How to live with two children after a divorce: advice from a psychologist to women who decide to take a desperate step. How to file, apply for a divorce if there are minor children Divorce with two children as

Divorces in the presence of two minor children or more, from the point of view of the law, are not much different from the dissolution of a marriage with one minor child. Such divorce proceedings are usually decided by the court, unless the spouse is:

1. Sentenced to imprisonment in a colony for a period of more than three years.
2. Incompetent by court order.
3. Missing by court order.

In these exceptional cases, the husband and wife are divorced through the registry office, regardless of whether they had a child in marriage or not.

How does the procedure for terminating a marital relationship with two children differ from a similar procedure when a married couple has only one child? The following nuances can be distinguished:

• The judge will decide on the issue of determining the place of residence of each baby separately, guided by the agreement of the parents, if it was concluded, the norms of family law and the interests of the child.
• The judge decides for each minor on the order of meetings and communication with a parent who does not live with children in the same territory.
• A parent to whom the court will give minor children to raise and live with them may claim an increased share of the common matrimonial property. For example, in practice, sometimes this is expressed in the fact that the court can give such a spouse not half of the apartment, but two-thirds.
• When spouses have several children, then in the event of a divorce, it becomes necessary to determine the amount of alimony for each child. This amount is prescribed by the parents themselves in the maintenance agreement or is set by the judge.

Divorce through the courts in the presence of two or more children

Any divorce process before the start of direct proceedings goes through 2 stages:

1. Determining the type of court that has the right to deal with the case.
2. Drafting and filing a claim.

To determine the court competent to consider a divorce case, you should use the information indicated in the table.

After that, the issue of jurisdiction should be resolved, i.e. in which locality or district of the locality you need to file a claim.

Further, the spouse interested in the divorce needs to find or prepare the documents that will be submitted along with the statement of claim, and make copies according to the number of participants in the divorce case. A separate copy of each document is prepared for the judge.

In the next step, the interested spouse prepares a statement of claim. It consists of three parts:

• A header in which the applicant indicates the data of the court, for example, its name and address, as well as information about the plaintiff and the defendant (name, address, e-mail, phone number).
• Descriptive part. It specifies:
  • Information about the marital status of the spouses, for example, the time of entry into marital relations, details of the marriage certificate.
  • Information about each child born in marital relations: full name, age, details of the birth certificate.
  • The circumstances that served as the reason for the separation, for example, cheating on the spouse, the difference in characters and outlook on life, the defendant's alcoholism, etc.
  • Evidence of the circumstances that forced the plaintiff to divorce the defendant.
  • Information about the position of the defendant in the dispute, for example, whether he agrees or refuses to divorce.
  • Information about the agreements that were concluded between the spouses, for example, on the division of property, on alimony, on the procedure for communicating with young children.
  • References to the provisions of Russian laws, with which the plaintiff reinforces his words.
• Resolution part. Here are indicated:
  • Applicant's requirements.
  • List of documents attached to the claim.
  • Date of writing and autograph of the plaintiff.

For samples that will help you write a claim on your own, you can see this statement or this, or this.

Then you need to pay a fee for the consideration of the divorce case in court. The details of the account to which the money needs to be transferred can be taken at the court reception or viewed on the court's website.

If the case is accepted for its proceedings, the judge sets the date for the preliminary hearing, during which he ascertains the position of each spouse. This is necessary so that the judge can decide whether it is appropriate or not to provide time for reconciliation between the wife and husband:

1. If the defendant opposes the divorce, the judge may delay the decision for a period of one to three months. This time is allocated for reconciliation of the parties. However, the spouses, by mutual petition, may refuse reconciliation and demand an urgent hearing of the case.
2. If the parties agree to separate, then the court is bound by only one provision of the law, namely: the judge can decide on a divorce only after 1 month has passed from the day when the husband and wife submitted to the court a joint application for termination of the marriage.

