Divorce with three children - how does it go?

Divorce is always stressful for a family, especially when there are many children growing up. The process of divorcing a large family is almost no different from the divorce of a family with only one child. However, a divorced mother of many children is entitled to some benefits. We will talk about this in detail in the article.

If the spouses have at least one child together, and even more so if there are many children, the divorce case is considered by the court. There are several exceptions to this rule. Divorce of marriage is carried out by the civil registry office at the request of one of the spouses, if the second:

• disappeared more than a year ago and this fact was established by the court;
• declared incompetent by the court;
• was found guilty of a crime by the court and sentenced to imprisonment and at the time of filing the application was not released from punishment (due to amnesty, illness, parole and other reasons).

In these cases, the number and age of children in parents with many children does not matter.

On a note! The Civil Registry Office will dissolve a marriage in these cases only if there is a court order. If the spouse does not want to go to court with a request to recognize the husband/wife as missing or incompetent, but wants to get a divorce, the case must be considered by the court.

Divorce through the Civil Registry Office: step-by-step instructions

• In order for a large family to get a divorce in the Civil Registry Office, you need to follow the following algorithm.
• First, file your divorce petitions.

Secondly, pay the state fee in the amount of 350 rubles. (pays only the person who submitted the application).

Thirdly, submit an application to the Civil Registry Office at the place of marriage or residence of the spouse. The application can be submitted in person or through the State Services portal.

Next, come to register your divorce and receive the appropriate certificate.

If the marriage with a convicted person is dissolved:

• with his consent, the convicted person draws up a separate application for divorce, his signature is certified by a notary or the head of the colony. The convicted person gives this statement to the husband/wife during a personal meeting or sends it by mail;
• If the convicted person does not agree to the divorce, he does not send anything to the Civil Registry Office. His consent is not required by law - a simple notification is sufficient.

Divorce through the court: step-by-step instructions

First, file a petition for divorce.

Secondly, pay the state fee in the amount of 600 rubles. (if no other requirements other than termination are stated).

Thirdly, submit an application to the court. The application can be submitted deliberately through the office or by post.

This is followed by a series of court hearings, following which the court makes a decision.

At the end, receive a court order and wait for it to come into force.

With the judicial act, go to the Civil Registry Office to obtain a divorce certificate. Please note that for this action you must also pay a fee of 650 rubles. from each divorced spouse.

Which court will hear the claim?

Divorce proceedings are administered by general jurisdiction - magistrates and district courts.

As a general rule, divorce cases fall under the jurisdiction of the magistrate. The district court considers divorce cases as the first instance only in the following situations:

• there is a dispute between the husband and wife about the children (for example, the issue of the child’s place of residence or the order of communication with the other parent has not been resolved);
• together with the claim for divorce, a claim was filed for division of property worth more than 50,000 rubles;
• Along with the claim for divorce, a claim for deprivation of parental rights was filed.

The territorial jurisdiction of the dispute is determined based on the following provisions:

• the general rule is that the claim is filed in court at the defendant’s residential address;
• if the residential address is unknown - at the last known address or at the address where the defendant’s property is located;
• if the defendant is sentenced to prison, you should go to court at his last address of residence before imprisonment;
• if children live with the plaintiff or his health excludes the possibility of moving, you can file a claim in court at the plaintiff’s residential address;
• by common agreement, the spouses can choose a court at the residential address of any of them.

What documents are required for a divorce from a large family?

For divorce proceedings, a large family will need a statement of claim (if the marriage is dissolved by the court). The application must include the following information:

• about the time and place of marriage;
• about the number and age of minor children;
• about the presence or absence of a dispute about the place of residence of children, the procedure for communicating with them and their financial support;
• about whether the desire to dissolve the marriage is mutual;
• if one party is against divorce, what causes the desire of the other party to break off the family relationship;
• Are there any other requirements (about the division of property, about creating a schedule for communicating with children, etc.).

