How did divorce take place when there were underage children?

The Family Code stipulates that, in the event of the dissolution of marriage between spouses bringing up minor children, another party must be present to protect the interests of the smallest members of the family, such participants being representatives of the guardianship authorities as well as the court.

Therefore, it is not possible to divorce a marriage by filing a simple application with the civil registry, and there is only one way to apply for a divorce if there are minor children and to file a complaint with the court.

Where do you go when you're divorced when you have a child?

The dissolution of a marriage with minor children is a complex procedure that will not be carried out without judicial intervention. One of the spouses (who initiated the divorce process) prepares a petition to the court showing the following issues:

• Request for approval of the dissolution of the marriage;
• Identification of the child ' s place of residence and legal representative;
• The imposition of the recovery of maintenance;
• Segregation of joint property.

If there is a dispute between husband and wife about paternity, confirmation of the parentage of the father and the child must be initiated by a separate action, and it is only after receipt of the documentary proof of paternity that maintenance may be awarded and the child ' s place of residence determined.

Technically, any divorce scheme (even in the case of minor children) implies that the registration of the dissolution of the marriage and the production of a certificate of termination of the marriage are carried out by the civil registry staff, but the spouses have children in common, the judge ' s decision, which is transmitted to the civil registry for further implementation, must first enter into force.

The Act provides for an exceptional list of the circumstances in which it is possible to apply directly to the civil registry for divorce.This is a simplified procedure that is available when the second partner is unable to participate in the procedure on its own.

• The second spouse is found to be incompetent (his interests will be represented by a guardian, but the guardian cannot defend the maintenance of the marriage);
• The partner has been found missing by the court;
• The defendant was imprisoned for a premeditated crime (the penalty is more than three years).

It matters!This is an exceptional list of circumstances and other options as to how to divorce a husband through the civil registry if there are children of minors.

If the baby isn't in common?

There are two ways to divorce your wife if there are no children in common:

1. Through the civil registry, divorce is permitted even unilaterally, and it is important to document that the man is not the father of the child, i.e. that the child was born to his wife before the registration of the current marriage, and that the birth certificate contains a symbol or other person.
2. The filing of an application is necessary if a man has adopted a child, after the judge has ordered the adoption, the parent and the children have mutual rights and obligations, the so-called legal relationship, and from that moment on the man is recognized as the full parent of the adopted babies.

Where do you apply for a divorce?

Divorce proceedings in the case of minor children were conducted through a court and could be initiated only by one party or by two spouses, and only the determination of jurisdiction depended on the husband ' s and wife ' s joint wishes.

According to the general rule, a court located in the defendant ' s place of residence must hear the claim, but if the spouses prepare the application jointly, it may be referred to the local authority of the plaintiff ' s residence.

There are also a number of circumstances that allow the applicant ' s place of residence to appeal without the consent of the second spouse:

• The applicant ' s state of health prevents him from travelling long distances;
• The claimant has minor dependants;
• The address of the defendant's residence is unknown.

To the justice of the peace if there are no disputes about children

The termination of marriage through a justice of the peace takes place in a simplified manner; the time limit is hardly longer than one month, but only if the parties have settled the dispute on their own before filing the claim, and the settlement of the settlement can be confirmed by a voluntary agreement.

Such an agreement should be notarized, otherwise it would have no legal effect.

Arrangements between the parents of babies should be made on such matters:

• The determination of the place of residence of the child and of the parent who will become his or her actual legal representative;
• The award of maintenance (the amount and manner of the penalty);
• Participation of each party in the upbringing of the child (meeting and communication).

To the District Court where there is a dispute about children

If there are mutual disputes, there is only one alternative to divorce if there are minor children, which requires that a claim be brought before a district court; the judge takes a decision on the basis of the evidence submitted; and by affirming that the rights and interests of the children will not be violated by the parents.

Agreement on children in divorce: Agreement on the child ' s residence in divorce

In order for the parties to draw up a settlement agreement, it is not necessary to contact an experienced lawyer because the law does not specify the uniform form of the contract. The husband and wife determine the particulars to be included in the document. At the time of its approval, the notary will check:

• Mutual agreement on the drafting of the document;
• Compliance of the provisions of the agreement with the requirements of the law;
• Certifys the identity of the spouses.

