What is the procedure for divorce with minor children?

Breaking up an unfinished marriage is not always as easy as one would like it to be. Especially difficult is considered in the presence of minor children. We will consider its nuances and features further.

Where to apply for divorce

The first, and perhaps one of the most important questions that worries spouses who have decided to break off their official relationship is what state bodies can help to fulfill their plans. The rights to such actions have three corresponding structures:

Magistrate's Court.
District court.
MARRIAGE REGISTRY.

The whole catch is that it will not work to contact any of the above bodies. Each organization is engaged in the consideration of certain cases, so the choice of a state structure should depend on the circumstances and the nature of the relationship between the spouses.

Dissolution of marriage through the magistrate's court

The easiest option for breaking off official relations is the divorce procedure through the court, or rather, through the so-called magistrate's court. Such a development of events is real only if there are no disagreements between the spouses, and both parties recognize their desire to dissolve the marriage. In addition, even before filing an application, the husband and wife must independently resolve all issues and disputes related to the distribution of property. In this case, the total amount of the latter should not exceed 50 thousand rubles.

In time, the fate of the child will be decided, since the divorce procedure in the presence of minor children must fully take into account the interests of small citizens. So, during the meetings will be determined:

With which of the parents will the child (or children) live in the future.
The amount of alimony that one of the spouses will be required to pay.
How will a parent living separately be able to see their child.

Appeal to the district court

If the couple cannot reach a unanimous decision about the future of the marriage, then it is best for her to contact the district judicial authority. This will help the spouses legally agree on the division of joint property (its amount should be more than 50 thousand rubles), as well as on which of them the children will remain with. The divorce procedure through the court in this case can be quite lengthy, since it is not always possible to find a compromise between the applicants the first time. Often, only one of the spouses submits to the state agency, while the second refuses to give consent. In this case, the court gives the couple additional time to think: the so-called conciliation period.

Divorce proceedings through the registry office

Of course, it will be better if the procedure is carried out without going to court. After all, consideration of cases at meetings takes a lot of time. Another thing is when you can apply to the regional registry office. Then the spouses simply leave their application in the right office, and after a set period they come for the long-awaited seals. However, the procedure for divorce through the registry office is not always possible. Termination of unions in this order occurs only in the presence of special circumstances, namely:

If one of the spouses has a criminal record for more than 3 years.
If the husband or wife is in the status of a missing person.
If the court officially recognized one of the spouses as incompetent.

According to the laws of the Russian Federation, if the situation in the family falls under any of these exceptions, a husband or wife can divorce their other half, even when the couple has children in common. Moreover, the age of the child in this case does not play a role.

Documents required for divorce

Both the wife and the husband can apply to the appropriate judicial authority with a test to dissolve the marriage. The procedure for filing an application for divorce is as follows: the spouse (or both spouses) collects a list of all the documents necessary for the process and submits them for consideration. To file a petition for termination of official relations in the presence of children under the age of 18, the plaintiff must present the following papers:

A copy of the certificate confirming
Receipt confirming the payment of state duty.
Copies of passports of both spouses.
A statement indicating the reasons for the termination of official relations.
A copy of the child's birth certificate (if there are several children, then you must submit a document for each of them).

As additional information, agreements on the division of property and a written decision of both parties may be attached, with which of the parents their children will live. Of course, in this case it will be much easier.

How is the divorce process

The more disputes have accumulated between the spouses, the longer the court will consider the possibility of dissolving their marriage. After all, first of all, the legislation provides for taking into account the rights and interests of children brought up by a couple. In this situation, they turn out to be third parties who may well suffer from the results of their parents' war. Therefore, as a rule, it is quite lengthy and stretches over several stages.

How the divorce process works is described below:

First, the plaintiff submits an application for divorce to the judicial authority.
Then the date of the first meeting is set, the results of which determine the future fate of the spouses.
If the previous two stages were not enough to find a compromise between the parties, then the court makes a decision to continue the process.

It is worth noting that the divorce process may be completed after the first meeting, or it may stretch for an indefinite number of subsequent ones. During this time, a decision should be made on the division of joint property and the further upbringing of children.

How long does it take to divorce a child

The shortest period that can pass from the filing of an application by the spouse to the complete dissolution of the marriage is 1 month and 10 days. This is explained by the fact that after the execution of a formal petition by the plaintiff, at least 4 weeks must pass before the first meeting. If the agreement between the parties was reached immediately, and the judge agreed to break the family relationship, then you should wait another 10 days until the divorce officially takes effect. Most often, the divorce procedure in the presence of children is not so simple - in the process of considering the case, disputes arise between the spouses, so the decision is postponed indefinitely. If one of the parties expresses its unwillingness to dissolve the marriage, then the court has the right to give the couple time for reconciliation, which cannot be more than three months.

Within 10 days after the verdict on the possibility of registering a divorce, either spouse is allowed to appeal this decision. If this did not happen, then after the specified time, the relationship of the couple becomes officially broken.

The fate of the child after the dissolution of marriage

If the spouses have not come to a consensus in advance about who the children will live with, then the procedure is impossible. This issue will be determined by the courts. At the same time, the following points influence the decision of a representative of a state body:

The opinion of each of the parents about the independent upbringing of the child.
Financial capabilities of both parties.
Lifestyle and health status of spouses.
The desire of the child.

The last point is considered the most important, since it directly takes into account the interests of a small citizen. However, the judge has the right to be interested in the opinion of the child on this issue only if the latter has reached the age of 10 years.

Communication of the child with a separate parent

Any divorce procedure in the presence of children includes an investigation into the future fate of small citizens. It must be determined without fail which of the spouses the baby will live with, and how the other parent will be able to see their child. The law of the Russian Federation establishes that both the mother and the father, regardless of the peculiarities of the divorce, after the official dissolution of the marriage, have the same rights to communicate with the child. The order of visits between the parent and the baby is either discussed by the spouses personally, or established by the court, taking into account their wishes. It is worth noting that close relatives as grandparents also have full rights to see their grandchildren.

If the party living with the child violates the terms of the agreement and prevents the other parent from communicating with the child, then the latter can file a lawsuit in court.

Features of the appointment of alimony

If the divorce procedure in the registry office does not require the resolution of such issues, then the trial usually includes a stage regarding the establishment of payments from the spouse planning to live separately. Child support must be at least a quarter of the parent's income. If there are two children in the family, then the payments increase to a third of the spouse's earnings. Three or more offspring should account for at least half of his budget.

Divorce with a child under 3 years old

On the part of a man, an application can only be submitted if the baby is already 1 year old. Up to this point, divorce is considered possible only if the initiative is taken by the mother of the child. In any case, the divorce procedure in the presence of minor children under the age of 3 years is strictly judicial. At the same time, in order for the plaintiff's application to be approved by state bodies, the written permission of the defendant to dissolve the marriage is required. If the family does not live under the same roof, then this detail may not be required.

When can a marriage not be dissolved?

As mentioned earlier, the age of the child, if the latter is less than one year old, may be the reason for refusing to start the divorce proceedings. The answer of the court will be similar in the event that the wife is at any stage of pregnancy. At the same time, it should be clarified that these laws apply only to the rights of men. A woman is quite capable of filing for divorce, regardless of the age of the baby. However, some situations may fall under the exception: for example, if the spouse does not object to the dissolution of the marriage and confirms this with a written agreement, then the husband has the right to become a plaintiff.

Knowing how the divorce process works will help keep the legal process as short as possible. However, if children are involved in this, then it is better to think again, because by destroying a family, you are destroying their lives.