Divorce during pregnancy on the initiative of the wife or husband - can they divorce if the wife is pregnant?

Everyday troubles affect the relationship of spouses in different ways. Some couples endure all difficulties and only strengthen their relationships, while others decide to divorce.

The legislation provides for all kinds of cases of divorce, including during a woman’s pregnancy.

The official termination of the relationship between husband and wife in this situation has a number of features, and it is better for spouses to learn about them before initiating divorce proceedings.

Divorce during pregnancy: whose side is the truth on?

The attitude of representatives of justice and the entire legislative system towards plaintiffs is different. Thus, according to Article 17 of the Family Code of the Russian Federation, the rights of the husband to initiate the process of divorce are limited.

This means that divorcing a pregnant wife at the request of her husband is, in most cases, a deliberately disastrous idea for the future father.

Guided by this principle, the family legislation of our country emphasizes that pregnant women, as well as mothers caring for a child of the first year of life, are the most unprotected in marriage, and therefore have the status of immunity when it comes to divorce.

If the plaintiff is a pregnant woman, her desire to dissolve the marital relationship is granted by the court. In addition, the family law authorities, fairly taking the side of the expectant mother, give her the right, along with an application for divorce, to also claim alimony for herself and her child.

In order to put the case on a request for alimony into motion, a woman must attach a medical certificate certified by an official representative of the antenatal clinic with the gestational age indicated in it to the statement of claim for divorce and the main package of documents. In any case, if the spouse is against the divorce, the court cannot initiate divorce proceedings solely on the initiative of the husband.

How to file for divorce while pregnant

Representatives of the registry office or the court can handle the registration of divorce. The application must be submitted at the defendant’s place of residence.

The registry office will accept a claim for divorce during pregnancy, provided that this decision is mutual for the spouses. However, exceptions to the rules are possible here too. The following situations fall under the category of special cases:

• documented incapacity of one of the spouses;
• one of the spouses has the status of missing;
• one of the spouses is in prison for a period of more than 3 years.

Here's what you need to initiate divorce proceedings by agreement of the parties:

• personal presence of spouses;
• statement of intention to divorce;
• passports;
• Marriage certificate.

Divorce while the wife is pregnant is a serious step, so the spouses will be given a month to think about it. During this time, they can pick up the application from the registry office. There are many nuances in this situation that are best taken into account in advance.

For example, when filing for divorce, a pregnant woman is not yet aware of her situation. Or another case - pregnancy occurs in the interval between filing an application and the official divorce. If the expectant mother changes her mind about getting a divorce, she will not be able to challenge her decision even in court.

The only thing she can do in this situation is to file a claim for alimony.

According to the law, if a pregnancy occurs after a divorce, and a child is born within 300 days after the divorce process, the ex-husband is considered his father a priori. If this is not the case or the ex-spouse expresses doubts about his paternity, the issue is resolved in court, where serious evidence will be needed.

If the husband and wife do not reach a unanimous decision regarding the divorce, their issue will be decided in court. A significant reason for going to court is a dispute between spouses regarding the division of property.

To document your desire to divorce, fill out an application, indicating the following information:

• name of the judicial authority;
• Full name of the magistrate;
• Full name of the plaintiff and address where he lives;
• Full name of the defendant and address where he lives;
• the reason or series of reasons that served as the reason for the desire to get a divorce;
• the reason why the issue of divorce cannot be resolved in the registry office.

The application must be accompanied by an original or a copy of the marriage certificate. In addition, the court may additionally request information about the spouses’ minor children (if any) and other information important for the divorce process.

Divorce during pregnancy on the initiative of the husband

Most often, men avoid paperwork, do not file for divorce with official authorities and leave their spouses, retaining the status of a husband. But in some cases, especially when another woman is involved, the man goes to the registry office on purpose. Then divorce when the wife is pregnant becomes a reality.

The law does not prohibit a man from expressing his intentions to divorce, but the law largely limits the court’s decision-making. In order for the spouse’s claim to be satisfied, the following nuances are taken into account:

• spouse's consent;
• financial situation of the expectant mother;
• presence of minor children in the family.

In most cases, a man’s intentions to officially leave his family are doomed to failure. A pregnant woman in such stressful circumstances becomes very vulnerable, so it is logical that the court will postpone consideration of this case for the future, and thereby give the spouses a chance to reconcile.