The key is to identify such groups of information in the document:

• Personal data of the parents, i.e. the contracting parties;
• The name of the document;
• The grounds and date of the marriage;
• Information on the birth of children;
• The reasons for the divorce and its stage;
• Identification of the child ' s place of residence;
• Listing the forms of participation of the second parent in the upbringing and maintenance of the child by the second spouse;
• The award of maintenance and the amount thereof;
• The signatures of the participants;
• Date of compilation (i.e. from that date the document will be considered valid).

Attention!Such a contract may be brought before a court, both before the filing of a divorce claim and after the commencement of the divorce proceedings.

Preparation of a statement of claim

The parents have decided where to file for divorce if there are minor children.

• Preparation of a computer text;
• The production of a minimum of three copies of the original signature document (for the court, the plaintiff and the defendant);
• Presentation of basic information on marriage and the circumstances of divorce.

It is mandatory to confirm the application with an inventory of the accompanying documents; the absence of a list of documents may lead to the rejection of the claim.

List of documents

It is the same how to arrange for a divorce by mutual consent or by one party (if there is a minor child), the plaintiff and the defendant will have to prepare an accompanying package of documents, and the completeness of the evidence will depend on the judge ' s decision; for example, the list of documents that may be useful includes:

• Statement of claim;
• Copies of the spouses ' passports;
• Birth certificates for children;
• The marriage document;
• A receipt for the payment of the public service;
• Family composition certificate;
• A certificate from the guardianship and guardianship authorities on the study of the housing conditions in which the child lives and which will be in the future (when moving in with one of the parents);
• A certificate on the spouses ' income (required to determine the amount of maintenance payments);
• Financial documents confirming the costs of raising children (with a view to increasing the amount of maintenance);
• An explanation of the witnesses that will help each parent confirm his or her statements.

This list of documents is not complete; parents may add to the suit on their own those documents which they consider necessary for the decision to be made. If the parties agree on a settlement agreement, the original agreement will also be sent to the court, so it will not be necessary to worry about the outcome of the dispute.

Secretary of State

The amount of State duty in 2018 is 650 roubles, but there are several features of how the payment of the government service will be made.

According to the general rule, each of the spouses must submit the receipt, but the child ' s mother is exempt from the penalty if she initiates the process of recovery of maintenance.

The State duty was abolished because a woman acted in the interests of her child rather than in personal matters.

It matters!If further consideration is given to the distribution of joint property, the size of the government will depend on the value of the disputed property.

The divorce procedure, how's the divorce with the children going?

The instruction is step-by-step how to apply for a unilateral divorce (by mutual consent) if there is a child:

1. If the husband and wife decided that it was not possible to continue the family relationship, it would be better to specify the details of the children ' s upbringing; if they were to be treated in a notary agreement, it would be possible to speed up the decision-making procedure considerably.
2. Direction of action: Depending on who the petition is filed and the jurisdiction will be determined.
3. The date of the first hearing: According to the procedural law, the judge has one month to mark the day of the first hearing on the conflict.
4. The solution to the dispute is essentially: depending on the gravity of the conflict and the attitude of each party, a time limit will be set for the consideration of the appeal; as practice has shown, the procedure before the justice of the peace does not take more than one and a half months; when the dispute is resolved by the district court, the length of time may be several months.
5. Decision-making: The court ' s sentence shall take effect 14 days from the date on which it was issued and the time limit is set for the parties to appeal against the judge ' s decision.
6. In the case of divorce proceedings, the spouses (one of them) transmit the decision to the civil registry in order for the employees of the unit to enter the divorce into a single register and to be able to prepare a divorce certificate, which usually takes no more than one week.

When dealing with such conflicts, the judge draws attention to the needs and interests of the children; therefore, if one parent can prove that the second partner has little or no involvement in the upbringing of the children, has bad habits, uses physical violence against the family or has an immoral way of life, the decision will clearly be against the second participant.

On the other hand, if, during the proceedings, both spouses were able to prove that they were equally interested in the child's upbringing, the custody would be shared, and regardless of the children's place of residence, the mother and father would be equally involved in the maturity of their children.

How can you get a divorce if you have a child?

