Is it possible to get a divorce if the child is under 1 year old in Russia - how to file for divorce with a small, infant, newborn child

Family law > Divorce > How to get a divorce if you have a child under 1 year old?

At any moment, the relationship between the spouses can deteriorate, and then one of them cannot stand it and will file for divorce. It can be very difficult for a couple who has a baby.

• Often, it is after the birth of the baby that the relationship between spouses deteriorates sharply and the husband (wife) decides to file for divorce.
• However, in this case, the Russian government is trying in every possible way to help the couple in order to prevent the breakup of the family.
• Is it possible for a couple to divorce in 2023 if their child is not yet 1 year old?

Who can initiate a divorce if there is an infant?

Thus, the divorce process can take place:

• On the initiative of the wife. Moreover, the court will not care whether the husband agrees to the divorce or not.
• On my husband's initiative. However, the judge will only accept the application if the wife has also given her written consent to the divorce. If she does not give her consent, then the couple will not be divorced.
• On the initiative of both spouses.

Is it possible to dissolve a marriage through the registry office if both spouses are not against divorce, but they have a child under 1 year old?

No, according to Russian legislation (Article 19 of the Family Code of the Russian Federation), the process of divorce in the registry office is impossible if the spouses have minor children.

In this case, the marriage can only be dissolved through the court. However, this case has its exceptions.

So, according to paragraph 2 of Art. 19 of the Family Code, a spouse has the right to apply for divorce if there is a minor child (children) through the registry office if:

• the spouse was declared missing;
• he was declared incompetent (by court);
• he was sentenced to a term of over 3 years.

Will a man be given a divorce if there is a child under 1 year old in the family or if his wife is pregnant?

According to Art. 17 of the RF IC, a husband does not have the right, without the consent of his wife, to file an application for divorce during her pregnancy or if the child is not yet one year old.

But there is one thing: if the spouse does not mind divorcing her husband, she has the right to submit an application herself. In this case, the process of divorce will take place.

Where should a woman apply for divorce?

An exception is the fact that the husband is declared incompetent, missing, or serving a sentence in prison (then you can submit an application through the registry office).

Which court to go to:

• A woman must apply to the magistrates' court for a divorce if the husband is also not against the divorce and if he has no claims or disputes regarding the child or jointly acquired property.
• A woman must go to federal court if her husband does not want a divorce, he intends to sue her child, he has disputes regarding the further upbringing of the child, or he wants to present his demands regarding the division of property.

How to divorce your wife if you have a child under 1 year old, but your wife also doesn’t mind getting a divorce?

In this case, the spouses must file a joint application for divorce with the court..

Here you need to be guided by Art. 23, paragraph 1 of the Family Code.

According to this provision of the law, spouses have the right to file a joint application to the court, and they are not required to explain the reason for the dissolution of the marriage.

In this case, the marriage will be dissolved no earlier than 1 month from the date of filing the application.

How to divorce your husband if you have a child under 1 year old (according to Russian laws)?

If the woman herself initiates the divorce, then she has no restrictions from the law, even if she has an infant in her arms.

The wife has the right to demand a divorce from her husband at any time. He will even be against eating, they can still be divorced if the woman proves that she cannot get along with the man.

However, the judge will be obliged to take measures to save the family, especially if he sees that the husband sincerely does not want a divorce.

Judges and lawyers understand this, so they advise determined women to think seriously before making such a decision, and also to present serious arguments why they want to separate from their husbands (for example, the spouse began to abuse alcohol, raises his wife’s hand, treats her with disrespect , deprives her of money, etc.).

If a wife initiates a divorce due to her husband’s unworthy behavior, and he denies everything and is generally against divorce, then the woman needs to take care of the evidence base (have witnesses, photos and videos, etc.).

If she does not have evidence, then the court will set a period for reconciliation of the spouses in order to save the family (the reconciliation period is 1-3 months).

If the woman then insists on divorce, then the judge must grant her claim and divorce the couple, regardless of whether the husband is against it or not.

