Divorce with a child under 2, 3

The dissolution of marriage is a painful process for the family, especially if there are minor children, and the age of the children has an impact on the possibility of divorce and on the obligations of the parents.

A large percentage of families break up in the early years of the baby's life: it's hard to get used to a new parent's status, to change the way of life, to sacrifice their interests for the family's interests, and not everyone is able to cope with new responsibilities — often the couple see a way out of the impasse in separation.

On the verge of breaking up a family, they ask: Is divorce possible if the family has a child under the age of three?

Can a child be divorced if the child is not 3 years old?

Very often, marriages break up before they get stronger, and children suffer the most, and the court usually takes the mother's side, regardless of the reasons that led to this outcome.For example, if the child is less than one year old, the spouses will be divorced only with the consent of the wife.

If the child is between 1 and 3 years of age, divorce is possible, but there are certain specific obligations: until the child reaches the age of 3, the mother is on maternity leave, she cannot work, and all expenses for her and the child ' s maintenance are borne by the child ' s father. According to article 89, from the time of pregnancy until the child ' s third birthday, the mother is entitled to maintenance not only for the child but also for herself.

If the father does not wish to pay alimony, the court shall determine the manner, amount and method of assessment.In order to calculate the amount of the payment, proof must be given of the lack of income of the mother; if the spouse who must pay alimony did not have income and work, the judge could set a fixed amount equal to the subsistence minimum in the region.

If the spouses decide on the future of the child on their own, there shall be a contract to confirm the payment; the contract shall be valid if notarized.

Where there are young children, who is responsible for the divorce?

• The former beloved may divorce through the responsible authorities:
• If there are common children who have not attained the age of majority, the civil registry does not have the right to divorce, except for certain nuances: one of the parents is incapable (to be confirmed by a document) or has been convicted and has served a real term of more than three years.
• In other situations, divorce proceedings are handled by the court.

How do you divorce a couple when you have a little baby?

If both parents have decided to divorce peacefully and have already agreed to do so, they will still be divorced through court, and the judge must ensure that the rights of the child will not be compromised despite the parents' relationship.

Order and step instruction

One of the spouses who initiated the divorce writes the application in two copies (one to be sent to the defendant).
The application is sent to the court, to which court depends on the decision of the spouses.

If the parents have discussed the fate of the child in advance after the dissolution of the family: the child ' s place of residence, time and manner of association with his or her second parent, then the application shall be submitted to the justice of the peace.

If the parents were unable to agree with whom and where they would live after the divorce, the appeal would be sent to the district court.

You have to have a receipt to pay for the government service and a package of documents you need.

Divorce procedure

The procedure for divorce is described in chapter 4 of the Russian Federation. The court will consider the case no earlier than one month after the filing of the complaint.The divorce process is delayed for a long time if, for any reason, there is a lack of documentation or the spouse has not decided who the child will stay with, where he will live, how often and where to see the second parent.

In the event of a dispute between the spouses concerning the future of the baby, the court shall decide who the child will remain with on the basis of the following factors:

1. The place where the parents would live after the divorce.
2. Parental material base.
3. Ability to educate children and the future.

In 8 out of 10 cases, the baby stays with the mother, but sometimes the court decides in favour of the father.Each situation is individual and all factors are considered in which the child ' s life will be the most physically and psychologically comfortable.

If the parents have decided in advance about the children, the process will proceed quickly: it usually takes two to three weeks.

If the guardian appointed by the court is against dating an old parent, the court will dispute the decision; the child has the legal right to communicate with both the mother and the father; the judge is entitled to schedule the visits by hour.

Statement

The proceedings are conducted in accordance with the requirements of article 131-132 of the Code of Criminal Procedure of the Russian Federation.

• Name and address of the vessel;
• Data on spouses (FIO, address, telephones);
• The requirements and reasons why the applicant wishes to have a trip;
• The desired last name after divorce;
• Full information on children under 18 years of age;
• The parents ' decision or absence of the children ' s dispute;
• The need to separate property;
• Signature;
• Information on third parties participating in the court;
• The value of the claim (if the property is divided);
• The date.