It is clear that in the vast majority of cases, spouses and children need to go through a divorce process, and it should be noted that all other issues related to the dissolution of marriage can be resolved at the same time, both faster and more effectively. Divorce, division of property, determination of the children's residence and communication with the other parent, alimony, all of these issues should be resolved as quickly as possible. Otherwise, there will be more than one court, and finding a divorce will be long and possibly problematic.

Divorce through court: step-by-step instruction

Legal spouses have three stages to go:

1. Preparation and filing of the application.
2. Trial.
3. Retrieving a court decision.

Only one spouse's consent is sufficient to obtain a positive divorce, but if both agree, it will speed up the process.

Preparatory phase

In the lead-up to the preparation of the declaration, it is necessary to identify:

• Whether there is mutual consent to divorce, or whether one of the spouses does not agree to the dissolution of the marriage;
• What matters, in addition to divorce, must be brought to justice;
• Whether the child will continue to live with the parents, whether it is possible to conclude an agreement or whether it is necessary for the court to decide on the matter;
• Where to file an application - to the justice of the peace or to the district (city) court.

If there is mutual agreement, it is necessary to determine who will file the application, whether the wife or the husband; the second spouse will acquire the status of the defendant; in order to express his consent to the dissolution of the marriage, he may withdraw the application, file a counter-claim for divorce or, in person (through the representative), declare his consent to the divorce in the course of the proceedings.

In addition to the request for divorce, it is possible to:

1. Ask the court to determine the specific place of residence of the child(s) and maintenance, including by approving the agreement of the spouses in this regard.
2. Demand division of joint property.
3. Require a determination of the amount of maintenance that one of the spouses is obliged to provide to the second spouse.

In the absence of applications and requirements for the determination of the children ' s residence and the payment of maintenance, the court shall consider these matters on its own.

The division of property and the maintenance of the second spouse are matters on which the court will decide only if such claims are made.

Not only the plaintiff but also the defendant may claim them, so that, if possible, it is necessary either to reach an agreement or to prepare in advance for a legal dispute – to prove that the spouse's position is correct and invalid.

Whom the child(s) lives with, which parent(s) and how much alimony will be recovered are matters decided by the court, even if there is an agreement, but it seems to the court that the rights of the child(s) or one of the spouses are violated; the court will always take into account the opinion of the child who has reached the age of 10.

An application for divorce and related claims shall be filed with the Magistrate ' s Court if:

• There is no dispute about children;
• Claims for the division of property of the spouses do not exceed 50,000 roubles (at the cost of the claim);
• There are no other property disputes or the value of the claim does not exceed 50,000 roubles;
• There is no dispute over paternity (maternity), deprivation/restriction of parental rights.

In other cases, the district (city) court has to be contacted.

As a rule, the application for divorce is submitted to the court of the plaintiff ' s place of residence, which is permissible if:

• The spouses are registered (situated) in one locality;
• Underage children (children) are prescribed and live with the plaintiff;
• The plaintiff on medical grounds may not come to the defendant ' s place of residence.

However, the basic rule is that the claim must be brought at the defendant's place of residence (registration).

Agreements between spouses

In order for divorce to take place quickly and relatively painlessly, many spouses enter into agreements prior to filing a divorce application on matters that do not require the participation of the court:

1. Agreement on ChildrenIn most cases, the agreement is comprehensive, including the child ' s residence, the manner in which the second parent communicates with the child, the payment of alimony, and others; such agreements are certified by the notary.
2. Property-sharing agreementThe written form is compulsory at the cost of more than 10,000 rubles, and it is more reasonable in any case to apply for notarization in order to give greater legal effect to the document; in addition, the relevant registration procedures are required for the division of property, land, vehicles, securities and other property(s) requiring registration.

Preparation of the statement

Examples (models) of such statements, which are available on the Internet, on court websites or information boards in the courts, as well as below in this article, can be used as a basis for preparing a statement, but they are effective when there are no individual features of the divorce process and the requirements of the dispute.

If the application relates only to the dissolution of a marriage, it shall include:

In the cap is the name of the court (the justice of the peace), the details of the plaintiff and the defendant(s) and their representatives (if any).

The title of the document is an application for divorce.