The following documents must be attached to the statement of claim:

• marriage certificate;
• children's birth certificate;
• documents on the amount of income of both spouses (certificate 2-NDFL, certificate from place of work, etc.);
• alimony contract, agreement on communication with the child and other agreements, if any;
• evidence of the circumstances that the plaintiff indicates in the application.

If there are grounds for termination through the Civil Registry Office:

• application for divorce;
• passport;
• Marriage certificate;
• a copy of the court decision certified by the official blue seal on depriving the spouse of legal capacity, declaring him missing or sentencing him to imprisonment.

Who will the children stay with after the divorce of parents with many children?

In case of divorce through the Civil Registry Office, this issue does not arise - it is obvious that the children remain with the spouse initiating the divorce.

During a judicial hearing, the issue is decided by the judge individually. Often children stay with their mother, but this does not mean that the mother is a priority for the children over the father. The decision to hand over children to the mother is usually dictated by the need for breastfeeding, a closer emotional connection, and the woman’s ability to devote more time to raising children.

In any case, the court primarily considers the interests of young children. That is why their opinion (if the child can express it) will be taken into account by the court.

It is also important whether each parent is ready to keep their children. If only one adult agrees to this, then the children will most likely be handed over to him.

When making a decision, the court will carefully examine:

• living conditions of each parent;
• their income level;
• the possibility of actually raising children;
• relationship between parent and children.

Important! After the court determines with whom the children will live, a schedule of communication with the children of the second parent is drawn up.

A schedule is a relative concept. This may be a schedule in the literal sense, or it may be a regular agreement on free communication at any time. It is important that this time of communication with the other parent is convenient for all family members. When drawing up the schedule, the following are taken into account:

• wishes of children and parents;
• mom and dad's work schedule;
• children's busy time;
• children's daily routine.

Features of divorce with children under one year and under 3 years old

The procedure for divorcing the parents of a baby is no different from that described, with the exception of one rule.

Important! The husband is prohibited from initiating divorce proceedings while the child is in the womb and for a year after his birth (even if the baby died before reaching 1 year old), unless the wife herself wants a divorce.

If the husband does file for divorce, his application will not be considered. After the child turns 1 year old, the husband has the right to apply for a divorce again.

Consequences of divorce in a large family

What can a non-working mother of many children count on after a divorce?

• child support;
• a mother raising a child under 3 years of age can demand alimony for her own maintenance;
• general benefits and payments - for pregnancy and childbirth, a one-time benefit at the birth of a child, a monthly care allowance for up to 1.5 years, etc.

In addition, a divorced mother with many children has some benefits:

• protection from dismissal until the child reaches 14 years of age;
• the right to part-time or part-time work;
• the right to refuse work trips to another locality;
• the right to refuse night shifts and overtime work;
• the right to receive housing under the “Young Family” program (if the mother or father of many children is under 35 years old).

Is the status of a large family maintained after a divorce?

This issue is regulated by regional legislation. As a rule, the status of a large family is retained by the parent who lives with 3 or more children under 18 years of age (or up to 23, if they are studying full-time at a university) and raises them.

How to survive the divorce of a marriage with three children?

Divorce is a difficult matter psychologically, morally, financially, and even physically. Describing their state on the day of the divorce, people often say that “they couldn’t carry their legs,” “they couldn’t think straight,” “they couldn’t raise their hands to sign the document.”

Divorce is especially difficult for those who have lived together for more than one year and who have children in the marriage. With two or three children, it is more difficult to decide to divorce than with one child. But sometimes circumstances develop in such a way that saving the family is impossible.

In such cases, you need to know how to divorce with minimal losses for yourself and your children.

Where can you get a divorce if you have three minor children?

The law determines that spouses who have common minor children can only divorce in court.

Typically, the court decides not only the issue of declaring a marriage dissolved, but also issues of alimony for minor children and – sometimes – the ex-spouse and adult children, issues of division of property and issues of with whom the children will live and in what order to communicate with the parent living separately.

Even if a notarized agreement on all these points is concluded between the spouses, the court may revise these agreements in whole or in part if it considers that the rights of one of the spouses or children have been violated by the terms of the agreements.