Even if after the birth of his wife the man has her confident consent to end the relationship, he should not forget that no one has canceled the obligation to provide financial support for the newborn and other minor children in the family.

Divorce during pregnancy on the initiative of the wife

In the vast majority of cases, the divorce is initiated by a pregnant woman. While waiting for the baby, she listens more to herself, heeds the natural maternal instinct and the instinct of self-preservation.

As a rule, it is during pregnancy that many women realize that they no longer intend to endure all the negative circumstances in family life that they put up with before.

What are these circumstances that can push a woman in her delicate situation to divorce? Among them, the most common male defects are:

• drug addict;
• systematic drunkenness with sad consequences in the form of scandals and assault;
• gambling addiction;
• constant betrayals.

In such cases, the woman files for divorce to protect herself and her unborn child. In addition, after a divorce, she has the right to collect alimony from her ex-husband for the maintenance of their common children and at the same time be protected from the problems that previously ruined her life.

The court satisfies the request of a pregnant woman to divorce her husband at any time and for any period of her situation. The exception is when the expectant mother submits an application shortly before giving birth. In this case, the date of consideration of the case will most likely be postponed.

Legislative bodies take this measure, citing the possible reconciliation of the wife and her husband.

At this stage of pregnancy, there is a need to morally support the expectant mother and do everything possible so that she does not have complications during childbirth due to the divorce process.

Divorce during pregnancy: pitfalls

For spouses who have decided to divorce, it is important not to give in to emotions, but to soberly analyze the reasons that led to this situation. During pregnancy, not only a woman’s body, but also her appearance undergoes dramatic changes.

Raging hormones also add fuel to the fire. Ultimately, the anxiety and irritability of the expectant mother can lead to the fact that the spouses begin to move away from each other. The fears that overcome them have visited families since time immemorial. This, of course, concerns women to a greater extent.

She is very worried because:

• she lost the desire to fulfill her marital duty;
• the figure deteriorated, clumsiness appeared;
• character has changed for the worse;
• drowsiness, uncontrollable appetite and other “delights” of pregnancy appeared.

People who once loved each other should be aware that all difficulties are temporary and after the birth of the baby, life will gradually return to a positive direction. Divorce is an extreme and in some cases unnecessary measure.

How to survive divorce during pregnancy

Divorce hurts your feelings, pride, and wallet. You need to have considerable willpower to survive this difficult time with dignity. It is doubly difficult for a pregnant woman to do this: she is confused, defenseless and, perhaps, feels betrayed.

However, in this situation, the expectant mother must first take care of her baby. To do this, you need to minimize all risks that could harm the child.

Let's find out what psychologists will answer if you ask them how to survive a divorce during pregnancy:

1. Change the situation. Live with your parents, relatives or close friends for a while. If possible, find rented accommodation so as not to embarrass anyone. New living conditions will distract you from painful thoughts for a while.
2. Try to be alone less and not withdraw into yourself. As they say, go among the people. It is unlikely that you will be denied support. Having a person nearby (mother, girlfriend, work colleague) who will simply listen to you and feel sorry for you is very important.
3. In order not to get bogged down in memories and not torment yourself with soul-searching, keep yourself busy with something. Think about hobbies and interests that you had before. You will likely find some free time after your divorce to resume these activities. It distracts and improves your mood. Try to think only about good things and accumulate positive energy.
4. Get ready for childbirth and caring for your baby. You will have very little time after the baby is born, so you need to familiarize yourself with the necessary information now. You will undoubtedly become a good mother and will endure all the difficulties that parents initially face.
5. Always keep your phone with you. He will help you out when you want to talk to someone. In addition, if your condition worsens for any reason, you will be able to call loved ones or call an ambulance.
6. Don't look back - you start living again. Engage in visualization: imagine in the smallest detail how bright and pleasant your life will be after you hear your baby’s first cry. Imagine his first words, first steps and your tight hug. Set yourself up only for good things.
7. If you are a believer, go to church. If you just want to join religion, now is the time to do it. Start living righteously now - forgive your spouse by saying words of forgiveness out loud. Very soon you will feel much easier.

Pregnancy and divorce from your husband are seemingly incompatible concepts. But anything can happen in life, and if a woman, by her own or someone else’s will, finds herself in a difficult situation, she cannot give up. Since a new life has appeared under her heart, all the thoughts and actions of the expectant mother should be aimed at the well-being of her baby.