The application is written in several copies and is accompanied by copies of the remaining documents.At times, a certificate drawn up by the guardianship authorities is required, and it must record the living conditions of parents who have been unable to reach a compromise and discuss the future of their offspring.

Necessary package of documents

• Marriage certificate (original);
• The documents of the spouses (passport of the Russian Federation);
• The child ' s SVOR;
• Marriage contract (if any);
• A receipt for payment of the State duty;
• An extract from the passport table on registered tenants is proof of residence;
• Consent to divorce with the signatures of the spouses;
• a certificate that one of the parents is declared incompetent or is serving a real term in places of deprivation of liberty (if any).

The absence of any document is the reason for the transfer of the court.

Secretary of State

In order to obtain a divorce, the court pays a State fee of 1,300 roubles (650 for the suit, 650 for the divorce certificate).It's a price without a division of property, paid by the bank with the details of the court.
The government has 350 rubles for divorce through the civil registry.

If the spouses plan to share what they have acquired, the price will be different: it depends on the claim.

Nuancees if the wife doesn't agree to divorce

The wife ' s refusal to divorce does not affect the divorce procedure, provided that the child is over one year old.Divorce is possible for up to a year only on the initiative or with the consent of the wife, and this rule also applies even if the birth has ended with the birth of a dead baby.

The lack of consent can only delay the procedure; the proceedings will be postponed at all times; if the court is to be held without her presence, the wife must be notified of the forthcoming hearing. If there are three no appearances, the court will divorce the spouses.

Attention!A woman had the right to file an appeal against a court decision, to request a time limit for conciliation of the parties, which could affect the length of the procedure.

In order to avoid the imposition of a period of conciliation, the application may indicate that there is no reconciliation due to immoral behaviour or harmful habits of the wife.

Then provide evidence or witness testimony.

The dissolution of a marriage with children under three years of age is possible. How long the procedure will last and by whom will be accomplished depends on many factors.

Divorce with a child under the age of 3 is a painful process that affects, first and foremost, a child who loves both parents, whatever they may be.

It's worth thinking about his future, possible psychological traumas due to the break-up of the family, and trying to keep the family safe without ruining everything.

In divorce with whom the child remains

Of course, regardless of who the child remains with, he or she suffers a certain psychological trauma, the degree of which will only be determined over the years.

But what if there is no other way out if the divorce is inevitable?

First of all, the following circumstances need to be clarified:

1. Legal provisions of the law relating to divorce proceedings where children are present.
2. With whom will the child be better, taking into account all the important points that have emerged, including those that determine his future, full development and a comfortable life.
3. To hear the child's own thoughts on this matter, as well as his views on who he would like to stay with and why.

The provisions of article 65 of the Family Code of the Russian Federation set out the procedure for deciding where and with whom the Chad would live, and the parents themselves were required to do so by mutual agreement.

What is stated in the legislation

The courts ' application of the law in resolving conflict situations involving the upbringing of children established that the decision of the court should in no way conflict with the interests of the child, as well as in any way violate the interests of the child.

Even in court, it is possible for parents to conclude an agreement to determine the place of residence of their children, as well as the manner in which they meet with the other ex-wife.

When the consent of one of the spouses is absent or there are minor children, the marriage is dissolved by the courts.

Since there will be two main issues before the court:

• Where the child will live and with whom;
• The procedure for the payment of alimony.

The main criteria that will affect the court ' s decision are as follows:

• In accordance with the established rule and practice, the mother has priority, since she is the woman who has given birth;
• This includes both the property situation of the parent and his/her lack of harmful habits;
• Account shall be taken of the child ' s attachment to one of the parents and other family members;
• Other conditions that give rise to the situation prevailing in each spouse ' s place of residence.

The dissolution of marriage is a complex process. One of the most important conditions here will be a sound approach to all its phases.