If one of the spouses is missing, for which there is a valid decision of the judicial authority, incapacitated, for which there is also a judicial act, or sentenced to imprisonment for more than three years, then the second spouse has the right to apply for divorce to the registry office.

To do this, it is not necessary to appear in person at the registry office, but to submit an application through the electronic portal of public services or through the MFC.

The registry office has jurisdiction only over the issue of divorce, and issues of determining the place of residence of children, alimony support, and the procedure for communicating with children must be resolved in court.

The law limits the husband's right to demand a divorce in the following cases:

• If the wife is pregnant,
• If one of the children is under one year old,
• If a child was stillborn in the family or died in infancy, and less than a year has passed since the birth.

The wife's right to demand a divorce is not limited by any conditions.

How to divorce?

A written application for divorce must be submitted to the court - either unilaterally (if the second spouse objects to the divorce) or jointly (if both spouses have come to the conclusion that it is impossible to save the marriage and restore family relationships). If a spouse submits a joint application in the absence of the second spouse, then the signature of the second spouse must be notarized.

The application must indicate:

• Time and place of marriage registration,
• Presence of children and their dates of birth,
• The requirement to dissolve the marriage with justification for the reasons for such a decision is the main requirement,
• The requirement to determine the place of residence of each child,
• The requirement to determine the procedure for communicating with each child and participating in their upbringing,
• The requirement to determine the procedure for taking children abroad,
• The requirement to determine the order of support for each child and, possibly, a needy spouse.

It is also necessary to attach a receipt for payment of the state duty to the package of documents. The receipt can be obtained from the court office or downloaded from the official website of the court. You can pay it at a branch of any bank, through the account holder’s online bank, or through other payment systems.

In addition, the process may consider issues of restriction of parental rights or deprivation of the defendant’s parental rights.

The court may limit the parental rights of a parent if he

• Suffering from mental illness
• Suffering from a severe chronic somatic disease,
• I found myself in a difficult life situation - I was left without housing, without work,
• Got into other circumstances that prevented the proper performance of parental responsibilities.

It is permissible to deprive a parent of parental rights in the following cases:

• He evades parental responsibilities - does not support the child, does not care for him, does not participate in his upbringing and education,
• He refuses to take the child from a medical organization, boarding school, sanatorium, or other institution where the child is placed due to his state of health, his mental or emotional state,
• He abuses his parental rights, for example, preventing the child from attending school, not seeking medical help for a sick child, forcing him to engage in illegal activities,
• He abuses the child
• He committed a crime against the person against one of the family members, about which there is a corresponding court decision (conviction),
• He suffers from chronic alcoholism or drug addiction.

Reasons for divorce may include the following:

• Marital infidelity
• Family violence
• Child abuse
• Spouse's antisocial behavior
• Pathological dependence of the spouse on alcohol, drugs, games,
• Anti-family behavior of the spouse.

Video, photo, audio evidence, written documents, witness statements and other acceptable materials can be used as evidence.

Your demands for determining the place of residence of each child must be justified primarily on the basis of the interests of the children themselves. Please note the following:

• Housing conditions offered to children
• Psychological atmosphere in the house,
• The opportunity to provide children with adequate care and supervision,
• The opportunity for children to freely and within a reasonable period of time reach an educational organization and additional children's education organizations,
• The number of people living in the house and the quality of their relationship with the child,
• Child's relationship to parent.

It is unacceptable to use the right to live with children as a lever of influence over the ex-spouse and to prevent children from communicating with the second parent out of feelings of revenge, hostility towards the ex-spouse and other personal motives.

When determining the order of meetings with the children of a separately living parent and the extent of his participation in raising children, one must also proceed from the interests of the children and the quality of influence on them from the separately living parent. The personality of the parent and the characteristics of his relationship with each child must be taken into account.

In some cases, the court will allow the second parent to have contact with the children only in the presence of the first (cohabiting) parent and for a limited amount of time.

But in normal parent-child relationships, a separately living parent often takes children to his place on weekends, holidays and vacations, goes on vacation with them, comes to the children for family holidays or invites them to his place, communicates freely with them by phone and the Internet, and the same is done by close relatives of the separated parent - the children's grandparents, aunts and uncles, cousins, and so on.