Divorce during pregnancy on the initiative of the wife: rules and features of registration

• The Russian state legally protects the interests of family and children , therefore a man cannot divorce his wife while bearing a child.
• At the same time, divorce during pregnancy on the initiative of the wife is possible, subject to certain conditions.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below.

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Do couples expecting a baby get divorced - what does the law say?

Article 17 of the Family Code states that the initiation of divorce by the husband in the event of his wife’s pregnancy and before the expiration of one year after the birth of the child is prohibited.

Most likely, the legislators were guided by the desire to protect the interests of the pregnant woman, and the possible preservation of the marriage, thanks to the joint concerns that arose related to the birth of the baby.

Divorce during pregnancy is possible only with the consent of the wife or on her initiative.

A man can file a claim for divorce, citing any reasons, including adultery and denial of paternity, but the application will not be considered in court.

At the same time, the statement that the spouse is not the father of the unborn baby is also left without consideration. This is due to the fact that before the birth of a child, an examination to establish paternity is possible only with the consent of the wife.

But since such a study is very dangerous for the child, the expectant mother, according to the recommendations of doctors, does not give consent. Consequently, the father of a child conceived in marriage is a priori considered to be the spouse, which means a divorce cannot be effected.

If, at the request of a man who hid the fact of his wife’s pregnancy , a court hearing has already been scheduled, it is terminated at the request of the wife who presented evidence of pregnancy. The case is terminated at any time before a decision is rendered.

If medical documents confirming the fact of pregnancy are provided after a decision is made, the case is subject to review in connection with newly discovered circumstances.

Can a marriage end with both parties' consent?

The husband may initiate a divorce during his wife’s pregnancy if she expresses her consent.

In these circumstances, the marriage is dissolved without the participation of the court, by contacting the territorial registry office.

The divorce is finalized within 30 days in accordance with the general procedure. If during this time the woman changes her mind, the process stops.

Here you can download the application form for divorce by mutual consent of the spouses.

Through the registry office, divorce is possible only before the birth of a child. After the baby is born, divorce can only be done through the courts. impossible to dissolve a marriage without a trial if there are other minor children in the family.

the following documents are provided through the registry office :

1. Statement;
2. Marriage certificate;
3. Spouses' passports;
4. Receipt for state duty.

If the spouse is sentenced to serve a sentence in a colony for three years or more, is declared incompetent or missing , the marriage is dissolved at the request of the woman by contacting the registry office.

The consent or presence of the husband is not required in these circumstances.

All the subtleties of dissolving a marriage without the consent of the spouse, as well as the Application form for unilateral divorce, are in the next article.

How can a pregnant woman file a claim for dissolution of family ties?

Reasons

A woman can file a claim for divorce during pregnancy even if her husband does not consent.

The grounds for divorce may vary, but judicial practice shows that most often the reasons for filing a claim are the following:

• Low income of the spouse , which does not satisfy the material needs of the family.
• Family conflicts with the spouse or members of his family.
• Cheating spouse.
• Requirements for divorce by spouse.

Procedure

1. If there are no disputes regarding the division of property acquired during marriage and there are no minor children in the family, divorce at the initiative of the wife is carried out through the registry office.
2. In this case, the unborn child is not considered a minor, since his civil registration has not yet been completed.
3. If a woman has property claims or her husband objects to the divorce, it is necessary to file a statement of claim with the court at the place of registration of the defendant and attach the following papers :

Divorce through a magistrates' court - what do you need to know? As well as the Statement of Claim form.

1. Copy of the passport;
2. A copy of the statement of claim (to be sent to the spouse);
3. Copy of Marriage Certificate;
4. Copies of birth certificates of joint children (if available);
5. Documents serving as evidence of various circumstances of the case (medical certificates, characteristics, certificates, etc.);/
6. Receipt for state duty.

The judge invites the spouses to a preliminary conversation , the purpose of which is to reconcile the parties and find the possibility of preserving the marriage bond. A court hearing on a divorce claim is scheduled 30 days after filing the application.

If a woman changes her mind during this period, she can withdraw the application and the divorce will not take place.

The marriage between spouses is considered dissolved from the moment the court makes a positive decision. Based on a court ruling, the territorial registry office issues a Divorce Certificate to the former spouses.