At the next meeting, when the judge finds out that the reconciliation did not take place and the spouses are determined to divorce, the trial begins on the merits. It addresses questions:

• Separation of the common assets of the spouses, as well as their debts
• Alimony provision for minors in case the parents have not signed a maintenance agreement.
• Determining the place of residence of young children, if the parents have not entered into an appropriate agreement.

Divorce is considered to have taken place at the moment when the court decision becomes legally binding, i.e. 1 month from the date of drawing up the judicial act in its final form. If any party does not agree with the decision, then within this month it can be appealed by filing an appeal with the appropriate court. For a magistrate's court, this is a district court, and for a district court, it is a regional and other equivalent court.

In what cases you can not file for divorce

Wives have the legal privilege of refusing to terminate a marriage to a husband:

1. During pregnancy.
2. Within 1 year of the baby's birth. Moreover, from the point of view of the law, it does not matter whether the child remained alive after birth, died during childbirth, or died within a year after birth. In any case, a man does not have the right to divorce on his own initiative before the expiration of the above period.

What to do if the plaintiff does not appear in court

The plaintiff is a party to the process, directly interested in resolving the case in his favor. The activity of the plaintiff can be expressed not only in the presence at each meeting and defending his own position at it, but also in the ability to competently draw up a claim and ask for a decision on it in his absence. At the same time, there are situations when the plaintiff sends an application to the judge and then does not take any actions indicating his intention to seek resolution of the dispute in his favor. These situations are discussed in the table below.

legal fact	A comment
The court has no information about the notification of the plaintiff
The judge acknowledged that the reasons why the plaintiff could not come to the meeting are valid.	The meeting must be adjourned.
The plaintiff was twice notified of the time and place of the meeting, twice did not appear at it and did not petition for consideration of the divorce case without his presence. The defendant does not require that the claim be considered on the merits.	The judge leaves the claim without consideration, and the divorce proceedings end there. Thus, the defendant and the plaintiff remain legally married.
The plaintiff was twice notified of the time and place of the meeting, twice did not appear at it and did not petition for consideration of the divorce case without his presence. The defendant demands that the claim be considered on the merits.	The case is resolved in accordance with the rules of absentee proceedings. The judge decides on the end of the marriage.

The property relations of the spouses in the event of termination of the marriage may be regulated by a marriage contract or by law.

The provisions of a marriage contract are usually unconditionally accepted by the court, unless, under its terms, one of the spouses is in a very unfavorable position. Under an unfavorable position is understood, for example, the following situation: according to the contract, all property purchased during marriage / marriage passes to the husband in the event of a divorce. Such a condition clearly infringes on the interests of the wife, so the court almost 100% recognizes it as invalid.

In addition, it should be borne in mind that under a marriage contract during a divorce, both the property purchased during the marriage and the personal belongings of each spouse can be divided. It is only important that the relevant norm is spelled out in the contract.

If the spouses did not enter into a marriage contract, then the division of property values ​​occurs according to the norms enshrined in the Family Code. The division of property is based on the concepts of “joint property” and “personal property”.

Personal property cannot be subject to division. It includes:

• Shoes, cosmetics, toothbrushes, razors, clothing and other items for personal use, except for luxury items and precious items.
• Assets that were owned by the spouse before the marriage relationship was formalized.
• Things that have become the property of a spouse under any gratuitous contracts and transactions, including inherited ones.

Joint property is recognized as things that have become the property of one or both spouses during the marriage. These include:

1. Salary and other income, as well as profit from a business or investment.
2. Shares, bonds and other securities.
3. Pensions and allowances.
4. Shares in the capital of legal entities or credit institutions.
5. bank deposits.
6. Any immovable or movable thing.
7. Shares in mutual funds or housing cooperatives.
8. Money and other benefits received from intellectual activity.

In addition, there are two important things to keep in mind:

1. A spouse who was involved in the care of young children or household during the marriage and did not contribute to the family budget is entitled to part of the assets in the division.
2. If a spouse has invested his money or labor in the personal asset of the other spouse and thereby significantly increased the value of this asset, then the judge has the right to recognize it as joint property.