What should a husband do who wants to get a divorce from his wife, having a child under 1 year old? Will they give him a divorce?

He has two options:

1. Wait until the baby is 1 year old, and then try to file an application in court, be sure to ask your wife for consent to divorce.
2. Obtain written consent from your wife for a divorce, or come to an agreement with her and sign a joint statement to the magistrate’s court.

According to Art. 21 clause 1 of the Family Code of the Russian Federation, divorce is permissible even if there is a minor child, but only through the court.

Can a husband file for divorce if the child is under 3 years old?

The easiest way in such a situation is not to obtain the spouse’s consent to divorce, but to write a joint statement to the court with her. Then the whole process will be simplified: there will be no need to divide property or voice the reason for divorce.

However, a man must understand that after a divorce his responsibilities for maintaining and providing for the child will not go away (Article 89 of the Family Code of the Russian Federation).

In addition, if the child is not yet three years old, then the woman is on maternity leave. Accordingly, she does not work, so the responsibilities of a divorced man will also include financial assistance to his ex-wife.

Documents that need to be prepared for the court when divorcing your wife if you have a child under 1 year old

In addition to the wife’s application or a joint application, the following documents must be submitted to the court:

• Marriage certificate;
• child's birth certificate;
• his and her passports;
• marriage contract (if any);
• agreement on the issue of raising a child;
• written consent of the spouse (if the husband submits the application independently);
• receipt of payment of duty.

Is divorce possible if the child is under one year old? In what cases can a judge refuse?

Many people mistakenly think that it is unrealistic for a couple to divorce if they have a child under 1 year of age. However, in reality this is not entirely true.

The judge has the right:

• Postpone the consideration of the case for a certain period for possible reconciliation of the parties. A judge can resort to this practice when the wife initiates the divorce and the husband is against the breakup of the family.
• Refuse to consider the case if the documents are drawn up incorrectly.
• Refuse to grant a divorce if the woman does not give her consent to the divorce process.

In all other cases, the judge is obliged to divorce the couple, especially when the husband and wife file a joint application for divorce, they have signed an agreement on raising a child, on alimony, they have no claims against each other, etc.

There is one nuance that you need to pay attention to: even if the spouse has written consent from his wife that she is not against divorce, this does not mean that he will soon become a free man.

The fact is that a woman can retract her words and change her mind at any time . In this case, the written consent will be revoked, and the spouse will not have the right to divorce as long as they have a minor child.

What to do if the husband forged a document about his wife’s consent to divorce?

In this case, the spouse can file an objection to the claim before the first court hearing of the divorce proceedings or directly during the court hearing.

In a written objection, the woman must indicate the reasons why she does not want the marriage to be dissolved. For example, you can refer to the presence of a joint child.

A woman needs to resort to the same algorithm of actions if she has written a written consent to divorce under pressure from her husband.

Who will the 1 year old child stay with after the spouses divorce?

In Russian practice, a young child often remains to live with his mother. This is due to a strong psychological and biological attachment to the mother.

However, this does not mean that the court will in any case leave the child to the mother, because there are different situations. The final decision rests with the judge.

Summing up, I would like to note this once again: the husband cannot initiate divorce proceedings himself if his wife is against it, and their child is not even 1 year old.

At the same time, the spouse herself can file an application to the court for divorce, regardless of whether the husband is against it or not.

If they fail to achieve harmony in family relationships within the allotted time, then he will decide to dissolve the marriage.

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How to get a divorce if you have a child under 1 year old?

With the arrival of a baby in the family, difficulties, like a litmus test, reveal the degree of strength of the relationship between mom and dad, many do not even reach the age of 1 year.

Is it possible to get a divorce in this case?

Legislation

The official dissolution of family ties is regulated by the Family Code of the Russian Federation, namely the case when the baby is not yet 1 year old, Art. 17 of the RF IC, and the following legislative acts:

• Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15;
• Code of Civil Procedure, art. 220, art. Art. 132-135.