Efforts should be made to put negative emotions aside, especially if the question arose as to who the minor children were left with in the divorce of their parents.

Where the child ' s wish is taken into account

The child ' s wish must be taken into account, but only when he or she has reached the age of 10; in the course of the hearing, it is mandatory for a member of the committee to be present from the guardianship and guardianship committee to be present.

The child is asked questions that are not complex. Who does he love more? Who would like to live with more, and why?

The guardianship and guardianship authority is a third person who does not make a claim, and its sole task is to protect the interests of children in court proceedings.

The conclusion of the public service in question is the main evidence for the court, which is the subject of considerable attention, as it has an impressive legal weight.

Who the child remains with in the divorce of his or her parents

If one of the parents is in a more difficult state of both property and wealth, but the child is heavily attached to it, the judicial authorities will base their decision more on his or her attachment than on how much private property the spouse has and how much money he or she has.

It should not be forgotten that one parent would pay monthly alimony equivalent to 25 per cent of his or her total income.

If the child is breast-fed

• Over the years, some jurisprudence has emerged, where fathers have found it very difficult to prove their right to leave the child with him.
• There was a presumption in which all children under the age of three were always with their mother.
• Since the child needs a lot of maternal love at such a tender age, and men, by social nature in the family, spend more time at work making money.

For the record.

Prejudice is a rule for the highest court, which unequivocally adopts a fact established by a court decision previously in force on this matter and in similar circumstances (e.g. the participation of the same persons, etc.).

If the mother is in a decree

Since the mother is entitled to maintenance for both the children and her maintenance until the child reaches the age of three, the absence of an independent income during the parental leave will not be a reason to transfer it to the father.

Nor can the lack of formal registration at the place of permanent residence prevent the child from being raised and at any rate restrict the mother ' s civil rights.

If the mother doesn't work

Only substantial reasons can affect the decision to leave the child with the father, namely:

• The chronic phase of alcoholism;
• Unuseful lifestyles (e.g. prostitution combined with domestic drinking and inviting various outsiders to their homes where children live);
• Existence of severe mental illness;
• Indecent behaviour related to the systematic beating of a child of a minor degree as well as signs of starvation.

Thus, a mother's temporary or even long absence from work is not a reason to take her children away from her.

The mortgage in divorce with children is described in the article: Mortgage in divorce.

When you're with your father.

Quite often, the desire of the father to take the children into foster care is understandable; the mother may not have a healthy mind or a disease that would hinder the full development of the children.

It often happens that the father, after a court decision to leave the children with the mother, no longer sees them.

Despite the schedule set by the judicial authority for the father ' s communication with the child, the mother began to obstruct it in every way, hence the desire of the former head of the family to have him left with him in advance.

The preparation of such a claim is not possible without a qualified lawyer or lawyer; there are precedents, but there is a clear strategy and a full justification for the legal position chosen.

The first step should be to complete the application to the guardianship authority, which should indicate the reasons for the children ' s living with the father.

In other words, if it is not reasonably possible to convince the representatives of the service that the father would be the best choice for them, then the case could be considered doomed to failure.

Evidence and strengthening of the legal position will require the collection of documents indicating the active participation of the father in children ' s lives, as well as the possibility of bringing them up in a variety of ways.

For example:

• Bank receipts;
• Goods cheques;
• Testimony of other relatives and neighbours;
• The characteristics of the workplace;
• Confirmation of the existence of a well-equipped dwelling with a bed, as well as a rest, leisure and various activities area.

In any event, if there were normal living conditions with the mother, the court would be inclined towards her, even if the guardianship authority's opinion was on the side of the other parent.

Why They Give Mother More

Under the law, the mother has no prerogative before the father, and family law establishes one principle relating to the equality of spouses in both the maintenance and upbringing of children.

It is not so difficult in European countries to leave children with their father, but it is very difficult in our country to prove such a right.

The main factor is the child ' s attachment to the mother, as he spends a lot of time with her, gets the right love and affection from her.