The rights of a spouse during an “interesting situation” - will there be alimony from her ex-husband?

Simultaneously with the claim for divorce, a pregnant wife can make financial claims against her husband .

By providing the court with a pregnancy certificate from the antenatal clinic, she can demand financial support for herself and the child.

The husband is obliged to support his ex-wife until childbirth and for another three years after the birth of their joint child (Article 24 of the Family Code). The law determines specific amounts of alimony for the maintenance of children born in marriage.

A woman can demand alimony payments for herself and the child even in the event of a divorce by mutual consent through the registry office. If the ex-spouse refuses to pay maintenance voluntarily, she files a lawsuit.

• The peace agreement concluded by the spouses regarding alimony payments to the ex-wife should be certified by a notary.
• This will serve as a certain guarantee of compliance with the spouse’s duties in the event of unforeseen circumstances.
• In this case, the collection of alimony under the agreement can be done by contacting bailiffs, since a notarized agreement has the force of a writ of execution issued by the court.
• However, if the ex-spouse does not have official income or property that can be sold to pay alimony, the woman is unlikely to receive the money.

In addition, alimony obligations towards a spouse are subject to cancellation if she enters into a new marriage within the time appointed for payment. Payments for the child continue in any case.

You can download the form for the Statement of Claim for the recovery of alimony for spousal maintenance here.

The specific amount that a spouse is obliged to pay to his ex-wife for maintenance during pregnancy and after childbirth is not determined by the legislative acts of the Russian Federation.

The court assigns alimony to the woman in a fixed amount, based on the financial situation of the payer, his marital status and other factors (Article 91 of the Family Code).

Maintenance by the former spouse is paid monthly . As judicial practice shows, the range of alimony amounts for an ex-wife ranges from several hundred to several thousand rubles.

In some cases, the court may oblige a man to pay the required amount of money to his ex-wife in a lump sum in the amount of a certain amount.

The ex-wife can keep her husband's surname and give it to the child after his birth.

When registering a newborn, the information of the former spouse is automatically recorded in the father column based on the Marriage Certificate. It is not necessary to obtain the consent of the ex-husband for these actions.

This action is possible if the “ presumption of paternity ” applies, that is, if the child is born no later than 300 days after the divorce.

If a man does not agree with the recognition of him as the father of the child, he may demand a genetic examination and cancellation of the Birth Certificate through the court.

Save time, or how to apply for divorce online? Step-by-step instructions are here.

Pregnancy and divorce: how to cope with difficulties? Watch in the following video:

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In accordance with Article 7 of the Family Code of the Russian Federation, not a single member of the family, no matter what rights he is endowed with and no matter what interests he is guided by, should violate the rights and interests of other family members.

Thus, the father and mother of the child have equal rights in relation to their child, and therefore the negative attitude that arose between the spouses during the divorce should not interfere with the favorable upbringing of the common minor child, much less violate his rights.

In this article we will tell you: what rights does a father have in relation to his child? What to do if your ex-spouse does not allow you to see your child? What legal methods can a father use to influence his ex-wife? What liability can a mother be held accountable for preventing a father from interacting with a child? Continue reading →

Statistics show that a fairly large percentage of marriages end in divorce. But divorce, as well as the preparation of all necessary papers in court and the registry office, is not free, and everyone who wants to get a divorce must pay a state fee.

The state fee is a strictly fixed amount established by the state, which spouses are required to pay for the preparation of documents and the settlement of legal issues. The amount varies greatly depending on the circumstances, and in this article we will talk in detail about when and how much you need to pay. Continue reading →

The main value in the life of any person is his family . Of course, it’s wonderful when the closest person is always nearby. It's wonderful when a child appears.

But a full-fledged healthy family is a difficult ideal to achieve in our society. Unfortunately, everyday problems, different views on life, fading feelings are serious incentives for divorce. And when two people decide to separate, a child rarely becomes a deterrent .

How long does it take to get a divorce through court if there are children?...

It is somewhat more difficult to dissolve a marriage if there are minor children. But if the spouses do not have material claims against each other and if there is agreement on issues of place of residence and upbringing of offspring, the divorce process is carried out with the help of a magistrate’s court.

How to correctly write the reason for divorce in a statement of claim?

