How to file for divorce if you have minor children?

Divorce proceedings are common. The process is doubly unpleasant when small children remain and property will have to be divided. The Russian family code provides that a couple who has entered into a legal marriage can terminate it. There are different reasons for divorce. How to file a divorce if there is a child who is under the age of eighteen? Consider how to file a lawsuit in court for divorce for families with children.

Permissible cases of filing for divorce with children under 18 years of age

It is possible to disperse through the registry office, even if there are children born from marriage who have not reached eighteen years of age in two cases:

• one spouse is missing;
• the spouse is serving a prison term (more than three years).

A month is given for the party initiating the divorce to consider the actions and consequences. A month later, documents are issued stating that the marriage is dissolved.

In other cases, a divorce, if children remain, is formalized only through the court. The World Court considers claims when the parents have no disagreements about who the children will stay with, who will support them. There are no property disputes. In addition to the statement of claim, an agreement regarding children is attached. If the former spouses have disagreements regarding children, do not come to an amicable agreement between themselves, the case is considered by the district court.

Instructions for filing and processing documents for divorce

The petition for divorce is filed in two copies. Either side submits. You can download and make an application according to the sample, which is located at the bottom of the article. You will also find Form 9 and Form 10 there.

For proper registration, seek help from qualified lawyers, ask a question through the form on our website.

The statement states:

1. details of the judge or the name of the court;
2. passport details of the plaintiff, place of registration and address where he lives;
3. passport data, place of registration, address of the defendant, where he lives;
4. date and place of registration of marriage;
5. indicate the number of children born in marriage who have not reached the age of eighteen;
6. justify the request for a divorce, the reason why it is impossible to live together;
7. requirements for the deduction of alimony, If the baby is not 3 years old at the time of the divorce and the mother is on maternity leave, then for the maintenance of the mother;
8. personal signature to put the claimant submitting the application, indicate the date.

The following documents are attached to the application:

• original marriage certificate;
• copies of birth certificates certified by a notary;
• receipt of payment of state duty.

The date of the court session is fixed within a month. When the judge sees it possible to save the family, time is given for a possible reconciliation of the spouses - up to three months. If the desire to divorce is final, at the second meeting, the court makes a decision to terminate the marriage. A month later, the decision will take legal effect, if there was no appeal. There are some nuances when applying for a divorce when there are children.

• the hearing is adjourned when one party is absent for good reason;
• when lost: marriage certificate, about the birth of children, contact the registry office to obtain a duplicate;
• if you do not know the address where the defendant lives, apply at the place of the last known registration.

Usually, the application is filed with the court where the defendant lives. If the defendant lives far away, the woman has small children, file where you live. During pregnancy, when the baby is less than a year old, a man by law does not have the right to separate from his wife. The wife has the right to be the initiator of separation from her husband, despite the pregnancy.

Court are awarded monthly maintenance payments:

1. for one child - 1/4 of the salary;
2. if there are two children - 1/3 of income;
3. if more than three children - 1/2 of all cash income;
4. a fixed monthly amount is assigned;
5. if the baby is under three years old, alimony is paid for the baby and the mother who is on maternity leave - 50% of the income;
6. when disabled children remain dependent - 50% until the age of 18.

An extract from the court decision on divorce that has entered into legal force is sent to the registry office that registered the marriage. For a final certificate confirming that the marriage has been dissolved, contact your local registry office.

Filing for divorce online

Having made the final decision to disperse, go to the Internet portal. After receiving the court decision and scanning it, in the cases indicated above:

• if there are minor children;
• if there is a dispute about the division of property;
• one spouse is missing;
• one spouse is disabled;
• if one spouse is serving a long prison sentence.

Pre-scan your passport, marriage certificate. Having all the documents, we register via the Internet on the State Services Portal, if you do not already have your own account. After registration, you need to verify your identity with a code. You will receive an activation code within two weeks at a Rostelecom branch or post office.

In the search engine of the portal, by keywords, we find the section of interest. Choose - section of state registration of divorce.

Fill out the application form offered in the “receiving services” menu and upload copies of the required documents in electronic form. The application is assigned a number. The date of acceptance for signature by the registry office is set. You can pay the stamp duty here. The decision is made within one month. You will save a lot of time by filling out divorce papers and submitting them via the Internet.