Joint property can be divided between the wife and husband by a notarized agreement between them. If it is absent, then the judge makes a division in accordance with the following principles:

1. All assets are divided 50/50 between the spouses. An exception is cases where the judge has the right to transfer an increased share to one of the spouses, bearing in mind the interests of minor children or the immoral behavior of another participant in the marriage, who squandered family money or did not want to earn it due to disrespectful reasons, for example, laziness, alcoholism, a frivolous attitude to life.
2. Debts are divided according to the shares of the assets awarded.
3. The property of children cannot be the subject of division.
4. If the value of the things that were transferred to one of the participants in the marriage is higher than the value of his share, then the court obliges him (her) to transfer compensation to the other spouse, for example, in money or other property.

List of documents for filing a claim

Keep in mind that the number of copies of documents must correspond to the number of participants in the process + 1 copy of all documents for the court. Along with the claim, the applicant must submit:

• Marriage certificate.
• A document confirming the transfer of duty in favor of the state.
• Birth certificate for each child.
• Agreements with the spouse, if they were drawn up and signed (on alimony, on children, on the division of property).

Additional documents that the applicant may submit to the court in order to substantiate his claims for the transfer of children to him include:

1. Information about earnings, for example, a tax return or a 2-NDFL certificate.
2. Documents for residential property, for example, a certificate of ownership.
3. An agreement on the exercise of the rights of a parent, drawn up by the spouses.
4. Information about the work schedule.
5. Characteristics of colleagues, neighbors, employer.
6. Certificate of absence of registration in a narcological or psychiatric dispensary, as well as the absence of a criminal record.
7. Receipts confirming the purchase of things necessary for the kids.

The amount of the state duty

Resolution of the divorce case will cost the applicant 600 rubles. Alimony disputes are considered free of charge, however, if the plaintiff makes claims against the wrong defendant, he will be obliged to transfer 150 rubles to the state treasury. The defendant pays the same amount if he loses the alimony case.

If during the divorce, the spouses share joint assets, then the plaintiff must pay a separate fee for resolving such a case. The order of its calculation is indicated in the table.

Arbitrage practice

The case was considered by the Yagodninsky District Court of the Magadan Region in May 2017.

The husband first turned to the justice of the peace of one of the judicial districts of the Yagodninsky district with a demand for a divorce. During the meeting, he petitioned to determine the place of residence of his young children and motivated his claims by the fact that his wife was cheating on him and did not fulfill maternal duties. Due to the fact that such cases cannot be considered by a justice of the peace, the case was sent to the district court.

The plaintiff was absent from the session of the district court, because he petitioned for the resolution of the claim without his presence, in the statement of claim he insisted on the termination of the marriage with his wife, but refused the claims regarding the children.

Family relations did not work out ... The only thing that still forces a man and a woman to keep the marriage is children. For the sake of the children, they postpone the divorce proceedings indefinitely.

Here are just some cases divorce parents - the best solution for the child. Because life in an atmosphere of quarrels, mutual insults, scandals between father and mother is much worse than a quiet life with one of them.

Let's look at what is needed, what is required for the divorce procedure in the presence of minor children, the procedure and process for dissolution of marriage.

Where to apply for a divorce if there is a child?

The formal procedure for registration and dissolution of marriages is carried out by registry offices. However, if there are minor children, an application for divorce is filed with the court at the place of residence of one of the spouses.

This creates certain inconveniences for parents, requires the provision of additional documents and the performance of special actions (for example, determining the amount of alimony), and also somewhat delays the divorce process. But the legitimate interests of a minor child will be protected by the court.

Attention! Even if the spouses came to the decision to divorce by mutual agreement, reached a compromise regarding the division of property, the application for divorce is still filed with the court!

