How is the procedure for divorce in the presence of minor children

To dissolve a marriage that has not taken shape is not always as easy as it would be. Especially difficult is the procedure for divorce in the presence of underage children. Its nuances and features we will consider below.

Where to apply for divorce

The first, and, perhaps, one of the most important issues that worries the spouses who have decided to break their official communication is what public authorities can help fulfill the plan. The rights to such actions have three corresponding structures:

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

The whole hitch is that you can not turn to any of the above mentioned organs. Each organization deals with certain cases, so the choice of the state structure should depend on the prevailing circumstances and the nature of the relationship between the spouses.

Dissolution of marriage through a magistrate's court

The simplest version of the rupture of official relations is the procedure for divorce through the courts, or rather, through the so-called world court. Such a development of events is real only if there are no disagreements between the spouses, and both sides recognize their desire to terminate the marriage. In addition, before the application is submitted, the husband and wife must independently resolve all issues and disputes related to the distribution of property. However, the total amount of the latter should not exceed 50 thousand rubles.

During the trial, the fate of the child will be decided, since the procedure for divorce in the presence of underage children must fully take into account the interests of small citizens. So, during the meeting it will be determined:

• With whom of the parents in the future will live a child (or children).
• The amount of maintenance that one of the spouses will be required to pay.
• How does a parent who lives separately will be able to see the child.

Appeal to the District Court

If the couple can not come to a single decision on the future fate of marriage, then it is best to contact the district court. This will help spouses to legally agree on the sharing of joint property (its amount should be more than 50 thousand rubles), as well as on whom of them will remain children. The procedure for divorce through the court in this case can be quite lengthy, as it is not always the first time to find a compromise between the applicants. Often, only one of the spouses submits an application for divorce to the state agency, while the second refuses to give consent. In this case, the court gives the couple additional time for meditation: the so-called conciliation period.

Divorce proceedings through registrar's office

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

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

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

Documents required for a divorce

Apply to the appropriate judicial body with a breakdown can dissolve the marriage can both the wife and husband. The procedure for applying for a 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 the dissolution of official relations in the presence of children who have not yet reached the age of 18, the plaintiff must present the following documents:

• A copy of the certificate confirming the marriage.
• A receipt confirming payment of the state fee.
• Copies of passports of both spouses.
• A statement indicating the reasons for the dissolution of official relations.
• A copy of the child's birth certificate (if there are several children, it is necessary to submit a document for each of them).

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

How does the divorce proceed?

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

How the divorce procedure occurs is described below:

• First, the plaintiff is submitted an application for divorce to the judicial authority.
• Then the date of the first meeting is appointed, the results of which determine the future fate of the spouses.
• If the previous two stages were not sufficient to find a compromise between the parties, the court decides on the continuation of the process.

It is worth noting that the divorce proceedings may end after the first meeting, but may also stretch for an indefinite number of subsequent ones. During this time, a decision should be made to divide the joint property and further education of children.

How long does the divorce with the child last?

The shortest period that can pass from filing a spouse application before the full dissolution of the marriage is 1 month and 10 days. This is due to the fact that after the formal application by the plaintiff before the first meeting must pass at least 4 weeks. If the agreement between the parties was reached immediately, and the judge agreed to break the family relations, then it should wait another 10 days until the divorce officially enters into force. Most often, the procedure for divorce in the presence of children is not so simple - in the process of the case, there are disputes between the spouses, so the decision is postponed for an indefinite period. If one of the parties expresses its unwillingness to dissolve the marriage, the court is entitled to give the couple time for reconciliation, which can not be more than three months.

Within 10 days after the sentencing on the possibility of registering a divorce, any one of the spouses is allowed to appeal this decision. If this does not happen, then after the specified time, the couple's relationship becomes officially broken.

The fate of the child after the dissolution of marriage

If the spouses do not come to a common opinion about who the children will live with, the procedure for divorce through a registry office 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 moments:

• The opinion of each of the parents about the independent upbringing of the child.
• Financial opportunities of both sides.
• Lifestyle and health 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 child's opinion on this issue only if the latter has reached the age of 10 years.

Communication with a single parent

Any procedure for divorce in the presence of children involves a trial in the matter of the further fate of small citizens. It is mandatory to determine with which of the spouses the child will live, and how the other parent will be able to see his child. The law of the Russian Federation establishes that both the mother and the father, regardless of the characteristics of divorce, after the formal dissolution of marriage have the same rights to communicate with the child. The order of the parent's visits to the baby is either discussed by the spouses in person, or is established by the court in the light of 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 communication of the other parent with the child, the latter can file a claim with the court.

Features of the assignment of alimony

If the procedure of divorce in the registry office does not require the resolution of such issues, the trial usually includes the stage concerning the establishment of payments by the spouse planning to live separately. Alimony for one child must be at least a quarter of the income of the parent. If the family has two children, the payments are increased to the third part of the spouse's earnings. For three or more offspring should account for at least half of his budget.

Registration of divorce in the presence of a child under 3 years

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

In which cases can not the marriage be terminated

As it was said earlier, the reason for refusal at the beginning of the divorce process can be the age of the child, if the latter does not have one year. Similar will be the answer of the court and in the event that the wife is on any term of pregnancy. At the same time, it is worthwhile to clarify that these laws only affect the rights of men. A woman is quite capable of filing for divorce, regardless of the age of the baby. However, some situations may be subject to an exception: for example, if the spouse does not object to divorce and confirms this in a written agreement, then the husband has the right to become a plaintiff.

Knowing how the procedure of divorce is going on will help to minimize the legal process as much as possible. However, if children are involved in this, it is better to think once again, because destroying the family, you destroy their lives.