The severance of family ties never happens without reasons, but in the presence of a baby, these reasons and conditions must be quite convincing. There will be no problems if there is a mutual desire to separate, but even in this case it is possible to bring the process to a legal point only through the court, when filing a statement of claim.

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• The matter concerns not only the separation of adults who have already become parents themselves; it is necessary to solve the problem of financial support for the child, as well as his mother, who is not yet able to begin fulfilling her work duty.
• The guardianship authorities, for their part, will take part in court proceedings, ensuring that the interests of the child are not infringed not only in property and financial terms, but also morally: both mother and father must participate in upbringing.
• Art. 19 of the RF IC provides for unilateral divorce, regardless of the presence of children, if one of the spouses:

• recognized by the court as incompetent or missing;
• is serving a sentence of at least 3 years.

On the initiative of the wife

If the spouse or mother of a baby under one year of age wishes, divorce is possible. If there are no glaring circumstances - drunkenness of the spouse, bodily harm, etc., then it is wiser for the woman to wait until the child reaches the age of 1 year, in which case she can freely live with the child in an apartment that does not belong to her.

If living together with your husband is impossible for the following reasons:

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

• Moscow: +7 (499) 110-86-72.
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• drunkenness, rowdy behavior, fights;
• drug addict;
• gambling addiction, etc.,

then you will need to provide evidence of the unworthy behavior of the father and husband. Photos, audio and video recordings, witness statements, and a certificate from the local police officer are suitable as evidence.

At the husband's initiative

Art. 17 of the RF IC does not give the husband the right to initiate a divorce. A father of a family with a child who is not yet 1 year old, with a strong desire to separate from his wife, has 2 options:

• persuade your ex-lover to give consent;
• wait until the baby's 1st birthday is celebrated.

Divorce procedure

If there is a child, the divorce procedure is provided by law only by judicial procedure.

If the relationship between the child’s separating parents allows them to conduct a calm dialogue, then it is better to immediately draw up and attach to the package of papers an agreement on the payment of alimony and on the joint upbringing of the child.

The state duty depends on the volume of problems that the court has to resolve:

• for the actual divorce - 600 rubles;
• for the appointment of child support - 150 rubles;
• if alimony is also awarded to the wife, then another 150 rubles.

There are also nuances in the court’s determination of where to file documents. As a rule, divorce is dealt with by the magistrate’s court at the family’s residence address.

If the total value of the property to be divided exceeds 50 thousand rubles, then the divorce case must be considered by the district court.

The court will accept the documents for processing and set a date for the hearing, at which representatives of the PLO must be present. Usually, divorce and separation are not limited to one meeting; the court is obliged to give the former couple time for reconciliation (most often this period is 1 month).

The court ends with a decision, which is still operative, that is, not entirely final. Judges are given time of up to 5 working days to formulate a final decision. days. The decision must gain legal force, which will take at least 30 days.

If none of the former married couple filed an appeal or cassation, then approximately 1.5 months after the court’s decision, you can come to the office of the judicial authority and receive the decision, as well as an extract from this decision.

Not wanting to pay money to his wife and child as alimony, the husband may try to denigrate the woman in order to deprive her of her rights as a parent.

A judge with an experienced eye can see that the evidence is manipulated, “far-fetched,” in which case an expert examination is appointed. The trial is postponed, and the fee for expert services is paid for by the dishonest dad.

Responsibilities and rights of the party who remains without a child after divorce

The one of the couple who, after a divorce, lives separately from the child, is obliged to pay alimony for the maintenance of his child, as well as for the provision of the other parent caring for their common offspring, until the baby turns 3 years old (Article 80 of the RF IC, Article 256 of the Labor Code RF).

But responsibilities are not limited to material support. In order for a child to develop harmoniously, he must know both of his closest people - both mom and dad.

The visiting parent is also obliged to participate in the development of the child’s physical and mental health, to help the other parent provide a good education, which is impossible if you do not develop abilities - take them to classes, sections, courses.

But a parent living separately also has rights that are often violated by the other party.