Thus, the necessary maternal care and permanent employment of the strong half of humanity have become the main components of the established jurisprudence, which in turn generates statistics.

Last year ' s statistics

It sounds rather cynical if we say that before we get married, we need to think about how to get divorced.

Nevertheless, this will make life easier, and at times even help couples to look at such things in a more meaningful way, leading them to a deeper understanding in the future.

This is the conclusion of a marriage contract, under which it will be clearly stated where and with whom the child remains in the divorce of the parents if it cannot be avoided.

The proportion of court decisions over the past year, where priority was given to the mother and then left the children behind, decreased significantly.

Taking into account the trend over the years, the shift from hard and high 95 per cent to low 88 per cent (in the past 12 months) is quite tangible, reflecting the changes in judicial practice that have taken place.

What are the differences between your children and those adopted at the dissolution of marriage?

There are no major differences since the law equates adopted children with their families, and there is a certain procedure for entering into maintenance obligations in divorce, as well as grounds that may lead to the annulment of the adoption.

In such cases, the court was fully committed to the protection of the adopted child, and the law gave the right to oblige the former spouses to take full care of the child, notwithstanding the annulment of the adoption.

These marriages are dissolved only in court, but there are exceptions, namely:

• One of the spouses was officially declared missing;
• Convicted in criminal proceedings for more than three years;
• The court found one of the spouses to be totally incompetent.

The court may not cancel the adoption; the guardianship service will play a role, which will also have to draw up its opinion; the opinion of the child itself will be considered important; the age limit remains the same and is 10 years old.

Historically, it is believed that the child will be better off with his mother, hence the psychological aspect.

Whatever the public attitude on this issue may be, only love and full support from both parents will help them to grow up to be a full personality.

1. The manner in which divorce takes place in the case of minor children is shown in the article: divorce in the case of minor children.
2. What documents are needed for divorce through court if there are no children, look on the page.
3. Statistical data on the causes of divorce in Russia can be found in this information.

Who do children end up with when they divorce their parents?

Marriage in families with minor children is dissolved only through the courts.

Who gets kids under the law in a divorce?

The Family Code only formally and only at the age of 10 gave children the right to decide which parent they would stay with after divorce, but it did not deprive the parents who had maintained a neutral relationship of their own decision.

By law, parents with minor children may agree with one another on who their child will be left with after divorce, and after such a decision is made, to record it by signing a settlement agreement or by informing the court of it upon dissolution of the marriage.

Was the child ' s opinion taken into account in divorce?

In each individual case, judges take into account the views of the parents themselves on the matter, as well as of their minor children; the views of the children who have reached the age of 10 are ascertained by their words, the conclusions regarding the younger children make an examination or the court, with the participation of a child psychologist.

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Who does the court leave the child with after the divorce?

As a rule, in 95 per cent of cases in Russia, minor children remain with their mother.

But the question of who is left behind when a child is divorced is one of every good parent, and the case law will not give us a clear answer to these questions. Each case is individual and very complex in its own way. The current law requires the court to place the interests of the children at the centre of its concerns, but how can this be done in practice?

In making the decision, the judge must assess the level of employment of each parent, i.e. the amount of time they have to spend with their children; there is no point in this matter, so that during the court proceedings they will be required to:

• The characteristics of the workplace are presented;
• The material situation and living conditions of each parent have been studied;
• Neighbors were heard and, depending on the child ' s age, teachers or kindergarten teachers were heard;
• Special attention will be paid to the moral qualities of parents — in a father's drinking - or gambling - habit, there is little chance of leaving his child with him.

Parents should therefore ensure in advance that a child psychologist, teacher from the school or kindergarten teacher is invited to attend a court hearing; if necessary, the court may invite them by issuing summonses to them, but this should be requested in advance.

Why does a child stay with his mother in divorce?

Note that the majority of children under the age of six are left to live with their mother, and it is believed that children at that age need maternal care.

The exception is cases where the mother is seriously ill, is a drug addict or has an immoral lifestyle.