True, there is an exception to this rule. So, the divorce procedure in the presence of a child is carried out by the registry office if:

• One of the spouses bears a criminal penalty in the form of imprisonment for more than 3 years;
• One of the spouses is legally recognized as missing;
• One of the spouses is legally recognized as incompetent.

If the child is not common?

There is one more exception to this rule. If the child is not common (has a relationship with only one of the spouses), the spouses can divorce through the registry office.

For example, if a man and a woman are married, who do not have children in common, but the woman has minor children from a previous marriage, a husband and wife can get a divorce through the registry office(Of course, if there is mutual consent). If the children of a woman are adopted or adopted by a man, then although they are not his own children, they become common. In this case, the marriage will be dissolved only through the court.

In the same way, through the court, a husband and wife will have to divorce if there are adopted or adopted children who are not their natural children.

Where to apply for divorce with children?

The claim must be filed with the court at the location of the defendant. If the plaintiff cannot come to court due to living with minor children, the application can be filed at his own place of residence. In addition, spouses can agree on.

In which court to apply for a divorce with children?

- To the world court, if there are no disputes about children.

It is possible to apply for a divorce to the Magistrate's Court only if a compromise is reached between the spouses on all "children's" issues, including the place of residence of the children, the participation of each spouse in the maintenance and upbringing of children.

In order to file a divorce through the world court in the presence of minor children, the spouses must draw up a written agreement that will specify:

• with whom the children (or each of the children) will live after the divorce;
• in what order a spouse living separately from children will fulfill his parental rights and obligations (communication, upbringing, material maintenance of children);
• on which of the spouses will be assigned maintenance obligations, in what amounts will be collected alimony for children.

If the agreement of the spouses does not violate the legal rights of the children, the court will approve it by its decision.

- To the district court if there is a dispute about children.

If the spouses could not come to a consensus about which of them the children will stay with, how they will raise and provide for the children, they need to apply to the district court. In this case, when deciding on the divorce of the spouses, the court will determine the fate of their children.

Agreement on children in divorce. Agreement on the residence of the child during the divorce. Sample.

Parents can draw up an agreement in any form, including in it all the necessary provisions regarding the residence, material support and upbringing of children.

It is important that this document be drawn up by the parents in agreement and sealed with their signatures. If the agreement contains provisions for the payment of alimony for minor children, it must be notarized - then it will have the force of an executive document for the collection of alimony payments if the terms of the agreement are not met.

The concluded agreement must be submitted to the court - either simultaneously with the statement of claim for divorce, or during the court session. The court will consider the agreement and approve it by its decision, if it does not contradict the law or infringe on the rights of children and parents.

For more information on the procedure for concluding an agreement (with a ready-made sample for download) - in the article "".

Preparation of a claim. Sample.

The statement of claim for divorce must comply with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. In addition, it must contain information regarding common minor children:

• Name of the court;
• FULL NAME. parties, their place of residence;
• Date of marriage;
• Explanation of the reasons for the impossibility of further residence with the spouse;
• Information about the presence of children;
• Description of one's (or general) position on the issue of living, raising and maintaining children after a divorce;
• Bringing arguments and evidence in defense of one's position;
• The wording of the request to the court, starting with the words "Please";
• List of documents;
• Date and signature.

List of documents

The process of divorce with a child involves the preparation and submission to the court of additional documents, in addition to the application for divorce.

So, if there is mutual consent of the spouses about the divorce, the application for divorce is accompanied by the agreement concluded by the parties written contract. This agreement should contain provisions on the division of common property, on the amount and procedure for paying alimony, on the place of residence of the child after the divorce.

If the application for divorce, the list of documents includes:

1. A completed divorce application form containing the name of the court district and F.I.O. judges, full name the plaintiff and the defendant, the addresses of the parties, the requirement to consider the application for divorce, a description of the reasons and circumstances that caused the intention to dissolve the marriage, evidence of their innocence and documents confirming it;
2. Original marriage certificate;
3. Original birth certificate of the child (children);
4. Extract from the house book - this document confirms the fact that the child lives with the plaintiff and the latter fulfills his parental responsibilities in relation to the child, which is important for determining the place of residence of the child in the future;
5. Receipt of payment of the state fee (strictly original).