In the text:

• Information on who and when the marriage was entered into (registered);
• How many underage children are married (born, adopted) - FIO, date of birth;
• The reasons for the dissolution of the marriage (shortly, any);
• The terms of the marriage contract (if any);
• Information on the existence of an agreement on the children ' s place of residence and the payment of maintenance;
• Request for dissolution of the marriage with the defendant.

Where there are other requirements, the title of the document is expanded ("dissolution of marriage" is supplemented by the wording of these requirements), and the text provides information concerning them:

1. If there is a dispute about the children (place of residence, alimony), it is necessary to justify why the court should leave the children with the plaintiff and the second parent should be obliged to pay maintenance in a certain amount.
2. If there is a requirement for a separation of assets, there is a need to specify the property (which, when the account has acquired its value), to formulate its proposal for a division and to justify it. It should be borne in mind that joint obligations (debts) are also to be shared.
3. Claims for payment (security) of maintenance of the spouse after divorce generally require medical confirmation; such alimony is not often awarded and it can be expected that the defendant will be categorically opposed to it.

The application must be accompanied by supporting documents; the list varies according to the content of the statements, the requirements, the existence and the circumstances of the disputes.

The following must be attached:

• A copy of the plaintiff ' s passport;
• A copy of the marriage certificate;
• Copies of children ' s birth certificates;
• Agreement on children (if available in writing);
• A payment document (bonus - 650 roubles per spouse);
• Copies of the application and the annexes are for the defendant.

Additional requirements may include:

• Documents confirming the reasons for the divorce;
• :: Income certificates for spouses;
• The residence (registration) certificate of the spouses and the composition of the family;
• Medical certificates;
• Inventory and valuation of assets;
• The conclusion of guardianship and guardianship bodies;
• Trust in the representative;
• Other documents.

If a document(s) cannot be obtained, it must be stated in the statement that a certain fact can be confirmed by a document that is or may be received there.

The court itself will request it; a request must be made for the receipt and admission of documents (materials) to be brought before the court by witnesses or specialists.

It's best attached to the divorce application.

Features of the trial

The proceedings are conducted under two procedures:

1. With the mutual consent of the spouses, one month after the application, without the reasons for the divorce.
2. If one of the spouses disagrees, either after the end of the month or after the expiry of the three months fixed by the court for the reconciliation of the spouses.

Associated divorce claims complicate court proceedings, so it can last for months.

How the issue of children is addressed

The court shall deal with the matter if the parties fail to reach an agreement or if the court considers it to be in violation of the rights and interests of the child.

Account shall be taken of:

1. Age, mental and physical state of the child.
2. The child's opinion is 10 years old and older.
3. The degree of affection, attitude towards parents and other family members, in particular grandparents.
4. Family relations in the context of the interests of the child.
5. Each parent ' s ability to provide for the child ' s upbringing, living conditions and development must be ensured.
6. Parents ' material condition, living conditions, way of life, work, employment, time they can devote to the child.
7. Other factors and conditions.

In some cases, children ' s psychologists, teachers, tutors and tutors may be involved in court proceedings; the court ' s task is not to choose a parent, but to choose the conditions in which the child(s) can best live, grow, learn and generally develop.

To declare or not to declare property claims

If a divorce involves a property dispute, it is often better to separate the two issues by time or court proceedings.

Divorce usually takes between 1 and 3 months, which means that a new family can be built after a court decision.

If a property dispute is also considered at the same time, the court may take a very long time, especially if one of the spouses becomes an obstacle.

On the other hand, the way in which property is divided can affect the material situation of the spouses, and this factor is relevant to the settlement of the children's place of residence and maintenance obligations.

There's no clear answer to the question of what the demands are to be made with the divorce. Every situation is individual.

But the court will definitely decide on the child's residence and maintenance if the parents do not come to an agreement.

Any other property and family disputes between the spouses can also be resolved after the divorce, and perhaps even more calmly and successfully than at the dissolution of the marriage.

Divorce in the civil registry, if children are present

If there are minors, divorce is possible through the civil registry, but only in three cases:

1. The spouse has been convicted and serving a sentence of more than three years ' imprisonment.
2. The spouse is found by the court to be incompetent.
3. The spouse has been found missing by the court.