In deciding how to separate the children, the judge will decide on and determine the conditions of residence and maintenance of the children, and the "loser" spouse will enforce maintenance obligations.

If you have difficulty recovering maintenance, as part of our special program "Alements? - Elementary!", experienced lawyers will ensure that maintenance is fully recovered from the ex-husband. Call now +7 (495) 722-99-33, the introductory telephone consultation is free of charge!

Of course, no one limits the second parent ' s allocation of additional funds for the treatment, maintenance or any other upbringing of the child. If necessary, you can report to each other on the cost of the child ' s maintenance or, by agreement, spend time with the child, forgetting your differences for the child ' s benefit.

How can we speed up the separation of children in divorce?

A couple who start a divorce must take into account that the separation of children in a divorce may extend for several months if there is a conflict between the spouses.

At the same time, it is very painfully perceived by both parents and children, for whom it is a very serious test and a severe blow to the mental health.

In order to expedite the matter as quickly as possible and to minimize the child ' s attendance at court proceedings, it is advisable to seek the assistance of an experienced lawyer from our company.

To do so better at the time of filing a claim or even after a conflict has arisen: informed consultations will help to simplify life in the future.

Here are a few reasons why you need professional advice:

• The preparation of a valid application itself is a rather difficult task, and errors delay the divorce process and may deprive you of access to children;
• The financial costs you have incurred in your claim are compensated by the player, but no one will compensate you for your time and nerves;
• With a professional analysis of the situation, a specialist may find a way to solve your problem without conflict, taking into account the interests of both you and your children.

Remember that the termination of marriage between spouses with dependent minor children is always a major stress for parents and especially for infants. ICPI's "Plan of Law" professionals are prepared to provide you with all the necessary legal assistance and to resolve divorce disputes about children with the lowest moral and financial costs, both for you and for your child. And with the special program "Labour through Court Without Attendance", you will only be required to participate minimally! Don't hurt your children, don't go to emotions. Your call is now +7 (495) 722-99-33 The telephone consultation is free of charge!

Divorce with a young child under 3 years of age in Russia

Divorce with a child under 3 years of age is performed through the courts (art. 21) and in exceptional cases through the civil registry; the rights of young children are protected by the Family Code of the Russian Federation; the possibilities for divorce for spouses with young children are somewhat limited.

Is divorce possible through the civil registry in a family with a child under 3 years of age?

Under article 19, paragraph 2, of the Criminal Code, a parent with children has the right to file a divorce with the civil registry authorities without the consent of the spouse in the following cases:

• The spouse is missing (over one year missing, as confirmed by a court order);
• It is found to be incompetent (there is an appropriate court decision);
• He was deprived of his liberty for up to three years (a copy of the judgement).

Citizens will be divorced in absentia one month after the application has been filed; if the missing spouse shows up or leaves the place of deprivation of liberty, the divorce in absentia will be declared null and void.

In the absence of the above-mentioned reasons, the marriage of a minor child shall be dissolved with the participation of a justice of the peace; if the husband and wife fail to conclude the Agreement on the Children and cannot agree orally, the case shall be brought before the District Court.

Divorce with a young child under 3 years of age in Russia

The divorce proceedings begin with one (or both) of the spouses collecting a package of papers, filing a statement of claim and applying to a district or justice of the peace.

1. The claim at the place of registration of the defendant or at the last residence of the missing defendant;
2. Under article 29 of the Code of Criminal Procedure, a minor ' s parent is entitled to divorce in his or her place of residence.

The spouses pursue two options for divorce:

Divorce by mutual consent (article 21 of the Russian Federation)	Divorce (article 22 of the Russian Federation)
is held for one month in a magistrate ' s court without further clarification; Parents agree and express their wishes in court; The parents draw up an agreement on children, with a view to solving questions about the child ' s residence, maintenance and upbringing.	The case is handled by the District Court, and it will take between 2 and 6 months to obtain a divorce; The court may set a period of three months for conciliation; The courts decide on residence, the assignment of maintenance and the division of property.

When can a husband not get a divorce?