Alimony is collected for each minor child from the separately living parent. They are also exacted from an adult disabled child who is unable to work. In addition, a spouse who is left with a child under three years of age or with a disabled child in need of care can apply for alimony.

The following documents are attached to the application for divorce:

• Copies of spouses' passports,
• A copy of the marriage certificate,
• Copies of children's birth certificates,
• Evidence of the circumstances that caused the divorce
• Evidence - justification for the choice of place of residence for children (documents on the right of ownership or possession of residential premises, an act on the inspection of living conditions, documents from educational institutions indicating their addresses, an extract from the house register, etc.),
• Evidence – justification for determining the order of meetings with children of a separate parent,
• Copies of the statement of claim according to the number of persons participating in the process,
• Other documents that the spouses consider should be included in the materials of the divorce case.

Interested people can come to the court and participate in the process as third parties. For example, grandparents can come and make their own demands on determining the order of meetings and the conditions of communication with their grandchildren.

The court gives the spouses a month to reconcile and establish family relationships. In some cases, the court dissolves the marriage on the day of the first court hearing, for example, if one of the spouses is socially dangerous, aggressive, inadequate, and continued presence with him is dangerous for the physical and mental state of the second spouse and/or children.

What to do after a marriage is declared divorced

After the court decision on divorce comes into force, you need to obtain a divorce certificate from the registry office and start a new life.

If a woman is left alone with her children, she can go to a crisis center, where psychologists and lawyers will help her, where she can get volunteer help in the form of childcare or house cleaning. Crisis centers often help young mothers find employment.

Divorce with children under 3 years of age

Divorce from a family with common children under the age of three has specific features. The event can only take place through the courts.

Often, separation in a couple with young children turns into a real test. In this case, divorce can only be carried out with the participation of a judge and requires the former spouses to provide an impressive package of documents. Partners must understand that the initiator of the event cannot always be a man. There are situations when his divorce documents will not be accepted for consideration.

Initiative is punishable

At the legislative level, a woman is protected from additional shocks during the most difficult periods of her life. For this reason, during the period of waiting for a child and in the presence of a child in the first year of life, only the spouse can initiate the dissolution of the marriage.

Documents on behalf of a man will be accepted in court only if he has secured the notarial consent of his wife to carry out the procedure. Modern statistics say that couples with minor children often break up. It doesn't matter what age the children themselves are. Many parents separate if the child is less than six months old.

If the head of a family with a young child dreams of getting a divorce, but his wife is against it, then there is only one way out for the man - to wait.

Often, modern couples with a child in their first years of life wonder whether divorce with children under three years of age has specific features compared to the end of a marriage with infants.

If the child celebrated his first birthday, then each of the partners can initiate the separation.

Former spouses will decide the issues of further raising their common children and dividing joint property, so the possibility of contacting the registry office for divorce proceedings is excluded.

Circumstances of divorce

Termination of family relationships in court often drags on for a long time. This period can be significantly reduced if there are objective circumstances of separation. All of them must have supporting documents. Most often, women decide to say goodbye to their husband who:

• declared incompetent;
• is serving a term of more than three years in prison;
• received official missing person status;
• declared dead.

The circumstances listed above make it possible to divorce unilaterally, without obtaining consent from the second partner. Spouses do not always continue to live together. Often, divorce papers are filed by one of the partners, who is called the plaintiff.

Important! The plaintiff is the person on whose initiative the divorce begins.

What should the claim be?

Particular attention should be paid to filling out the claim form, since the outcome of the entire event depends on this stage. When there are errors in the claim, the judge will send the papers to the plaintiff to make corrections. The documents must include information about the availability of the place of registration and passport details of the event participants. This is followed by a reflection of the details of the court to which the form will be sent. If recently the spouses actually lived separately and stopped running a joint household, this information must be included in the claim. If there is other information relevant to the process, there is a need to list them. If a couple has questions related to the termination of a family relationship, they can be included in the statement of claim.