In the first case, it was sufficient to file an application with the civil registry, attaching a copy of the court ' s sentence and a certificate from the places of deprivation of liberty; in the other two cases, the divorce must be preceded by the proceedings for declaring the spouse incompetent or missing; the decision would also have to be appended to the application.

What documents are needed for divorce if there is a minor child?

As is well known, in the case of underage children, divorce proceedings must be brought before the courts.

Such proceedings are initiated by bringing the matter before a judicial authority.Statement of claim.

In addition, the law requires that andA number of other documents- Government fees, passports, marriage certificates, birth certificates, common property documents, etc.

Only if all the necessary documents are in place can the court order the dissolution of the marriage, which in turn may be the basis for the State registration of the divorce, after which each of the spouses shall obtain a certificate of dissolution of the marriage.

Application for divorce in the case of minor children

Family law provides for two ways of formal dissolution of marriage:administrative and judicial.

As a general rule, administrative procedures are carried out in the civil registry, with the mutual consent of both spouses to divorce and the absence of common minor children (article 19, paragraph 1, of the Criminal Code).

If there are common children and the legal status of the spouse is not included in the circumstances mentioned in article 19, paragraph 2, of the UK, the dissolution of the marriage shall be effected.only through the court.

The claim isPriority and core documentIf a divorce is to be brought before a court, it must, first of all, meet the requirements of article 131 of the Code of Criminal Procedure and must be treated with maximum responsibility and must contain the following particulars:

• Data of the plaintiff and the respondent spouse:: FIO, address of residence, telephone number, place of work, INN, date and place of birth, nationality, series and passport number, as well as other personal details known to the plaintiff.
• Name of judicial authorityin which the statement of claim is filed.
• Request from the plaintiffThe wife may retain her surname by her husband or give her a maiden's name.
• Reason for divorceIn determining the reason given, it should be borne in mind that the court will determine its balance for divorce, and if there is a common child and it is his or her rights that must be respected in the first place, the weight of the reason for the divorce will have a direct impact on the outcome of the case.
• Reference to:...........................................................................availability of common childrenIn the absence of a dispute between the spouses about the child ' s place of residence, the application must contain a request for leave from the court if there is such a dispute.
• Property disputes.Where there are disputes over the division of joint property, their resolution is also carried out by the court (art. 38 (3) of the UK), for which purpose the claim must reflect the relevant requirements, with an indication of the list of items and other property to be divided.

Rent for the payment of the civil service in the event of a divorce through a court of law

By the provisions of article 132 of the GPC, the legislator determinesA number of documentsSuch documents include a receipt confirming the payment of State duties.

The need to confirm the payment of the State duty when filing an application for divorce is due to the fact that, if this rule is ignored, pursuant to article 136 of the Civil Code, the court may leave such an application.without movement.

At the same time, the claimant is given the opportunity to correct the deficiency, otherwise the claim is considered to be pending and is returned to the claimant with all the material submitted.

• Under article 333.26, paragraph 2, of the Convention, the State party is required to submit an application for divorce of a marriage in accordance with article 333.26, paragraph 2, of the Convention.650 roubles and charged to each spouse.
• On the basis of the fact that a receipt of payment is submitted together with the claim, the payment must be made.Before making such an applicationin any of Russia's commercial or state banking organizations or post offices.
• Compensation for the payment of the majestyshall conform to the requirementsin accordance with the provisions of Order No. 107n of the Ministry of Finance, of 12.11.13, in particular, to identify the payment itself and its payer, as well as to provide other information, such as the SNILS and the INN of the payer, the details of the passport, the requisitions and the name of the payee, the amount and date of payment, its purpose, etc.

A D citizen decided to divorce her husband M, but in view of the fact that they had a child in common, the divorce procedure, according to article 21 of the UK, must take place in a court of law.

After collecting all the necessary documents, she filed them with the District Court at her place of residence.

The Office of the Attorney-General accepted the documents, but drew D ' s attention to the fact that, among them, there was no receipt of payment for the Ministry of Foreign Affairs, which was mandatory, to which D responded that he was poor and had no money to pay.

After a period of time, D received a court order by post, which, pursuant to article 136 of the Civil Code, for lack of the above-mentioned receipt, left her application motionless; it also established a two-week time limit for D to pay for the said service, and in the case of non-payment, established the possibility for the court to return the D application, such as that which had not been filed.