A woman with a child under three years of age will get a divorce through a court, even without her husband ' s consent, and if the couple do not reach a mutual agreement in the course of the proceedings, the judge will appoint a period of conciliation.

The husband is limited by the law on divorce if he or she has a minor child under one year of age or a pregnant wife; in order to divorce, the husband must obtain the wife ' s consent (art. 17) or wait until the child is a child of one year ' s age.

When are the guardianship authorities involved?

Divorce in court often requires the participation of representatives of the guardianship service. Under article 66 of the Code of Criminal Procedure, guardianship authorities are required to take part in meetings when the question arises as to the deprivation of parental rights by the spouses.

The guardianship specialists check the living conditions of the parent and the children, prepare the act, and the guardianship service confirms in court that the home, the apartment is suitable for the child and the conditions are favourable for the child; therefore, the lawyers recommend that the applicant decide on the issue of housing, employment and contact the guardianship authorities.

Preparation of a statement of claim and collection of documents

The application is made in writing, signed by both spouses, but may also be submitted by one of them, and the rules for the preparation of the application are set out in articles 131 to 132 of the Code of Criminal Procedure of the Russian Federation.

The form must include passport and contact details, reasons for divorce, requirements, family name, family name and patronymic of the child, date of birth, date of registration of the family union, and the plaintiff must indicate whether the defendant ' s consent has been obtained and what name he wishes to leave after divorce.

The following papers will be required to file a claim (art. 132 of the Code of Criminal Procedure of the Russian Federation):

1. The marriage certificate (the original is provided, not a copy);
2. The passport of the husband and wife;
3. Children ' s birth certificates;
4. Children ' s agreement, marriage contract (if any);
5. The second spouse ' s consent to divorce;
6. A family composition certificate or an extract from a home book;
7. Revenue certificates, property documents;
8. The act of the housing survey by the guardianship authorities;
9. The receipts for the payment of the mistress.

The list of documents may be amended and supplemented according to the circumstances of the case; copies of the documents shall be attached to the application and copies thereof; a notice shall be sent to the parties to the proceedings 10 to 15 days after the submission of the application; if the summons has not been received by mail, it is necessary to contact the judicial authority to specify the date of the hearing.

Who do children stay with until they're three years old after divorce?

In order to speed up the divorce process, the spouses must jointly resolve the issue of children; the results of the negotiations are included in the Agreement on Children, certified notarized (art. 23 of the UK), which is prepared separately for each child; the document specifies the place of residence of the children, the obligations of the parents, the procedure for communication, property and financial matters.

The hearings are scheduled one month after the filing of the complaint and the hearing may be held without the participation of one of the parties, and a request for a unilateral hearing shall be made, and the defendant shall have the right to lodge an objection, a plea or a motion for adjournment of the hearing.

As a rule, the courts leave children under the age of 3 with their mother, taking into account the conclusions of the guardianship authorities; the father shall not be deprived of the possibility of retrieving the child; the court shall decide on the basis of the interests of the children.

If it was proved in court that the spouse was immoral, had an alcohol or drug addiction, suffered from mental disorders, physical or psychological abuse of children, the judge would decide in favour of the father.

The parent who intends to dismiss the children must prepare the report of the guardianship service, salary and family composition certificates, recommendations and characteristics.

Support for children under three years of age.

In divorce proceedings, maintenance payments are made, the amount of the payments must be recorded in the Children ' s Agreement or in a separate document signed by the spouses; in other cases, the court determines the amount of maintenance.

The amount of the payment depends on the number of children (art. 81).

per child	Two babies.	for three or more children
1/4 of the defendant ' s salary	1/3 of salary	50% of salary

The amount of the share may be reduced or increased according to the defendant ' s financial situation and marital status; apart from maintenance payments, in exceptional situations the court may recover additional costs for a child who needs care or expensive treatment.

