states that the joint life is no longer Possible)), the number of children is indicated. The main point is with whom the child remains, how will the meetings with him, the size or consent for the payment of alimony.

The latter is a very painful moment for both sides. After all, if before the trial between the spouses there is no agreement or an agreement is made on the payment of alimony, the court will independently decide.

Alimony. Which ones to choose?

The Family Code offers two forms of "children's money": a share and in a firm monetary amount. What's the Difference? In the earnings of a parent who left the family.

If he has a stable, stable income, you can apply for a share. Depending on the number of children, the court will give an obligation to pay 1/4, 2/3 or 1/2 of official earnings.

But if the parent changes the place of work with enviable periodicity, has an addiction to gambling, earns money in kind, foreign currency, does not want to work at all, or does it unofficially, more profitable and more reliable - a fixed amount of alimony. For what? In order to know: whatever happens to the material side of your former second half, the compulsory payment she will have to make.

In other words, if the dissolution of marriage in the presence of minor children occurs in court, where the court appoints the defendant monthly alimony in a fixed financial amount, say 15,000 rubles, then "go naked, crackers chew," but give the child the last piece.

How shall we divide?

The next pressing question: the amount of alimony. If the shares are clear (the size depends on the earnings), then it's a little more complicated. And I want to "profit", and to remain with nothing - the prospect does not please. Life shows that the miser pays twice, and therefore do not be greedy. If there is a certainty that the "expelled" parent of the stars is not enough from the sky, then you should not ask the court to assign him an alimony payment of $ 50,000, when the maximum that he can earn is 20 kopecks, half of which, and Then more, will go to domestic needs.

You need to ask for it proportionately, so that you do not offend the child, and do not let the grief-parent in the world go. Otherwise, the dissolution of marriage in the presence of minor children will occur completely under the control of the court. And the amount of alimony will be indicated by the judge, according to his conclusions.

Dissolution of marriage in the presence of underage children. Documentation

It is necessary to collect the following documents:

• The statement itself in triplicate (the court, the defendant and the plaintiff);
• Paid state. Duty (original receipt);
• Birth certificates of children (copies), the original is provided to the judge during the process;
• Certificate of marriage registration (copy and original).

Then the court will invite the process to the process, in which it will be indicated, time, place and judge.

Waiting time

In itself, the procedure for dissolving a marriage in the presence of minor children can be delayed in time if the defendant is not notified or the agenda reaches him, but he decides not to appear in court. In addition, the Family Code gives the judge the right to appoint spouses time for reconciliation (from one to three months). But even if all the stages are passed, then after the judge's decision to dissolve the marriage, the parties will have another month for his appeal. So if you suddenly need a divorce, it will not work out quickly. Terms of dissolution of marriage in the presence of minors can stretch from one to five months. Naturally, all this is considered within the framework of an alliance that has underage children.

What will the court decide?

Anyway, the dissolution of marriage in the presence of minor children will happen - it's only a matter of time. Even if one of the parties is very against, it will not be able to influence the outcome. The only correct option is to collect the will into a fist and go out with the least losses for yourself and your child.

If for some reason the decision of the court is not clear, then within five days you can request a reasoning part, where it will be described in detail, why the judge took a decision.

Dissolution of marriage in the presence of minor children (a sample court decision is given below) does not always end badly. It often happens that the spouse has divorced, but continues to live in the same family, on the same territory as before.

Instead of concluding

Summarizing all of the above, we can say that the procedure for divorce is expensive, not only materially, but also emotionally. The division of property may not show the best of both partners, reveal their true nature. So divorce should be with a cold head and with self-respect.

And it is better to try to avoid the collapse of the family. In the end, a child for his normal development, for the emergence of a person needs mom and dad next to, and not separately!