How to file for divorce if you have a child

Sometimes divorce is the only reasonable way out of a family impasse or protracted conflict. Spouses voluntarily and together - and sometimes, alas, independently and forcedly - make a difficult decision, and the law has no right to prevent them. However, if there are minor children in the family, the interests of the latter must be observed: in this case, divorce is possible only through a court.

The rights and restrictions of citizens regarding the divorce process are approved by the Family Code of the Russian Federation. The norms depend on the age of the child and also apply to pregnant women. If the spouses have several children, the procedure is carried out according to the rules applicable to the youngest of them.

Who has the right to file for divorce

• A woman can file for divorce in any situation, even if she is pregnant or with a baby in her arms. If she has a child, she has the right to apply to the world court both independently and together with her spouse, by mutual agreement.
• A man, as the breadwinner of the family, does not have the right to unilaterally declare a divorce from the moment his wife becomes pregnant and until 12 months have passed since the birth of the child.
• When a child reaches one year of age, either parent can initiate a divorce.

Rules for dissolution of marriage in court

The claim is filed by the interested party - the plaintiff - to the world court at the place of residence. From the moment the application is accepted to the consideration of the divorce claim, at least 30 days pass: during this time, the parents must agree among themselves on the right of custody, the amount of maintenance payments for the maintenance of the mother and child, discuss how they will divide the property, determine the order and frequency of meetings of children with their father. If the parties do not reach a consensus, their dispute will be resolved by a judge.

A claim for the recovery of alimony is often considered together with a filed claim for divorce. If necessary, the spouses file additional claims: on the division of jointly acquired property, establishing a schedule for communicating with children, etc.

With regard to parents of young children, the court may appoint an additional period - from 1 to 3 months - for their possible reconciliation. Its exact duration depends on the reasons for the dissolution of the marriage. Divorces in families with a small child sometimes stretch for more than six months.

So, if the initiator of the divorce proceedings cannot provide good reasons, or the defendant does not give voluntary consent, then the maximum period is set - 3 months. If one of the parents behaves immorally or poses a physical threat to the mother and baby, the court has the right to reduce this period to a month or not to appoint at all.

The state duty for divorce in 2017 is 850 rubles and is payable by each of the spouses separately.

Sometimes the quarreling spouses manage to reconcile during this time - then the judge stops the proceedings in this case. If they still persist in their desire to separate, the executive body issues a decree on the dissolution of the marriage, which takes effect after 30 days. During this period, either party has the right to appeal the decision of the court and seek a review of the case. Former spouses can pick up divorce certificates after a month at the regional registry office.

Husband refuses to go to court: what to do?

It happens that a husband and wife have not lived together for a long time, and divorce is the only way to end the relationship de jure and collect legal alimony from the unlucky father. The absent spouse may not even consider it necessary to appear at the court session, especially if he lives in another city. In this case, the judge postpones the date of the case to another day. If the defendant evades appearance, then at the third meeting, the judge will decide on the dissolution of the marriage and the payment of alimony without his participation.

However, if the plaintiff or the defendant cannot be present at the meeting for a good reason, he has the right to demand that the consideration of the case be postponed. The meeting may be postponed repeatedly, but in total this period should not exceed 3 months.

In the vast majority of cases, the young child is left with the mother. The law, although it provides parents with equal opportunities in raising their offspring, protects the right of motherhood in the first place. In order for a child, separated from its mother, to be given to the father by a court decision, there must be a very serious reason: the mother is not coping with her duties or is capable of harming the child. In what cases does this happen?

• Alcoholism, drug addiction;
• Asocial lifestyle;
• mental illness;
• A serious illness, as a result of which the mother is unable to take care of the child.

Naturally, the father must provide direct evidence - certificates, extracts from medical institutions and social security authorities, testimonies, photographs, records, etc.

It is extremely rare for a judge to consider other arguments in favor of cohabitation with the father:

• Lack of time for the mother to raise children: for example, if the child actually lives with her grandmother, and the mother has gone to work in another city or spends most of her working time on long-distance business trips;
• Lack of normal material or housing conditions for the upbringing and development of the child.

The latter reason, however, is almost never taken seriously. If a socially and mentally adequate mother is characterized as trustworthy, the children will stay with her regardless of the size and whether she has a permanent source of income.

An unemployed woman who has filed for divorce can safely count on a positive court decision - the child will be left to her. Moreover, a mother raising a child under 3 years of age or a disabled minor has the right to demand, in addition to alimony, additional amounts of material assistance.

Amount of alimony in 2017

Any child under the age of 18 is entitled to alimony from the father. If, after the age of majority, he studies full-time at a university, payments are extended until the age of 23. The total amount of child support depends on the number of children:

• 1 child - 25%;
• 2 children - 33%;
• 3 children or more - 50% of the father's income.

Payments are made no later than 3 days from the date of transfer of funds to the payer as income (wages, dividends, fees, etc.).

A mother or other relative caring for a child under 3 years of age has the right to demand financial assistance. The amount of assistance is determined arbitrarily when considering a claim and is measured in units of the subsistence minimum. The amount depends on the region and the financial situation of the defendant.

However, the father can subsequently reduce the amount of alimony by filing a lawsuit - for example, if he remarried and got other children. Prolonged illness or disability is also considered a valid reason.

How to divorce a foreigner

A foreigner who marries on the territory of Russia is subject to the norms of the civil legislation of the Russian Federation in terms of family law - the termination of the union occurs according to the same rules. If there is a child, the wife of a foreigner can file for divorce in the same manner as the wife of a citizen of the Russian Federation. The lawsuit is filed at the place of residence of the plaintiff in Russia, all disputes about the division of property and custody of children are resolved in court - in exactly the same way as for spouses-compatriots.

The interests of a husband who lives abroad at the time of consideration of the divorce case can be represented by a trusted person - an acquaintance or a lawyer who has the appropriate document certified by a notary.

A divorce through the court will take place without the participation of a foreign spouse - if he does not appear at the meeting - but the procedure will last much longer. The fact is that before each meeting, the court is obliged to notify the defendant by an official letter, and when setting the date of the transfer, it is forced to take into account the time required to receive correspondence, fees, flights and travel. Intervals between dates sometimes stretch the divorce process for a long time - but at the third rescheduled meeting, the case is considered even in the absence of the defendant.