A spouse with whom a child under 3 years of age or a disabled child will reside has the right to claim alimony through the court (art. 89 of the UK) if the defendant has the necessary income to do so, in the following cases:

• To support a child under the age of 3 and a mother who is on child care leave (to be paid for two persons);
• The wife has the right to maintenance during pregnancy;
• For the maintenance of a parent and a disabled child of one group up to the child ' s 18th birthday (dual maintenance).

Both spouses may have an impact on the child ' s payment; for example, the defendant with a small income may apply for a reduction in maintenance; the plaintiff may apply for fixed maintenance payments, especially if the defendant does not have regular earnings.

Conclusion

Divorce, if one of the spouses so wishes, if the child is under three years of age, shall be arranged by a court, and a man who wishes to divorce a pregnant spouse or raising a child under one year of age shall not be able to break up the marriage, nor may a man who wishes to divorce a pregnant spouse or who is raising a child under one year of age.

If the spouses were able to negotiate, draft the Children ' s Agreement, settle the issue of alimony and division of property, divorce would take between two and three weeks, and serious disputes could delay the proceedings to six months or more.

Divorce with children under 3 years of age at the initiative of the wife: how and where to deliver

The value of marriage has recently declined in many countries of the world; Russia is no exception, as Rosstat's data show; having children reduces the likelihood of divorce, but does not exclude it.

Who can apply for divorce with a child under 3 years of age

Either spouse may apply for a divorce if the children are of any age, but it is difficult to divorce a child under three years of age.

Men can only apply for the dissolution of a marriage when the husband is willing to do so.

A wife may file an application for the dissolution of a family relationship at any time, regardless of how old the child is, the consent or disagreement of the husband is not required.

Divorce is only possible if the wife has children under the age of 3 years at the initiative of the wife through a court of law.

Divorce in the case of a child under three years of age is administered by a court of law on the basis of a lawsuit; in such cases, the mother may claim maintenance even after the dissolution of the marriage.

Divorce in the case of a minor child

At the initiative of the wife, divorce is possible in the following cases:

• In the "father" birth certificate, the FIO is written by a non-husband, i.e. he is not the father of the child.
• The husband has a criminal record.
• A husband's incapacity and a lie about it before the husband's wedding.

Even if a child is older than one year of age, the husband must demand it only on a court-martial basis.

There is a possibility of doing so through the civil registry, since even after that, a child must have a guardian and one of the parents must pay alimony.

It matters!The husband shall not have the right to divorce under the law if the man has not completed one year of marriage; the same shall apply if the wife is pregnant.

Where to apply for a divorce

Divorce with a husband in the case of minor children

The question often arises as to which authorities should apply for the termination of a marital relationship with a child under 3 years of age?

If there are minors or young children, you can only file an application with a court, which requires a statement written by two parents and, above all, a two-way desire to break up, in which case the spouses will be divorced by a justice of the peace.

If the dissolution is unilateral, at the initiative of the wife or husband, and it is necessary to decide who the son or daughter will live with, the documents shall be submitted to the city (district) court.

Step-by-step divorce procedure

1. If the husband wants a divorce, you have to wait until the baby turns 1 and ask the husband to give his consent.

• To reach agreement on the maintenance of the child and the mother (sum, regularity, method of payment), the choice of place of residence, the manner of meetings, the manner of upbringing, and the optimal preparation of a written agreement setting out all the agreements of the parent spouses.
• Prepare a statement of claim.
• Prepare a package of annexes to the suit.
• Pay the state duty.
• Make a statement in court in accordance with the law.
• To attend court hearings.
• Get a court decision.
• Register it with the registry office and obtain a certificate.

It matters!It is necessary to draw up a statement of claim correctly. It is not always necessary to state the reason for the dissolution of the marriage. For example, if the consent is mutual, the reason is not written. The statement of claim is written by hand.

In an application for divorce from a child under 3 years of age, there are sections that are mandatory to fill in:

• Personal details of the applicant and defendant, as well as of witnesses (if present).
• Specific justification for the reason for the dissolution of the marriage.
• Information on children (under 3 years of age and over).
• Marriage registration data.
• List of additional documents attached to the statement of claim.
• To determine the place of residence of the child up to 3 years after the dissolution of the marriage.
• Consent to division of property and maintenance.

