Divorce with minor children

Many families continue to live together only because they do not want to traumatize their children. But sometimes coexistence becomes impossible. Constant quarrels and conflicts are not the best environment for the harmonious development of a child. In this case, divorce is the best option for both the married couple and their children.

Where should I apply for a divorce?

What is the procedure for divorce in the presence of a minor child provided for by Russian legislation? There may be several options.

1. If a couple has children from a previous marriage, but they never had time to have any children in their family life, then the registry office is responsible for filing the divorce.
2. Divorce of spouses who have common minor children is carried out through the court.

It is worth considering that if the spouse went through the adoption procedure in accordance with the procedure established by law, then the child is considered common and such couples must divorce in a judicial authority.

There are several special cases that allow you to go through the divorce process without going to court, even with children under 18 years of age. You can get a divorce through the registry office if one of the spouses is convicted under an article of the criminal code, disappears or is declared incompetent.

In other cases, the statement of claim must be filed with the court at the place of residence of one of the spouses. Filing of documents for divorce is carried out to the court at the place of residence of the defendant (for example, a wife files a claim at the place of registration of her husband).

Which court should a divorcing spouse go to? Divorce cases, if there is a common vision regarding the future of the children, are considered in magistrates' courts.

If there are disputes between spouses about children, their future place of residence; If the issue of division of parental responsibilities has not been resolved and which of the couple will pay child support and in what amount, then this case is subject to consideration in the district court.

List of documents for divorce proceedings

The current divorce procedure involves filing a statement of claim in accordance with Article 131 of the Code of Civil Procedure. The submitted claim must contain the following items:

• the name of the court;
• Name and place of residence of the plaintiff and defendant;
• date of marriage;
• reasons for divorce;
• information about children;
• justification of the position on issues of residence;
• evidence of your position;
• list of documents;
• date and signature.

The divorce process, if there are minor children, involves submitting the following documents simultaneously with the application:

• a settlement agreement regarding the future of children (if any);
• marriage / birth certificates of children;
• certificate of family composition from the passport office.

A copy of the divorce suit is sent to the defendant.

You must first pay the state fee. Its size in 2017 is set at 600 rubles.

Stages of the divorce process

When considering a claim for divorce from a minor child, the court takes into account two factors:

• whether the parties (or one of them) have a desire to save the family;
• likelihood of reconciliation.

If the court understands that saving the family is impossible, then it needs to determine where the children will live and what will be the procedure for communicating with them.

The judge will also determine the amount of the child support obligation. Based on the decision of the judge, a writ of execution is issued.

Typically, the divorce process consists of the following steps:

1. The parties sign agreements on the division of property and the collection of alimony, if possible.
2. The statement of claim is registered with the secretary of the court. The process itself is scheduled in a month.
3. If the parties have no claims against each other, then everything is decided at the first meeting. Otherwise, you will need another one, which will take place in 1-3 months. This period is given to the parties to reconcile.
4. The divorce certificate is sent by the court to the registry office.
5. Spouses are issued a Divorce Certificate.

Who will the children live with after the divorce?

Who do children stay with during divorce? This question worries almost all couples.

According to common practice in Russia, minor children remain with their mother.

The fact is that men rarely defend their right to live together with a child.

Usually, when there are disputes regarding the prospects for children to live, the courts side with the mother and believe that it is better for the children to remain under maternal care (especially if the child has not yet reached the age of ten).

The minor offspring themselves can influence the outcome of the proceedings. During a divorce, children may express their desire to stay with their husband, and the court will take their opinion into account when considering the case. Typically, the position of minors is considered in court if at the time of the proceedings they are already 10 years old.

In addition to the opinion of the children, when making a decision, the court takes into account the moral and ethical qualities of each spouse, financial solvency, absence of bad habits, their ability to provide minors with a favorable living environment, give them a good education, as well as other important circumstances.

The parties have the right to enter into an agreement on the residence of their offspring after the dissolution of the marriage enters into legal force. It needs to include the following points:

• who will the children stay with?
• who will pay alimony and in what amount;
• how the responsibilities for raising and caring for children will be divided.

It is important to consider that if the document contains a mention of the amount of alimony obligations, then in order for it to have legal force, notarization will be required.

Special cases of divorce proceedings

Russian legislation contains measures that protect the interests of minors. Therefore, the divorce procedure, if available in 2017, may have its own specifics.

Divorce with a child under 1 year of age

A man will not be able to divorce his wife while she is pregnant and for a year after the baby is born. He will get a restraining order.

This measure is aimed at protecting women's interests and gives the couple a chance to preserve their family and raise their children together.

Divorce if there is a child under 3 years old

Although a man can get a divorce if a small family member is not yet three years old, but only with the written consent of the second spouse. But this requirement applies only if spouses live together. If the father or mother shirks their parental obligations, then consent is not required.

In this case, the mother has the right to collect alimony not only for the child’s maintenance, but also for her own. At least until she can go to work.

Divorce with a disabled child

Divorce for families with a disabled child is complicated by the collection of alimony not only before the child reaches adulthood, but also after the age of 18. At the same time, the amount of liabilities includes the cost of necessary treatment, care and rehabilitation, as well as medications.

Divorce with two or three small children

Divorce with two minor children is no different from the procedure for divorce with one child. The only thing this fact affects is the amount of alimony obligations. Two and three children receive half of the parent’s income, while one child receives 1/4.

In a particularly difficult situation, those couples who have not only common children, but also joint credit obligations, for example, a mortgage, find themselves.

All money that was invested in an apartment during marriage must be divided equally upon divorce. Or you will have to share an apartment purchased with a mortgage. At the same time, the court does not take into account for whose money the property was bought.

Before dividing the property, you need to close the mortgage debt.

For banking institutions, the separation of spouses does not in any way affect the validity of the loan agreement, so you will have to continue making monthly payments. Spouses have several options:

• closing a mortgage loan;
• continuation of payments.

You can close the mortgage by paying off the loan in full, or by selling the apartment.

If spouses decide to fully repay the mortgage loan, then after they completely pay off the balance of the debt, they share the apartment. Or they sell it, and then divide the money in half. The disadvantage of this option is that spouses do not always have the money to fully repay the mortgage.

Spouses can sell the mortgaged apartment, close the debt to the bank and divide the proceeds among themselves. But first you need to obtain consent from the financial institution to sell the property encumbered with collateral.

According to experts, the most common way to resolve disputes between spouses who have decided to divorce is to re-register the mortgage in the name of one of the spouses. It implies that the ex-wife or husband takes sole responsibility for repaying the loan. In this case, the other spouse is entitled to compensation for the renunciation of property.

In a divorce, not only the apartment is divided into two, but also the balance of the debt. This means that the balance of the debt can be paid according to the former spouses' shares in the property. At the same time, the new obligations to make mortgage payments do not depend on who made the money and the down payment during the marriage.

Divorce from minor children is carried out through the court. The presence of common views on the future of the children and agreement on the division of joint property between the parties to the divorce process can significantly simplify the course of the case and shorten the time of the proceedings. But even reaching agreements on key points does not relieve the couple from the obligation to divorce through the court. At best, the divorce process takes no more than a month.