Fearing the consequences, D paid the Minister ' s Office on the same day and presented it to the judicial office.

Other documents attached to the statement of claim

An application for divorce and a receipt of payment from the Government are two main documents, without which the divorce proceedings cannot be heard in court; however, other documents must be submitted to the plaintiff in order for the case to be fully heard in court.

In particular, on the basis of the requirements of article 132 of the Civil Code, the claimant must also submit documents showing his/her identity, as well as all the circumstances invoked by the claimant in the substantiation of his/her claims.

Among such documentsCan be singled out.:

• A copy of the passport.A claimant or other document certifying the applicant ' s identity.
• Marriage certificateThe statement of claim makes it mandatory to state that a marriage has been contracted which, in the plaintiff ' s opinion, is subject to dissolution, and that the certificate is required precisely to confirm the conclusion of the marriage.
• Birth certificate of a common childIf there are more than one minor in common, the court shall be provided with certificates for each of them, which are necessary to prove the existence of a common child, which is the reason for the divorce proceedings before the court (art. 21, para. 1).
• An extract from the home bookor a certificate from the place of residence confirming the existence of a common child with one of the spouses.
• Certificates from the place of work or other institution,Earnings proof of incomeThese certificates will be required for the court ' s objective determination of the child ' s subsequent residence and for determining the amount of maintenance.
• Legal and other instrumentsThese documents will be required if there are claims in the application for division of property between spouses or if maintenance is to be recovered.
• Marriage contractwhere the divorce process has to take into account its provisions, in particular with regard to the property rights and interests of the spouses.
• Application for divorceThe above-mentioned document, if available, confirms the settlement of all disputes relating to divorce in pre-trial proceedings, which shows that there are no objections and disputes on the part of the defendant, thus greatly facilitating the divorce proceedings before the court.

Court decision on dissolution of marriage

Having considered the case of divorce on the merits and having heard the views of the parties on the possibility of divorce, the court shall resolve the issues before it,by a court decision issued in the name of the Russian FederationThis decision shall be taken by the judge alone: the presence of any other person or the influence and pressure on the judge in making the decision shall not be permitted.

According to article 197 of the Civil Code, the court ' s decision to dissolve the marriage must be in a written document signed by the judge who made the decision, and any corrections and proofs in the decision must also be signed by the judge.

The court ' s decision, pursuant to article 199, paragraph 1, of the Civil Code, is takenimmediately after considerationCases and proceedings on the merits.

The full document shall be drawn up and constructed within five days of the judgement and shall, in accordance with article 198 of the PCA, contain:

• Time and place of its deliverythe name of the court making it, the composition of the court, the list of persons participating in the proceedings and the subject matter of the proceedings, which may be the dissolution of the marriage, division of property and recovery of maintenance.
• Characteristics of the legal conflictin particular, the explanations of the case provided by the parties, references to evidence supporting the circumstances stated by the parties, initial and counter-claims by the parties, etc.
• Court ' s conclusion in the divorce caseJustification and reasons for the conclusionIn particular, the circumstances established by the court as being present and evidence of the existence of these circumstances are given on the factual basis of the court ' s opinion.Legal basis.
• The operative part, which is in the form of a non-motive order,Actual judgementIn particular, the court ' s finding as to whether or not the claims have been satisfied is determined.

Divorce certificate

According to article 31 of FL No. 143 of 15. 11.97, the court ' s decision on the dissolution of marriage isgrounds for State registrationThe dissolution of the marriage by the registry authorities.

On this basis, after the expiry of the time limit for appeal against the judgement and its entry into force, in order for the divorce to be registered by the State, the spouse concerned must apply to the civil registry, which must be accompanied by the court ' s decision referred to above.

After the month following the submission of the application, the Office of the Attorney-General shall register the divorce in the State, after which it shall:to each of the divorced spousesissues a divorce certificate (art. 38, para. 2, FL No. 143).

Divorce is registered on the basis of a court decisionwithout the presence of the spouses- The certificate shall be issued to them at any time after the divorce has actually been registered. According to article 38, paragraph 1, of FL 143, the certificate shall contain the following particulars:

• The name of the authority responsible for the State registration of the dissolution of marriage;
• FIO (both before and after divorce), date and place of birth, nationality and nationality of each of the divorced spouses;
• The information and details of the court decision which is the basis for the State registration of divorce - the name of the court, the date and time of the decision, the number of the decision, etc.;
• Date of termination of marriage;
• Record numberthe dissolution of the marriage, as well as the date on which it was entered into;
• The date of issue of the certificate and the name of the person to whom it is issued.