• know about your child’s health status, his grades at school, his behavior and problems;
• to give or not to give consent to change of surname, to export outside the country;
• communicate with the child as much as he wishes, and if the other party is against it, then go to court to determine a schedule of visits with the offspring;
• participate in maintenance and education;
• resolve issues regarding education.

When separating, the spouses divorce each other, but for both of them the child remains their own.

File for divorce with a child under one year old: divorce proceedings

RAZVOdis.RU Divorce Divorce and children

The husband does not have the right to file for divorce if:

• spouse is pregnant;
• there is a minor, but the age is less than one year of birth;
• the baby died before birth;
• the child died at one month of age, before his first year of birth.

The law does not limit women's rights. She can file a lawsuit and get a divorce, no matter how old the baby is from birth.

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

Divorce in the registry office

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

Exceptions if the court decision recognizes:

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

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

Divorce in court

Divorce cases go through justices of the peace. The territorial jurisdiction rule is used. The claim must be filed at the place of registration of the defendant. The court considers the case at the place of residence of the plaintiff if two circumstances exist:

• the plaintiff lives with the offspring;
• The plaintiff demands divorce and alimony at the same time.

Divorce cases fall under the jurisdiction of a federal court (district court, city court) when:

• division of property between husband and wife, the amount of which is over 50 thousand rubles;
• a dispute about the place of permanent residence of children, disagreements regarding drawing up a schedule of communication with children.

If the offspring has not reached the first year of birth, we submit a statement of claim to the magistrate. If the circumstances are successful, the court will make a decision within 30 days. The deadline was met so that spouses who entered rashly had the opportunity to change their minds.

Documents sent to court:

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

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

2016 brought changes

If a spouse files a court application, if she has an infant who is less than a year old or is pregnant, the court protects her rights. If the spouse agrees, the marriage bond is subject to dissolution.

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

Lawyers advise supplementing the divorce application with a claim for the collection of child support and a demand for maintenance of the mother until the child reaches the third birthday.

Divorce and newborns

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According to statistics: 90% of children are left to their mothers. There are isolated cases when a child at the age of one month is given to his father through the court. But this is an exception.

Russian legislation provides for equal rights of parents to raise a child. When making a decision, the court takes into account: the personal characteristics of the parents, financial support, and the quality of living conditions.

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

• alimony payment scheme: amount, period;
• schedule for meeting with father: time and duration.

Your agreements on alimony and obligations can be expressed by an agreement on the payment of alimony. The document is drawn up by a notary and signed by both spouses.

Duration of divorce

The duration and cost of litigation depend on the circumstances of the individual case. Citizens are concerned about the timing when the presence of a marriage stamp prevents them from performing a significant legal action: completing a real estate transaction, getting remarried.

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

To notify divorcing spouses of the time of the hearing, the court issues addressed summonses. The time it takes to deliver the notice and the court’s receipt of notification of the delivery of the summons is taken into account. The circumstances surrounding the distribution of correspondence can be called protracted.

Russian courts are overloaded with statements of claim, there are few staff members, so the deadline for preparing a decision is delayed.

We add 10 days for the possibility of an appeal to the days it takes for the registry office to prepare a divorce certificate. Deadlines are increasing.

It is possible for couples who have reached a mutual agreement, appeared in court in person, and have no disagreements on the following points to file for divorce with a child under one year old and get a divorce at the first court hearing:

• the procedure for communicating with the child;
• material support for mother and baby;
• place of residence of the offspring.

Court cases in the presence of unresolved specified circumstances can last two months.

The legislation established reconciliation in order to improve relations between husband, wife and children. Practice shows that the unit of society is often preserved thanks to the period given for reflection.

Features of divorce: the husband is a foreigner

If the husband is a citizen of a foreign country, divorce with an infant or two children is also possible. Proceedings on a claim are opened at the place of residence of the defendant - this is a general arrangement according to the law of the Russian Federation. However, the defendant is a resident of another state. Will you have to go abroad to file for divorce and get a divorce?