1. The Russian state legally protects the interests of family and children , therefore a man cannot divorce his wife while bearing a child.
2. At the same time, divorce during pregnancy on the initiative of the wife is possible, subject to certain conditions.
3. Read about divorce during pregnancy on the initiative of the wife...

The pace of life of a modern person is rapid, and there is no desire to travel to registry offices, standing in line. That is why modern computer technologies greatly facilitate the solution of many issues .

For example, is it possible to file a divorce online?

It's not difficult, if only you had a computer. And the sequence of actions in our article...

Marriage to a foreigner, which seems so rosy and happy, sometimes ends in divorce. Different mentality, attitude towards family, everyday life, each other, children, work, most often lies at the origins of mutual misunderstanding .

However, in practice, breaking up with a citizen of another state is not at all easy.

Read about the intricacies of divorce from a foreigner in the article...

• Divorce is a test for everyone , but the most vulnerable side of family confrontations is children.
• After the dissolution of marriage, living in the same apartment is impossible, and parents must decide where and with whom the offspring will remain .
• How to build communication with a child after a divorce - read on...

Divorce is always a difficult and painful event , especially if you have children. Unfortunately, children often become bargaining chips in the process of sorting out the relationship between parents . Wanting to ruin his wife’s life, the husband threatens to take away the child, take him away, take him away, deprive the mother of parental rights, and so on.

What to do in such a situation? Fight or give up? We are looking for a compromise...

Unable to withstand the hardships of everyday family life, a third of all officially married couples separate . But it’s one thing when there are no children in the family, and another when they are.

The law cannot allow the living conditions of children to deteriorate.

Let's consider who the child will stay with after the divorce...

Divorce during pregnancy on the initiative of the wife or husband

By the way: Do you know about our “Stress-Free Divorce” service? More details

The Family Code protects the interests of a pregnant woman by setting restrictions on the husband’s choice of the moment of divorce.

Art. 17 of the RF IC prohibits a man from raising the issue of divorce unilaterally on his initiative:

• during his wife's pregnancy,
• and also earlier than a year after the birth of the child.

Such a restriction is caused not only by the increased protection of the pregnant woman, but also by the possible preservation of the family thanks to such a “delay”: often relationships in a couple are normalized, because pregnancy is a test not only for the woman, but also for the man. That is why the legislator prohibits a man from “cutting off” marital ties, which mark the beginning of a new life for a new member of society.

In its meaning and content, the norm of this article implies the wife’s pregnancy only with a common child from the man with whom she is married. Men often believe that the norm of Art.

17 of the RF IC does not apply to cases of infidelity by a wife and her pregnancy “on the side,” however, in practice, almost insurmountable difficulties arise in establishing paternity.

A child born earlier than 300 days from the date of divorce is presumed to have been conceived from the marriage of husband and wife, which can only be refuted in court with the help of a paternity examination.

The woman, of course, does not consent to such research before childbirth and the man, in any case, is obliged to comply with the requirements of Art. 17 of the RF IC, limiting his right to divorce during his wife’s pregnancy.

Is it possible for a man to divorce his pregnant wife if she does not agree?

Article 17 of the RF IC does not allow the husband to unilaterally terminate the marital relationship if the wife does not agree.

Since the absence of the consent of the second spouse allows the marriage to be dissolved only through the court, even if the man filed a claim for divorce, it will be left by the judge without consideration as soon as it becomes known about the wife’s pregnancy and the absence of her consent to terminate the marriage.

Thus, a man does not have the opportunity to obtain a divorce if his wife does not agree with his decision.

Our experienced lawyers can take charge of resolving the dispute, provide legal advice and take all possible measures to achieve agreement between the spouses on dissolution of the marriage in a voluntary divorce. All you need to do is dial +7 (495) 722-99-33 right now!

How can a husband divorce his pregnant wife if she agrees?

In this case, the husband and his wife must contact the civil registry office with an application for the official termination of family relations. The institution will dissolve the marriage in the general manner - after 1 month.

If the child has already been born or at the time of the divorce there are previously born common children, the marriage is terminated through the court in accordance with the general procedure.

Important! Divorce with a pregnant wife or a wife who has given birth to a child entails a number of additional alimony obligations for the ex-husband. According to the norms of Chapter 14 of the RF IC, the spouse (ex-wife) is also entitled to a guaranteed right to receive monetary support from her husband during her pregnancy, as well as for 3 years from the birth of the child. Thus, after receiving a long-awaited divorce during pregnancy, the ex-husband is responsible not only for maintaining common children, but also for the ex-wife for the entire period of pregnancy and during the first 3 years of the child’s life.