Note that the divorce certificatedoes not contain the reasons for avoidanceIt only confirms the registration of this act of civil status.

Questions From Our Readers and Questions from the Consultant

What was the amount of the duty to file a divorce application with the court?

According to article 333.26 of the Code of Criminal Procedure, the amount of public service for such acts is 650 roubles, which is paid before the application is made, and the receipt of payment is submitted with it (art. 132 of the Code of Criminal Procedure).

I want to sue for divorce, but I can't find his registration certificate.

In order to do so, you must apply to the Office of the Attorney-General, which issued the certificate initially, and, according to article 333, paragraph 6, paragraph 1, of the Code of Criminal Procedure, the State Ministry is required to issue the certificate, which amounts to 350 roubles.

Divorce in 2018 — procedure, children, property

Divorce is a stress situation in which the emotional state of the spouses becomes an obstacle to any action taken by them, and there are various ways of breaking up a marriage, the rules and conditions of which are regulated by law.

The choice of a particular path depends on the desire to divorce both spouses, common minor children and expensive property, and we will try to understand the procedure and the requirements of the State.

Divorce through the civil registry is the fastest and no problem.

The conditions for its implementation are as follows:

• The absence of common minor children (general by blood, adopted jointly, and adopted by the second spouse).
• The absence of joint property with a value of more than 100,000 p.p.;
• A mutual desire to divorce;
• One of the spouses is found missing, dead or convicted for more than three years.

Divorce proceedings take place at the place of registration of the spouses (if they are registered separately) or in the register of marriages.

If all the documents were properly collected and there were no formal grounds for refusal, the divorce period was 30 days.

Divorce through court is a complex and often necessary decision

In all cases that are not suitable for divorce through the civil registry (children or property disputes), the divorce process is processed through a court; if both spouses want to divorce, the procedure will be much faster.

Regardless of the situation, the trial usually lasts more than one month and less than six months.

The following actions are taken by the courts:

• It is decided which spouse the child(s) will live with;
• Distribution of property rights (distinguishment of property);
• The need to pay maintenance and the amount thereof is established;
• The possibility of divorce is being considered.

In court proceedings, the dissolution of a marriage will be refused if the claim is filed by a husband whose wife is pregnant or has a child under one year of age.

On request, time may be allowed for conciliation (not more than three months) and divorce proceedings are most often heard by the courts of residence, although divorce through a justice of the peace is possible (subject to agreement).

How to Deal for Divorce — Traditional and Modern Ways

In order to initiate divorce proceedings through the civil registry, the husband and wife must come together to file a joint application; if one of the spouses cannot come in person, his consent must be given in writing, notarized.

Instead of having a personal presence in filing documents, you can use a multifunctional centre or apply for a divorce via the Internet.

The best thing to do is to bring a pre-packed package in person, although it can also be sent by mail; usually some papers are missing, so the court will demand them during the hearing.

A list of the necessary documents can be found in each court that deals with divorce proceedings or in the relevant section.

Children in divorce, respect for the rights of the child

• If the couple had common children, the child ' s property rights were protected in court, and it was also decided which parent would be more comfortable with him or her after the divorce.
• The property of the children is not divided between the spouses and includes gifts (toys, clothing, appliances, hustles, and interiors — bed, wheelchairs, furniture), as well as items purchased independently for scholarships, grants, or gifts of money.
• The separation of children in divorce (in the event of a dispute) relates to one of the most serious issues and is decided only by the court of general jurisdiction (district court).

Several factors are taken into account in determining the children ' s future residence:

• The child ' s opinion, if he or she has reached the age of 10, is not decisive, since other, more objective and compelling circumstances are considered by the court;
• The financial condition of the parents, although there is no clear criterion for the final decision; the high level of the father ' s income does not guarantee the automatic transfer of the children to his upbringing, nor is the mother ' s low means of subsistence the sole reason for the refusal;
• Children ' s relationship in the family and affection for each other;
• The manner in which parents work, and the way in which they communicate;
• Other objective circumstances that may become known during the trial.