The plaintiff, a Russian citizen, has the right to file an application for divorce at her place of registration. The lawsuit states that the foreign husband's last known address was Russia. In this case, the claim will be considered in a Russian court under Russian law.

The Code of Civil Procedure states: a divorce case with the participation of foreigners can be considered by a Russian court in two cases:

• one of the parties has Russian citizenship;
• The plaintiff’s place of residence is Russia.

A foreigner will not be allowed to pick up a child who has Russian citizenship at one month of age, or when the child is already six months old, a year old, and transport him across the Russian border. The state protects the interests of its citizens: the child has the right to know the traditions and be raised in the state in which he was born.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Divorce with a child under 1 year old: step-by-step instructions, documents

Last modified: May 2023

Family law, allowing divorce of spouses by mutual consent or without it, establishes a certain procedure and the necessary list of documents.

If, in the absence of minor children, divorce can take place through the registry office, then in the case of raising minor dependents, the law requires more detailed proceedings in court.

  In some situations, it is impossible to obtain a divorce with a child under 1 year of age.

It is necessary to understand the current provisions of the law that protect the rights of the mother and the newly born baby.

Legal provisions

The general procedure and requirements for the procedure are established by family legislation (Chapter 4 of the RF IC), as well as by the norms of the Code of Civil Procedure of the Russian Federation (in particular, Articles 132-135 and Article 220). The exception is cases of divorce before and after the birth of a spouse, if the initiator of the separation is the husband.

In what cases is divorce impossible?

While establishing the impossibility of divorce for the head of the family, the law does not prohibit similar actions on the part of the wife. Thus, if the child is under one year old, a divorce can only be filed if the spouse files a claim.

If there is opposition from the wife, divorce will not be possible under any circumstances until:

• the infant is under 12 months of age;
• The spouse will submit the application independently.

In any case, the issue will be considered by the court, because before the official separation the couple will have to determine the order of residence, communication, and financing of the child. However, there are exceptions to this rule, when the registry office is authorized to terminate the registration of relations.

Is divorce possible in the registry office?

• The presence of children and their age will not affect the possibility of filing an application at the registry office if circumstances have been established that allow a unilateral, simplified divorce.
• Such situations are defined by Art. 19 of the Family Code and do not limit the right of any spouse to file a divorce at any time, even if there is a newborn:

• incapacity of the second spouse previously established by the court;
• recognition of a person as missing or dead (you will need to wait for the court decision to enter into force);
• the second partner was sentenced to a term exceeding 3 years, to be served in prison.

The above situations are the only options that allow dissolution of marriage without the consent of the other half, regardless of the age and number of common children.

To file a unilateral divorce, the spouse initiating the procedure must fill out an application form in accordance with the established form, justifying the termination for one of the above reasons. In addition to supporting documents, a receipt with a paid fee of 350 rubles is attached to the application.

After the time specified by law (after 30 days), the civil registry office will prepare a decision on termination, make a new entry about the termination of registration and issue a confirming certificate. If the divorce is unilateral, the personal presence of the applicant is mandatory.

After a change in marital status, the spouse will be able to apply to the court to determine a number of issues related to the termination. Controversial issues may include differences of opinion regarding the place of definition of a child, the order of communication, upbringing, and maintenance.

Description of the procedure

In the text of the application for divorce on the initiative of the mother, they indicate the specific reasons that prompted the separation from the partner, as well as provide evidence of their words. To shorten the time for making a decision and get rid of the additional deadline, it is necessary to indicate in the application itself that reconciliation with the husband is impossible.

1. When faced with the difficulties of family life after the birth of a child, family lawyers recommend waiting a while, because the emergence of new worries often destroys the usual way of life, leading to frequent quarrels and misunderstandings.
2. With the exception of this fact, the entire divorce process takes place in strict accordance with the general rules for termination of registration through the court.
3. Depending on the circumstances surrounding the separation of husband and wife, the place of filing the application is:

If the wife filed for divorce without waiting for the child to turn 1 year old, you need to be prepared for the fact that representatives of the guardianship department at the child’s place of residence may become involved in the divorce procedure. Their task is to ensure that the interests of a young child are respected and his rights are protected.