The list of documents is submitted by the plaintiff to the court in two copies. A copy of the application for divorce with copies of all documents attached to it is sent for review to the respondent.

State duty

The current fee is 650 rubles.

Divorce procedure. How does divorce work with children?

When considering a claim for divorce, the court establishes:

• whether both spouses want a divorce, or whether one of them expresses disagreement;
• whether there is a possibility of reconciliation of the spouses and the preservation of the family.

• determines the further place of residence of children;
• consider the possibility of separating children between spouses;
• establish the order of communication of children with a spouse living separately;
• impose maintenance obligations on the spouse living separately.

All this is set out in a court decision, on the basis of which an executive document is issued.

Procedure and stages of divorce:

1. The resolution of disputed issues greatly delays the divorce process. To speed up the divorce process with children, it is worth filing a divorce suit in the world court , and resolve disputes before a divorce (for example, in the form of a written agreement) or after a divorce (in the form of alimony).
2. The claim for divorce is filed and registered with the secretariat of the court, depending on compliance with the requirements of the law, it is rejected or accepted. If the claim is accepted for consideration, the first court session will be scheduled after 30 days.
3. The first court session may be the last if the spouses come to a mutual agreement in all matters, including "children's" matters - by concluding an Agreement. In this case, the court will decide on the dissolution of the marriage.
4. Otherwise, one more meeting cannot be avoided - in 1-3 months. During this period, the spouses are given the opportunity to reconcile.
5. If a court decision on divorce is made, it enters into force after 1 month. Within 3 days after that, the court sends an extract from the court decision to the registry office - to register a divorce;
6. After making changes to the registration books, each of the spouses will be issued a copy of the Divorce Certificate.

You will find a complete overview of the procedure in the article "".

With whom will the child live after the divorce?

Expert opinion

Alexey Petrushin

Lawyer. Specialization in family and housing law.

The court decision on the place of residence of children is made taking into account such factors as moral qualities, financial well-being and living conditions of the spouses, the ability to create conditions for children to develop fully, the active participation of spouses in the lives of children, the degree of attachment of children to each of the parents. For example, contrary to the established practice of leaving the children to the mother, the court may, for example, if his wife leads an immoral lifestyle, does not care about the health, development, upbringing of children, has bad habits. On the issue of residence child over 10 years old his opinion is also taken into account (Article 57 of the RF IC).

The rights of parents regarding the upbringing of children are equal. The place of residence of the child with one of the parents established by the court is not an obstacle to the active participation of the other parent in the life of the child. According to the law, the estranged parent has the right to freely see and communicate with him. If the parent with whom the child lives prevents the child from communicating with the other parent, the dispute can be resolved through the court.

Rules for Divorce with Minor Children

As mentioned above, the law provides for measures to protect the interests of minor children in the event of a divorce of parents. Therefore, in some cases, the divorce process has specific features.

- Divorce with a child under 1 year old

An unequivocal injunction against divorce will be granted to the husband throughout the duration of the wife's pregnancy and if the wife does not consent to the dissolution of the marriage. This legislative norm protects the rights of mother and child, leaves spouses a chance to save the family and raise children together.

– Divorce with a child under 3 years old

One of the spouses can obtain permission for divorce if there is a small child 1-3 years old in the family only on the basis of the written consent of the other spouse. Such written consent is required only if the spouse lives with the child and fulfills his parental responsibilities towards him. Otherwise, written permission to divorce is not required.

If the court satisfies the divorce application during this period, the man will be obligated to pay alimony not only for the child, until the child reaches the age of 3 or the mother is officially employed.