Divorce involves the collection of the following documents:

• Marriage certificate;
• Evidence of common children;
• Where available, the marriage contract;
• Document confirming the place of registration;
• The income document of the spouses;
• Application from two spouses if the divorce is their mutual decision;
• Passport;
• If it is a divorce in which a child is under the age of a year, a document or a statement of the reason given above is required;
• It's a bill of payment for the mistress.

If this is an emergency divorce in which the Chad is under three years of age, a document must be provided that confirms the incapacity of one of the parents, or a copy of the criminal record claim.

When a judge decides who will be the guardian, he looks at:

• Parents' income.
• Everyone ' s place of residence, or social services check that the child ' s living conditions are adequate.
• They often listen to the child himself, taking his interests into account.

In divorce, the interests of the child are taken into account

Once the application has been filed and the necessary documents have been submitted, the State is paid for.

Care should be taken to preserve all documents containing information on the payment of services.

If the husband resists divorce, it is worth going to the justice of the peace, and it is particularly important to know what the guardianship authorities will say, because the most important thing here is the fate of the minor child.

It matters!The court will not accept the claim if the plaintiff has not paid for it, and the payment cheque is attached with the rest of the documents.

What documents should be made available to the court in the form of guardianship

• The income of a possible guardian, so that all children ' s needs are met;
• Place of registration;
• Probability of participating in the husband's children's lives.

Pay attention!If there are three children, the place of residence between the couple must be decided, and in this case the characteristics of their disability and the child ' s perception of each parent must be considered.

Time of sentence by a court and receipt of a decision

It's up to the parents, because it's easier to separate a marriage by mutual decision, but if a spouse ignores the wishes of his or her spouse, then it's difficult.

There is a known case where the divorce lasted about eight months with a couple of children aged 3 because the husband simply did not attend the trial.

There is also a fine for such an offence, but he has paid a fine and has tried to convince his wife of a second chance.

The most frequent difficulties are the disagreement of the spouses over the custody of the children (even grandparents may be the guardians), and there may also be disagreement about the division of property, so it is worth considering a marriage contract.

If the husband or wife is very persistent in ignoring the court and simply does not come, it is possible to divorce without the presence of the spouse during the year.

Fines are provided for absence from court

Commitments to provide for the child and the mother

The child ' s pregnancy and childbirth prevent the mother ' s self-sufficiency, vulnerability and psychological, financial and physical security, and the father ' s maintenance is paid when the marriage is dissolved, and maintenance is paid in the amount of one subsistence level.

In order to make a claim for maintenance, the State has to be paid in accordance with the law in force (art. 323.20), with a value of 200 roubles* for the claim.

If a woman decides to divorce her husband, there are valid and noteworthy reasons, and of course these will be dealt with by the courts.

It is therefore much easier for women to do so.

When a marriage is dissolved, the father is obliged to pay alimony.

Who Pays for the Secretary of State

The sum of 600 roubles* is entered by the plaintiff through the bank or payment terminal; the bill of payment is retained and a copy is provided with the rest of the documents.

It is now decided to increase the amount of the State Ministry in the event of divorce; the amount of the duty may be increased if the spouses have a dispute over the division of property.

To pay, you need to know the details of the court.

Judicial practice on the matter

Judicial practice shows that, after divorce, a minor son or daughter usually remains in the previous name, rarely in the mother ' s name, if she changes her name after divorce to her maiden name.

More information!In most cases, the court gives custody to the mother of the child; the father, in turn, must pay maintenance for the child and sometimes even the child ' s mother (art. 89); in the case of the mother ' s social behaviour, the child may remain with the father; the child ' s grandparents may also be appointed as guardians; first of all, the court seeks to protect the child ' s interests.

The divorce process is always a challenge for former spouses, but before breaking up a family, first consideration should be given to the well - being of their children and their future.