• judicial district of the magistrate's court at the place of residence of the defendant or plaintiff (the application is submitted if there are no property disputes and the place of further residence of the child has been determined);
• The district court, if the plaintiff intends to achieve a division of acquired property and claims to receive any property or division of family savings, also resolves disputes in determining the parent with whom the child will remain.

The only exception that allows divorce with division of property through a magistrate court is the amount of claims within 50 thousand rubles. If the value of property and savings exceeds the established threshold, the case is transferred to the district court.

Step by Step Actions

• If there are no grounds for unilateral termination under a simplified scheme, only a court can consider a divorce case in the presence of an infant child.
• The basis for accepting the application will be:

• mutual consent of the parties;
• wife's wish.

1. The first thing you need to do if you intend to divorce with a newborn child is to properly compile the text of the application, using the formats and forms established by the court.
2. The requirements for the document are determined by the provisions of Art.

   131, 132 of civil procedure legislation:

The period for reflection and making a final decision is 30 days from the date of submission of the application. The judge, accepting the statement of claim, sets a date for the hearing in advance, inviting interested parties to the meeting.

1. Indication of information about the parties to the process (plaintiff and defendant).
2. Information about common children (full name, date of birth, address of residence).
3. The reasons that served as the basis for the dissolution of family ties.

The document is accompanied by appendices that convincingly demonstrate the validity of the plaintiff’s appeal (personal documents of the parties, certificates of children, marriage certificates with the defendant, and, if available, a settlement agreement reached between the spouses regarding minors, a certificate of the child’s place of residence).

For divorce in court, a state fee of 600 rubles is established. The exact value of the payment is established in accordance with Art. 333.19 tax law.

The place of consideration of the case is the court (district or magistrate), determined taking into account Art. 23-24 Civil Procedure Code. According to Article 29 of the same legislative act, the plaintiff and her child have the right to go to court at their place of residence if the addresses of the defendant and his wife do not coincide.

• After accepting the application, the judge sets a date for the hearing.
• The step-by-step instructions include the following stages of the judicial procedure:

• acceptance of a claim;
• preparation for the trial at the preliminary hearing;
• the main trial with the hearing of the parties and the presentation of evidence.
• issuing a divorce decree.

1. Read more: Is it possible to get a divorce without a marriage certificate?

According to Article 66 of the RF IC, representatives of local guardianship may intervene in the divorce process. To confirm their position on the placement of the child, they present a housing inspection report, evidence of the child’s emotional state, and the presence of greater attachment to one of the spouses.

Financial support after divorce

When a wife decides to divorce her husband without waiting for 12 months, the law provides for her right to immediately apply for alimony for herself personally. This measure is enshrined in Art. 91 of the RF IC, extending its effect to the entire period from the moment of divorce until the child turns three years old, when the mother can go to work and have her own earned income.

A decision in favor of the spouse is made only if evidence is presented in court that the defendant’s solvency will allow him to make additional payments to his ex-wife. If alimony for a child is prescribed mainly in the form of a share of earnings, then alimony for a wife is exclusively in a fixed amount.

Recommendations for termination through court

 

In any case, the couple is faced with the need to reach compromises and show tolerance towards other family members. Many married couples separate after their spouses give birth, while others work together to overcome new difficulties that have arisen, only strengthening family ties. For this reason, the court, when considering a request for divorce with an infant in arms, will take into account the possibility of reconciliation and will assign an additional term.

To avoid delaying the moment of divorce, according to Article 22 of the RF IC, spouses must declare the impossibility of extending the marriage and living together as husband and wife.