- Divorce with a disabled child

The divorce procedure in the presence of a disabled child is complicated by the need to collect alimony for his maintenance - up to and including the cost of his treatment and special care, rehabilitation measures, and the purchase of necessary equipment.

- Divorce with two or three children

The procedure for a divorce with two, three or more children is almost no different from a divorce with one small child. Parents can also conclude an agreement on children or completely entrust the decision of "children's" issues to the court.

If during the process of divorce, the parents enter into an Agreement on Children, their agreements regarding the place of residence, meetings and communication, upbringing may concern each child individually.

The law does not prohibit the separation of children over 10 years of age between parents, but the court must find out the point of view of each child about his preferred place of residence. After all, children can express opposite desires about which parent to live with.

The court determines the place of residence of each child, Considering a combination of factors such as...

• financial and marital status of both parents;
• children's age;
• attachment of each child to parents;
• relationship between parents and child;
• personal qualities of parents.

If the court concludes that the separation of children does not violate their rights and interests, it will allow the parents to separate the children. Of course, this does not mean that they will stop seeing and communicating with each other and with their parents.

By the way, if the children live with each of the parents, each of them bears maintenance obligations - to the children living separately from him.

Example:

A husband and wife are getting divorced, in whose marriage three children were born. After the divorce, two of them remain with their mother, and one with their father. Alimony will be paid as follows: the father will pay support for two children living with the mother (one third of her income), and the mother will pay support for one child living with the father (a quarter of her income).

Terms of divorce with children through the court

How long does a divorce process take if there are small children? The law does not set an exact time limit for the trial of a divorce case.

The first court session will take place one month after the filing of the claim.

Term	Conditions
2 months	So, if the intention of the spouses to dissolve the marriage is mutual, if there are no disagreements between the spouses regarding the future fate of the children, the divorce procedure will take only two months. The court decision is made 1 month after the filing of the application, and comes into force - at the end of 1 month for appeal.
3 months	If an agreement on divorce is not reached between the spouses, if the circumstances of the case indicate the possible preservation of the family, the term of the divorce proceedings may be delayed for 3 months, appointed by the court to reconcile the parties. After the expiration of this period, the court makes a decision on divorce, and after 1 month it enters into force.
Up to 6 months	The presence of disputes between spouses about the future place of residence and the procedure for raising minor children can delay the divorce process for several more months. Such factors, the moral character and material capabilities of each of the spouses, the attachment of children to each of the parents and preferences regarding living with their mother or father, will be clarified in a judicial proceeding. For this purpose, the court may involve witnesses, representatives of guardianship and guardianship authorities, expert psychologists and teachers.

The result of the consideration of the divorce case is a court decision: the satisfaction or dissatisfaction of the divorce application, as well as the postponement of the consideration of the divorce application for a certain period (with the existing probability of reconciliation of the parties).

The decision of the court enters into force 10 days after the issuance.

moment of divorce

If the spouses do not have children, they get divorced in the registry office, and the date of the amendments to the civil status register is the moment of divorce.

But if the spouses have children, they get divorced in court. When is the time for divorce? Really only after making appropriate changes to the registration books in the registry office? No.

According to the law, if the divorce occurs in court, the moment of dissolution of the marriage is the moment of entry into force of the judgment. And only after that, within 3 days, the court sends an extract from the decision to the registry office - for the employees of the registry office to make appropriate changes to the registration books. Although the marriage is considered dissolved, the certificate of divorce is issued to the former spouses later. During this period, they are not entitled to remarry.

In addition, the legal consequences of the termination of a marriage are ...

• termination of any legal relationship between spouses, except for parental (upbringing and maintenance of common children until adulthood) and property (sharing joint property for 3 years after a divorce);
• no need for the consent of the former spouses to make transactions. Ownership of the acquired property will no longer be common.