Most often, partners report disagreements regarding:

• property acquired over several years;
• raising common children;
• determining the amount of alimony payments.

Divorce of spouses with children under three years of age does not involve summoning the child himself to the courtroom.

Children under ten years of age do not have the right to express their own point of view on certain issues in court, since they cannot always understand the consequences of their own actions.

The judge, who is conducting a divorce in a couple with three children, is guided in resolving issues by creating the most favorable conditions for the children. This is especially true when heated disputes arise between parents regarding the place of subsequent residence of their children.

Nuances

If during the divorce proceedings the question arises of determining the schedule for making alimony payments for several years and their size, then the court also takes into account the number of children. Alimony will be paid by the spouse who lives separately from the children.

If there are several marriages with children (one, two, three), alimony will be divided among all children. There are cases when children can receive child support payments from a parent even after 18 years of age. This is relevant if the child is a full-time student at a university and in a number of other situations.

To assign payments, the plaintiff must have appropriate supporting documents.

Parents must understand that children endure the separation of adults as hard as possible. Children should be surrounded by care and increased attention during the period of divorce.

Divorce of spouses if there are three children: what documents are needed to formalize the divorce, the amount of alimony and the procedure for dividing property

Divorce with three children does not significantly change the process of divorce , but only supplements it with some exceptions.

There are several provisions in the law that change the usual procedure for terminating a marriage relationship.

Such exceptions are contained in the divorce procedure, in the provision of necessary documents, in the process of paying alimony, as well as in the division of common property of the spouses.

How does divorce happen with three children?

In general, the process of a divorce with three children is no different from a divorce with fewer or more children .

The peculiarity is that since the spouses have common minor children, according to Art. 18, as well as Art. 21 of the Family Code, divorce will be carried out in court .

This is due to the fact that the judicial procedure is provided for divorce if the spouses have minor children.

an exception to this rule , which is associated with the provisions of paragraph 2 of Art. 19 of the Family Code. According to it, a marriage is dissolved regardless of the presence of minor children in the civil registry office (civil registry office), if the second spouse:

• declared missing (dead) in court;
• declared incompetent by the court;
• sentenced to a term of over three years for committing a crime.

The process of judicial dissolution of marriage can occur with the mutual consent of both spouses or in its absence. The simplest case seems to be when the spouses agree to divorce.

In this case, they can submit to the court an agreement on:

• children (that is, with whom the common minor children will live after the termination of the marriage relationship);
• the procedure (as well as the amount) of payment of funds aimed at supporting children and (or) a disabled spouse;
• division of common property.

This rule is enshrined in Art. 23 of the Family Code (in relation to the agreement on children), as well as in paragraph 1 of Art. 24 (in relation to other issues).

In the second scenario, that is, without the consent of one of the spouses for divorce, as well as in the absence of an agreement between the spouses (as well as a violation of the rights and interests of children or spouses by this agreement), the court is obliged :

• determine with whom minor children will live after the divorce;
• determine from whom and in what amount child support will be collected;
• at the request of at least one of the spouses, to divide the common property of the spouses;
• at the request of the spouse who has the right to maintenance from the other spouse, determine the amount of such maintenance.

The above rule follows from the provisions of paragraph 2 of Art. 24 of the Family Code.

Thus, we can conclude that divorce if the spouses have three children does not differ from the usual process of divorce in court, i.e. The current legislation of our country does not provide for special norms.

Documents for divorce with three children

Since such a divorce occurs in court, it is necessary to mention exactly those documents that are required to file an application for divorce in court. In addition to the statement of claim itself, in accordance with Art. 132 of the Civil Procedure Code (hereinafter referred to as the Civil Procedure Code), must be provided :

• copies (by number of parties) of the statement of claim;
• a document that confirms payment of the state fee (for example, a receipt);
• power of attorney or other document confirming the authority of the plaintiff’s representative (if any);
• marriage certificate ;
• copies of children's birth ;
• document confirming the identity of the applicant ;
• information about the earnings and other income of the spouses (if there is a corresponding requirement for the collection of alimony);
• an inventory of jointly acquired property (if there is a corresponding requirement for its division);
• other documents confirming the validity of the claims specified in the statement of claim.