What should a pregnant wife do if she is against divorce?

In order to protect the interests of motherhood and childhood, Family Law gives a woman a kind of “veto” right to her husband’s desire to divorce: during pregnancy and before reaching the age of 1 year, the marriage cannot be dissolved without the wife’s consent. Under no circumstances.

• What should a pregnant girl do if her husband wants a divorce?
• If a woman finds out about her husband’s similar intention and she is categorically against it, she needs to:
• 1. Declare your disagreement with the termination of the marriage relationship, as a result of which the marriage will not be dissolved in the registry office;
• 2. Provide evidence of your pregnancy to the court, for example, a doctor’s certificate, after which the proceedings will be closed;
• Compliance with these two points will give an unambiguous result: a man will not be able to divorce before your child turns one year old.

Due to the specifics and characteristics of the health condition during such a difficult period for a woman, we strongly recommend using our help! We will provide competent legal advice and take on all the hassle of attending trials and other authorities, acting as your representatives.

Find out more by calling +7 (495) 722-99-33 right now!

Divorce during pregnancy on the initiative of the wife

Can a pregnant woman file for divorce on her own? Yes maybe. In this case, the only, but extremely important feature will be the woman’s right to demand that her husband fulfill his alimony obligations not only in relation to the child who will be born to her in the future or born at the time of termination, but also in relation to her.

The man will be required to pay child support not only for the common child(ren), but also for the maintenance of his ex-wife. This rule applies both for the entire period of pregnancy and for a three-year period from the moment of birth of the child.

The decision to collect alimony is made by the court both during the divorce, if such a requirement is stated, and after - in the event, for example, if the marriage is dissolved by mutual consent, but an agreement on alimony could not be reached.

How to file for divorce for a pregnant woman?

A spouse wishing to obtain a divorce during pregnancy must apply to:

• To the registry office - if the husband agrees to the divorce, and the couple has no children together.
• If the husband is against the divorce and or has common children over which he and his spouse have no disputes, go to the magistrate’s court at the husband’s place of residence or, if minor children live with her, at the place of his residence;
• To the district court - if there are common children from the marriage and agreement on their further residence has not been reached.

The package of documents for divorce of a pregnant woman through the registry office is no different from the procedure for divorce without pregnancy:

• Application for divorce;
• Receipt for payment of state duty 650 rubles;
• Certificate of marriage.

If a marriage is dissolved by a pregnant wife through the registry office without the consent of the husband in exceptional cases (being in prison, unknown absence or incapacity), it is additionally necessary to attach a copy of the relevant judicial act.

When a pregnant wife applies to court for a divorce, she must submit:

• Statement of claim for divorce and its copy for the defendant;
• Receipt for payment of duty in the amount of 600 rubles;
• A copy of the marriage certificate;
• Copies of documents on the birth of common children (if available);
• Certificates, characteristics and other documents indicating the impossibility of continuing family life.

In this case, a document confirming the wife’s pregnancy is OPTIONAL. But it can be attached as additional evidence in the case, for example, of a husband using violence against his pregnant wife.

Is it possible for a pregnant woman to get a divorce without her husband’s consent?

The law does not require the husband's consent to divorce his pregnant wife. If the spouse is against the divorce, the termination of the marital relationship will be carried out in accordance with the general procedure provided for divorce without the consent of one of the spouses without the wife being pregnant.

Legal assistance from ICPI “Planet of Law”

We offer you a special program “Divorce without presence”. In any situation, be it a divorce on the initiative of the wife or the husband’s desire to dissolve the marriage with a pregnant woman, one cannot do without competent legal assistance.

Experienced divorce lawyers of our company will provide reliable legal support and will be able to minimize the negative legal consequences of a family conflict. Remember that legal inaction can be more costly.

We are waiting for your call now +7 (495) 722-99-33!

Divorce during pregnancy - can they get divorced if the wife is pregnant?

Family law provides for the right of spouses to divorce. During pregnancy, the divorce process has certain features. This is due to the protection of the rights and interests of the woman and the unborn child.

Dear reader! The article describes the most common legal problems and ways to solve them. If you want to find out how to solve your particular problem, contact a consultant for free help:

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Can they get divorced if their wife is pregnant?