Evidence will provide compelling reasons for a quick divorce:

• presence of alcohol abuse, drug addiction (certificates from doctors are presented to the court);
• domestic violence, constant beatings reflected in the documents of law enforcement agencies (protocols, police reports, testimonies of neighbors);
• unacceptable behavior that creates increased nervousness and anxiety for both mother and baby (scandals, family disputes in raised voices, confirmed cases of disrespectful relations between family members);
• the husband’s refusal to provide for his wife during pregnancy and while caring for the newborn.

Having been convinced of such circumstances, the court will not offer additional time for reconciliation and will divorce within the minimum period allowed by law.

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Divorce with a child under one year old: according to the Family Code of the Russian Federation

The first year of a child’s life is quite difficult for parents. Sometimes married couples cannot avoid domestic conflicts during this difficult period. The number of quarrels grows like a snowball, and the onset of divorce becomes quite obvious. Is it possible to divorce a child under one year old? Let’s look into all the intricacies of the issue.

Family Code on procedure

The relationship between spouses, as well as parents and their children, is regulated by family law. The Family Code of the Russian Federation provides detailed answers to all questions arising in this area. Divorce with a child under 1 year of age is possible, but the law sets some restrictions on this matter.

Restrictions

• The husband cannot initiate the divorce under such circumstances . This is directly indicated by Article 17 of the Family Code of the Russian Federation. Even with the strongest desire of the spouse to officially end the marriage relationship, he will have to wait until the baby is one year old. The only exception is when the wife gives her written consent to the divorce process. Without such consent, the judicial authority cannot accept a claim for divorce from the husband.
• It is possible to dissolve a marriage in the presence of an infant child, as well as in the case of children of other ages under 18 years old, only through the court. The registry office cannot do this even with the mutual consent of husband and wife. When dissolving a marital relationship, the interests of joint children are always affected, so the court acts in this case as a kind of supervisory body responsible for protecting the rights of minors.

The peculiarity of a divorce with a small child under one year old is that only the wife can initiate the process of dissolution of the family union. The procedure for the court to make a decision on divorce in the presence of an infant child is general, as in all divorce cases.

Often, simultaneously with the filing of a claim for divorce, the spouse files an application for the recovery of alimony not only for the maintenance of the child, but also for his own support. Article 90 of the Law provides this right to the mother.

Who should financially provide for his family during maternity leave, if not the legal husband? That is why the legislator has given the wife such an opportunity to demand financial support from her husband until the child is three years old.

Peculiarities

Thus, the divorce process in the presence of children under one year old has the following features:

No.	Peculiarities
1.	The husband is deprived of the opportunity to file for divorce on his own without the consent of his wife. Only a wife can file for divorce with a child under one year old.
2.	When a wife files a claim, the process follows the general procedure.
3.	The issue can only be resolved in court.
4.	Divorce in the presence of children is inextricably linked with the process of collecting alimony for them.
5.	With the collection of child support, the mother can demand payments for her maintenance until he turns three years old.

How to get a divorce when the child is not a year old? Algorithm of actions

A step-by-step algorithm on how the divorce procedure works with a child under one year old.

Collection of documents

If a woman has made a final decision to divorce, then the first step is to collect a package of documents that will need to be submitted to the court. These include:

• statement of claim;
• applicant's passport;
• Marriage certificate;
• baby's birth certificate;
• receipt of payment of duty.

The originals are presented to the judge along with copies. After examining the papers, the judge returns the original documents to the plaintiff. It is important to reflect in the claim all important points for consideration of the case: Full name. husband and wife, places of their actual residence and registration, date of marriage, date of birth of the child with links to supporting documents, reason for divorce.

Other actions

• After collecting the documents, the state fee is paid. Its size is 650 rubles. Details can be obtained from the court or on its official website.
• The claim, along with the collected documents, is sent to the court. Paragraph 4 of Article 29 of the Civil Procedure Law provides, as an exception, an excellent opportunity for a young mother to file a claim at her place of residence. The reasons for this are clear: the mother has an infant in her care around the clock, and sometimes it is difficult for her to get to her husband’s court station.
• A magistrate is called upon to consider questions regarding divorce. All submitted documents are carefully studied by him. If the husband and wife agree to dissolve the union, then within a month the court makes an affirmative decision. If the spouse completely refuses to divorce, the process can drag on for up to three months. The court gives the spouses time to think in order to preserve the family.
• The hand-delivered court decision, or rather an extract from it, is sent to the registry office for the issuance of a certificate of termination of the marriage relationship. At this stage, the ex-husband and wife, each separately, pay a fee of 650 rubles for issuing a supporting document.