Additionally, it is worth mentioning the amount of state duty . In accordance with paragraphs. 5 p. 1 art. 333.19 of the Tax Code, it is six hundred rubles.

Therefore, the basic set of documents required to file a claim for divorce does not differ from any other claim. Specialization lies only in documents related to proof of the fact of marriage between spouses, the presence of children and common property. So there is no great difficulty in this matter.

Alimony in divorce with three children

Section 5 of the Family Code provides for two procedures for paying alimony:

If spouses choose the option of drawing up an agreement, then in it they must indicate the payer and recipient of alimony, the amount and terms. Such an agreement must be drawn up in writing and notarized (in accordance with Article 100 of the UK).

In general, the procedure for concluding such an agreement is subject to the relevant provisions of the Civil Code. This rule is based on the provisions of Art. 101 of the Family Code.

However, it is worth considering that such an agreement may be declared invalid by the court at the request of the interested party on the grounds that it violates the rights and interests of alimony recipients (according to Article 102 of the Family Code).

In addition to this Art. 103 of the Family Code establishes the rule that the amount of alimony specified in the agreement cannot be lower than the amount that the recipients could claim if alimony were established by the court.

Thus, drawing up an agreement on the payment of alimony can be an effective tool if there is agreement between the spouses who filed for divorce and they want to avoid judicial interference in this process.

Such an agreement is attached to the divorce petition.

If an agreement on the payment of alimony has not been drawn up, then it is possible to apply to the court with a request to establish alimony. This can be done simultaneously with filing a claim for divorce (by indicating this requirement directly in the statement of claim).

The Gerasimov couple went to court with a request to dissolve their marriage. Along with the corresponding statement of claim, the spouses submitted to the court an agreement on children and alimony.

In accordance with these agreements, all three common children remain with the mother, and the father undertakes to pay half of his income (salary). The court examined the application, as well as the submitted agreements.

After checking the legality of the agreements drawn up, the court ruled that the children remain with the mother, and the father is obliged to pay alimony in the above amount.

Thus, the court dissolved the marriage, agreeing with the agreements that were drawn up by the spouses.

In addition, according to Art. 83 of the Family Code, alimony can be collected in a fixed amount . This means that the court sets a specific amount that must be paid as alimony. To do this, it is necessary that the person obligated to pay alimony:

• had irregular, fluctuating earnings (income);
• received earnings (income) fully or partially in kind;
• received such earnings (or income) in foreign currency;
• did not receive any earnings (or other income).

Thus, in general, the process of establishing and paying alimony for three minor children does not differ from paying alimony for more or fewer children. The only difference is the amount of alimony - it should not be less than half of the payer’s total earnings (or other income).

Division of property in a divorce with three children

Any division of property of spouses during a divorce, both with and without children, is subject to the same rules established by the legislation of the Russian Federation. There are two orders: legal and contractual .

In accordance with Art. 42 of the Family Code, spouses, through a marriage contract, have the right to change the legal order of division of common property.

Such an agreement must be in writing and notarized. If there is such an agreement, the property will be divided in accordance with it, without resorting to the rules provided for by law.

• If there is no such agreement, then the rules on the legal regime of the property of the spouses are applied. The court determines what property belongs personally to each of the spouses, and also divides jointly acquired property (as a general rule, equally).

However, there is one exception, precisely related to the fact that one of the spouses will have minor children after the divorce. According to paragraph 5 of Art. 38 of the Civil Code are not subject to division of those things that were acquired solely to meet the needs of minor children. These things are transferred to the parent with whom the children remain.

Thus, we can conclude that the legislation does not provide special exceptions in the case of a divorce with three children. The division of property is carried out either in accordance with the marriage contract or in the manner prescribed by law.

Questions from our readers and answers from a consultant

My husband and I are planning to end our marriage. We have three children together. We decided to draw up an agreement on alimony. Are there any rules related to the amount of alimony in this case?