Thus, regardless of the relationship of the parents, agreements on the child, the issue of divorce is resolved in court. If there are no disputes about children, an application is submitted to the world court. The presence of disputes obliges the spouses to apply to the city (district) court. Parents can make an agreement and determine the fate of the children. After the trial, you need to contact the registry office and pick up a divorce certificate. The duration of proceedings is from 2 to 6 months, sometimes longer. The court leaves the child with the parent with whom the baby will be more comfortable - in terms of upbringing, education and personal development.

Do you have any questions? Ask our lawyer. Legal support will allow you to avoid mistakes and get a divorce even in a difficult situation. The lawyer will tell you which court to apply to, what to write in the agreement, how to keep the child, file for alimony, and much more. Leave questions in a special form or call the hotline. We will answer, we will help!

Watch a video on how to get a divorce, if you have children - where to go, what is better and what problems there may be:

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Last updated February 2019

Even mutual consent to divorce does not make this procedure formal. Divorce in the presence of minor children almost always takes place in court, since in addition to the opinion of the spouses, the interests of the children must be taken into account. The court decides with whom exactly the child will live in the future, and also determines the maintenance obligations.

Divorce through the registry office

The divorce process is possible in two ways:

• with an appeal to the registry office;
• through the court.

It all depends on family circumstances.

A divorce from a husband, if there are children, is carried out in court. However, you can do without a court, but strictly in the presence of one of the following circumstances:

• the spouse is serving a sentence of more than 3 years;
• husband or wife declared missing;
• officially recognized incapacity of one of their spouses (this does not apply to spouses with limited legal capacity);
• the child (children) is not common, that is, the second spouse has not established a relationship with a minor (the child is not native and is not adopted / adopted);
• the child reaching the age of majority at the time of the divorce.

These circumstances are a sufficient reason for divorce in the registry office, both in the presence of children, and in their absence. These circumstances exclude the possibility of living with an absent or incapacitated parent, and the child will not be able to receive alimony from such a parent, therefore, the trial is meaningless.

Divorce through court

Judicial divorce provides a clear algorithm of actions:

• preparation of documents for court;
• filing a claim;
• judicial review of the case;
• registration of divorce in the registry office.

Preparing for the Divorce Procedure

Before you go to court, you should understand the following questions:

• whether there is consent of the husband / wife regarding the termination of the marriage;
• with whom the children will live;
• How will child support be paid?
• property division.

In order for the divorce process to go more calmly, it is better to civilly resolve pressing issues with the spouse, fixing the agreements in written agreements on:

• children;
• alimony (notarial form required);
• division of property (subject to mandatory certification by a notary).

You should find and make copies of documents on marriage and children (certificate):

• about marriage;
• about the birth of a child;
• on adoption / adoption (in the presence of such circumstances);

Copies of documents about the property of the spouses are also made if a dispute about things is planned.

Filing a claim

Either spouse can file for divorce. First you need to decide in which court you want to send a claim. Depending on how the divorcing spouses evaluate the prospect of the child living with one of them, as well as the issue of its content, the case will be considered:

Justice of the Peace:

• there is an agreement with whom the child will remain;
• there are no disagreements on common property or the total value of the property being divided does not exceed 50,000 rubles;
• There is a question about alimony.

In the district (city) court in all other cases, including:

• in case of disagreement about the place of residence and the procedure for raising children;
• there are claims for the division of property, the value of which exceeds 50,000 rubles.

An application for divorce in the presence of minor children is filed with the court where:

• the defendant lives;
• at the place of residence of the plaintiff, if for health reasons or the presence of young children makes it difficult to arrive at the court (at the place of residence of the defendant).