Family relationships are considered officially terminated after a court decision on divorce enters into legal force, i.e. after 10 days.

How is the issue of alimony resolved?

Simultaneously with filing a claim in court for divorce, the mother can file claims for alimony for one child and for her own maintenance. Nothing prevents her from doing this during the marriage. The law allows for the collection of alimony during marriage.

Voluntarily

Article 80 of the Family Law provides for the possibility for parents to formalize an agreement on the obligation to pay child support. If they mutually agree, they can use this method. The agreement must be certified by a notary and has legal force.

This document determines the type of payments, their regularity, the timing of the provision of financial assistance, the details for transferring funds are indicated, and force majeure circumstances may also be reflected.

The amount of payments for a child by agreement of the parents cannot be lower than a percentage of the income that would be established by the court.

Through the court

In the absence of the parents’ desire to draw up an agreement on child support obligations, the child’s mother is forced to go to court to collect alimony for the minor child.

In court, it is important to document the child’s need for financial support from the father. Documents indicating the financial situation of both parents are also presented.

The list of documents sent to the judicial authority is as follows:

• statement of claim;
• applicant's passport;
• baby's birth certificate;
• marriage (or divorce) certificate;
• certificate of cohabitation with the child;
• certificate of mother's earnings;
• certificate of father's earnings.

The law does not provide for payment of a fee for filing a claim for alimony.

The magistrate court considers the case within a month. As a general rule, the amount of alimony for one child is 25% of the father’s total income, for two – 33%, for three – 50%. Exceptions also apply when a fixed monetary amount is assigned. Such cases include the following:

• when the father has no official income;
• when the income received is not regular;
• when the father receives income in foreign currency;
• other cases when it is difficult to prove the amount of profit received.

The rendered decision is sent to the bailiff service, where a writ of execution is formed and sent to the defendant’s employer.

You can collect child support not only from the parent’s salary, but also from his income from business activities, from dividends received, profits from renting out real estate, and even from pensions. If the father is in arrears in child support payments, alimony can be withheld from his income up to 70% each month. The law protects the interests of children by all means and methods.

When the child reaches adulthood, payments stop. Representatives of political parties have repeatedly come up with the initiative to extend the terms of child support payments until the child is 24 years old in connection with his or her receiving a full-time education. However, attempts made so far have not been successful.

Alimony for the maintenance of the child's mother

In addition to collecting alimony for her child, the wife can demand alimony for her own support. To do this, a lawsuit is filed in court. Along with the claim, documents are submitted indicating the need and financial situation of the spouse. There is no need to pay the state duty in such a case, as well as in the collection of child support.

Payments for the maintenance of the mother are always assigned by the court in a fixed amount of money. The size is determined in each case individually. If one mother of a baby is assigned 8,000 rubles, taking into account her financial situation, then the other is assigned an amount of 10,000 rubles. The law does not establish any limits on the size of payments.

It is possible for a woman to collect alimony for her own maintenance only if there is a fact of official registration of marriage. If the relationship is not registered with the registry office, then it will not be possible to demand financial support from the child’s father. Cohabitation deprives a woman of both legal obligations and rights.

You can apply for spousal support during marriage, as well as after divorce.

The period for collecting alimony for the wife is until the child is three years old. The only exception is the entry of a former spouse into a new marriage.

Thus, the divorce process has its own subtleties in the legal aspect. If all restrictions and regulations established by law are observed, spouses can still get a divorce. The collection of alimony for a child under one year old, as well as for his mother, is carried out according to general rules.

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