Divorce is the dissolution of a marriage and making a corresponding entry in the civil register. A certificate is issued to confirm the actions taken.

At the husband's initiative

According to Art. 17 of the Family Law, a man does not have the right to initiate proceedings for the dissolution of a marital union while his wife is carrying a child and within 1 year after his birth. As a rule, not taken into account:

• The baby was born dead or alive. Only in some cases does the court make concessions and divorce spouses in the event of a stillbirth.
• Blood connection between a man and an unborn baby. As a general rule, a child conceived during marriage and within 300 days of its dissolution is recorded as the son or daughter of the mother's husband.

The request for divorce is satisfied only with the consent of the wife. Moreover, the court in most cases gives time to think about its position. This is due to changes in a woman’s hormonal state, which significantly affects her worldview and the ability to adequately assess the situation.

Also, when divorcing a pregnant woman, the woman’s financial condition is taken into account. She has the right to file a claim for alimony in her favor. In any case, the man has the responsibility to provide for the newborn baby, as well as other minor children together.

On the initiative of the wife

Divorce during pregnancy on the initiative of the wife is permitted by law at any stage. However, the court in the vast majority of cases provides time for reconciliation if the husband does not agree.

During pregnancy, the sense of self-preservation intensifies and the maternal instinct appears. Therefore, a woman stops putting up with some situations. Common reasons for divorce on the part of the wife are:

• husband's alcohol or drug addiction;
• spouse's gambling addiction;
• treason;
• assault, etc.

A woman is given the right to collect alimony for her maintenance during pregnancy and until the baby turns 3 years old.

How to get a divorce while your wife is pregnant?

Divorce during pregnancy is carried out in 2 ways:

Where to contact?

Divorce proceedings are possible through the registry office under the following circumstances:

• if there is consent of the pregnant wife and husband to divorce;
• in the absence of a dispute about other minor children and about the division of family property.

Under certain circumstances, a marriage is dissolved in the registry office and without mutual consent:

• if one of the spouses is declared missing or incompetent by a court decision;
• in the presence of a sentence that has entered into legal force (imprisonment for a term of more than 3 years).

An application for divorce is submitted to the registry office:

• at the address of one of the spouses;
• to the authority where the marriage was originally registered.

The marriage is terminated after one month from the date of application.

An application is submitted to the court if:

• one of the spouses does not agree with the divorce (for example, the pregnant wife agrees, but the husband is against);
• there is a dispute about children and common property;
• the spouse avoids registering the divorce with the civil registry office.

A statement of claim during a woman’s pregnancy is filed in the magistrate’s court. If there are disputes regarding the place of residence of common minor children (as well as a dispute about property), the case is considered by the district court.

Documents are submitted at the defendant’s place of residence. Jurisdiction may be changed upon provision of pregnancy certificate. In this case, the claim is filed at the place of residence of the plaintiff.

As a rule, time is provided for reconciliation of the parties up to 3 months (Article 22 of the RF IC). If there is mutual agreement, the court will dissolve the marriage one month from the date of filing the statement of claim. For example, a pregnant wife and husband agree to divorce, but they have a common minor child. Divorce of spouses in the presence of children is carried out in court, regardless of their consent.

Required documents

When dissolving a marriage, you must fill out an application at the registry office. It states:

• Full name of the spouses;
• data from the passports of both parties;
• addresses of registration and actual residence;
• the surname that will remain with the spouses;
• signature;
• date of.

The application form can be obtained from the registry office or downloaded from the Internet.

In addition to the application, you must attach:

• passports of spouses;
• a document certifying the conclusion of a marriage union;
• a receipt for payment of the duty (according to Article 333.26 of the Tax Legislation, state tax is paid in the amount of 650 rubles per person).

Documentation is submitted:

• In person to the civil registration department;
• By mail. Documents are pre-certified. The papers are sent by registered mail with notification and a list of attachments. The date of receipt and, therefore, the countdown of the period is the number indicated in the returned counterfoil;
• Through the State Services portal. This type of service is limited. Submission is possible in some cities of the country. Therefore, you should first clarify this possibility.

After the expiration of 1 month, the parties are issued a certificate of divorce. In the event of a judicial review of the issue, the woman will need to fill out a statement of claim on her own or contact a legal specialist.