You can read more about respect for the rights of the child here.

Agreement on Children in Divorce

The best way to reach agreement on the children ' s place of residence, maintenance and upbringing is through a written agreement, which is the right of parents and not the duty.

The Children ' s Agreement greatly simplified the divorce process by minimizing the court debate; the contract was first drafted and then submitted to the judge for consideration.

If the agreement is acceptable for the child ' s full development, it is taken into account and shall enter into force by a court decision; if the terms of the agreement are not fulfilled, the spouses may be subject to coercive methods.

How much is a divorce?

The cost of the procedure consists of two indicators: the amount of the government service and the associated costs.

When the application for divorce is filed in the civil registry office, the State is 600 p. (since 1 January 2015) and the court is 650 p.p.

Payment is made through a bank or self-service terminals, and requisitions can be obtained from the relevant departments ' websites.

The services of lawyers in divorce cases are much more expensive and necessary if there are disputes over the division of property and the rights of the child.

The larger the amount of property to be divided, the greater the tangible cost of legal services; in district centres and small towns, minimal costs can be incurred, whereas in divorces in large cities, the amounts spent are very high.

Read more about the cost of divorce in this article.

What documents are necessary for divorce?

In order for the procedure to be processed through the civil registry, it is necessary to prepare:

• Application from both spouses: The best way is to fill it out in the presence of the staff member, although alternative means of submission are allowed (see above);
• Marriage certificate: A divorce certificate (divorce certificate) is issued only after it has been delivered;
• A receipt for the payment of a government service or a check from a self-service service provider.

In the case of the filing of documents by one of the spouses (in the case of a second missing, deceased, incompetent or convicted person for a period of more than 3 years), an additional court decision shall be attached.

In order for the case to be tried, it is necessary to:

• Statement of claim;
• The birth certificate of the child;
• An extract from the home book;
• It's a receipt to pay for the government service.

This list is far from complete, since different courts may have different approaches to dealing with such cases.

You can read more about the divorce papers in court in this article.

Basics for the division of property in divorce

The main subjects of property disputes in the division are movable and immovable property, as well as common debts; initially, the court is guided by the equality of the spouses ' share of the jointly acquired property.

Such a dispute is resolved regardless of the presence of children, although it may be appropriate to hand over certain items to the spouse who is raising the child.

Since it is difficult for both spouses to use the same apartment (see "Segregation of apartments in divorce"), the car ("Section of machines in divorce") after a divorce, it is recommended that a change of ownership be agreed upon in the first place.

Debts and loans belonging equally to the husband and wife are often shared equally; if a loan was taken by one of the spouses before the marriage, the matter of the division of property would be difficult; this relates to the purchase and sharing of property acquired with a loan, a private case of which is a mortgage in the event of divorce.

In the absence of an agreement between the spouses, the separation process can be very lengthy and costly.

How to survive a divorce?

The question of returning to normal life after the dissolution of a marriage is delicate and ambiguous; it cannot be subject to any strict criteria, since the individual is not sensitive to the same strains, but only to give general advice that can be useful in this difficult situation.

Lowering your passions and getting back to normal after divorcing your husband can be done faster if:

• Trying to let the other half go. It's not meant to erase all the contacts in the phone and close the doors down, but to let go of the negative, to accept the ex-husband's freedom;
• Do not go into all the troubles; the desire to fill the void in the wounded soul may end up sadder and hurt more painfully.
• Find yourself something to do – fitness, travel, ice skating, some kind of hobby. You can go to work with your head, but don't try too hard. Overstress can cause another nervous breakdown.

The advice for men is about the same as for women, and there is one additional rule: "Don't get in the bottle." After a divorce, many members of the strong half have problems with alcohol, which only exacerbates the problem. No one demands that the "dry law" be respected, but there is a need to limit the consumption of alcohol.

Conclusion

Divorce is a psychologically complicated procedure, accompanied by financial loss and abandonment of a well-established way of life. If you fail to maintain a family, try to find a solution acceptable to both sides.

Not only are costly legal advice and advice posted on various websites helpful in solving disputes, but your willingness to make concessions and seek compromises is also helpful.