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The statement of claim is drawn up in accordance with the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. It contains:

• name and address of the justice authority;
• Full name of the plaintiff, address of registration and actual residence, date and place of birth;
• Full name of the defendant, address of registration and actual residence, date and place of birth;
• title of the document: “Statement of Claim for Divorce and Recovery...”;
• essence of the matter;
• links to regulations;
• applications;
• date of;
• signature.

The document states:

• date of marriage;
• place of marriage;
• details of the marriage certificate;
• presence of minor children;
• presence of pregnancy and duration;
• reasons for divorce;
• consent or disagreement of the other party;
• the surname that will remain after the dissolution of the marriage;
• request for payment of alimony.

To file a claim in court you will need:

• passport;
• power of attorney if interests are represented by a third party;
• document confirming marriage;
• metrics on the birth of minor children (if any);
• pregnancy certificate;
• when collecting alimony - a certificate from the husband’s place of work about income;
• calculation of the amount of alimony payments;
• list of common property of spouses;
• agreement on the payment of alimony and division of property, if the parties have reached a consensus;
• receipt confirming payment of the state duty (its amount is 650 rubles per person).

Documentation provided:

• in person during office hours of the Civil Litigation Department;
• by mail.

After the time allotted for reconciliation has expired, the court makes a decision. The judicial act is sent to the civil registry office within three days from the date of entry into force. The plaintiff and defendant also have the right to receive court documents. Based on the decision, a divorce certificate is issued.

Alimony for a woman in case of divorce during pregnancy

According to Art. 90 of the Family Code of the Russian Federation, a wife has the right to demand payment of alimony for herself during pregnancy and for 3 years from the date of birth of the baby.

Payments are not made for an unborn child. The basis for going to court is the fact of birth, confirmed by a certificate. Alimony can be collected both while in marriage and after its dissolution.

Collection of payments for the maintenance of a woman is always carried out in a fixed amount. Moreover, the monthly necessary expenses and the level of security of both spouses are taken into account. Expenses are confirmed by documents. For example, providing receipts for purchased food and vitamins.

For minors, alimony is paid in a flat amount, percentage or mixed form. The second option is carried out if there is a stable source of income. For example, a man works at a factory and receives a salary of 30 thousand rubles.

Payments are made in the following proportions of income:

• one fourth - for an only child;
• one third - for two children;
• half - three or more.

For example, at the time of the divorce, alimony was collected for a common minor child. The salary of a man is 50,000 rubles. Consequently, alimony amounted to 12,500 rubles. After the birth of her second baby, the woman filed a lawsuit. Alimony payments amounted to 16,667 rubles for two children.

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If there is an agreement, the spouses have the right to draw up an agreement on the payment of alimony. Its provisions are certified by a judge. Such a document has the force of a writ of execution. When collecting alimony payments, a writ of execution is issued, which should be submitted to the FSSP or to the accounting department at the ex-husband’s place of work.

Divorce during pregnancy - judicial practice

Judicial practice in cases of divorce during pregnancy is almost clear. When a pregnant woman applies, she will be given time for reconciliation.

This is due to the unstable psycho-emotional state of a woman during pregnancy. For example, a woman filed a lawsuit for divorce due to disagreements with her husband. The court gave the parties 2 months to reconcile.

After her physical and mental condition improved, the woman changed her mind and withdrew the claim.

As a rule, the court refuses to accept a statement of claim before childbirth.

This is due to the fact that at the time of the meeting the woman may end up in the maternity hospital or the birth of a baby will change the relationship between the spouses, and they will change their mind about getting a divorce.

Exceptions are cases that threaten life and health. For example, repeated beatings. To confirm her words, the woman can provide certificates about the beatings.

The court has the right to reduce the declared amount of alimony payments to the wife in the following cases:

• Lack of justification. For example, a woman indicated the amount of 7 thousand rubles, but did not provide documents on how the funds would be spent;
• The man's financial condition. For example, in the case of group 1 disability, the court has the right to reduce payments. But the lack of work is not a reason for changing the indicated amount, since a man can get another job with a higher income or find a part-time job.

Thus, the court can divorce if the wife is pregnant, but only with her consent. In other cases, divorce is not permitted by law. Divorce is carried out through the registry office or court, depending on additional circumstances. A woman has the right to demand alimony during pregnancy and for up to 3 years after the birth of the baby.

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