Documents for divorce in the presence of minors are submitted to the court

Statement of claim. Submitted in duplicate	This document must contain information: about marriage (when registered with whom and where); about children (full name, date of birth); on the agreement between the plaintiff and the defendant on the fate of the children; whether there is an agreement between the spouses on the voluntary dissolution of the marriage; if the defendant is against the claim, what are the reasons for the divorce; is it possible to preserve the family and under what circumstances; other relevant circumstances. In the pleading part of the application, the husband or wife indicates: dissolve the marriage; determine the place of residence with one of the parents. Simultaneously with the divorce, other claims of the plaintiff may be considered in one process: about alimony; on the division of property and debts; about invalidation of the marriage contract; There are such disputes that under no circumstances are subject to consideration in the same case as a divorce: on the recognition of marriage as invalid; about deprivation/restriction of parental rights.
Marriage certificate	A copy is attached to the claim; in the process, the originals are presented to the judge
Children's birth certificates	-
Children's agreement	-
Documents (certificates, extracts, payslips, statements, etc.) on wages and other income of the defendant	If a child support claim is made
Alimony Agreement	-
Property documents, appraisal reports	If a claim is made for the division of property
debt documents	-
Other documents as needed	-
Receipt for payment of state duty	600 rub. for divorce; 150 rub. for the recovery of alimony; The estimated amount for the division of property depending on the value of the property.

The court accepts the statement of claim and annexes without any nit-picking (if there are no gross violations of the law (Articles 131, 132 of the Code of Civil Procedure)). Documents can be handed over in person to the office or by mail.

However, if the claim is made by the husband, then his claim will be returned (rejected without consideration) when:

• the wife is pregnant;
• the family has a child under the age of one year;
• the child was stillborn or died, and less than a year has passed since birth.

There are no such restrictions for women; she can freely file a divorce suit.

Trial

The procedure for divorce (procedure of the judge) is different in cases where:

One of the spouses disagrees with the claim

Mutual divorce

At the first meeting, the judge finds out whether the defendant agrees with the claim. If not, the court usually sets a time limit for the plaintiff and defendant to reconcile. This period cannot be more than 3 months. This greatly delays the divorce process. Therefore, the only way to reduce it is for both spouses to apply for a reduction in the period of reconciliation. There are no other options. After a meeting is scheduled on the merits, and if at least one of the spouses speaks out in favor of termination (whether the defendant or the plaintiff), and the court considers that the further life of the spouses is impossible, then the marriage is terminated.

First, the court makes sure that both spouses intend to divorce, and is also interested in whether there are agreements on children and alimony (either oral (stated by the plaintiff and the defendant in court) or written (presented in the form of documents)). At the second and subsequent meetings, the judge checks the legality of the agreements in terms of the interests of the child. If the agreements were not announced (not presented), then the court itself must decide the following issues: with whom the child will remain; who and in what amount will pay alimony; other requests of the plaintiff are also considered (division of property, alimony for the spouse, etc.), if they were mentioned in the claim. when deciding specifically on divorce, the court is not interested in the motives for terminating marital relations and this does not affect the result. The term for the adoption of a judicial act cannot be earlier than one month from the date of receipt of the claim.

The number of court sessions depends on the complexity of the case and the behavior of the participants in the process.

The main difficulties in court are related requirements (division of property, alimony, dispute about children). Sometimes questions about alimony and the distribution of property are separated from the general case and considered separately. This may be due to:

• affecting the interests of third parties;

For example, during the division of property as part of the divorce proceedings, it turned out that the house and land that should be divided between the spouses were donated to the husband's brother under a fictitious transaction. Therefore, before dividing the property, it is necessary to challenge the gift agreement, thereby encroaching on the economic interests of a third party. The judge has the right to separate the case on division.

• the need to take measures that do not affect the overall outcome of the case (but only on a separate claim), but will lead to a delay in making a decision on all other issues.

For example, in order to correctly determine fair compensation for the unequal division of property, a judicial assessment of a part of the property is required, which, in view of the remoteness and its large number, will be carried out for a long time.

Divorce decision

The decision on the merits of the divorce for the judge is not particularly difficult. At the end of the case, there are three options:

• satisfaction of the claim - dissolution of marriage. If both spouses agree to a divorce or the plaintiff firmly insists on his application, then the husband and wife will be divorced.
• denial of a claim. This happens on the condition that one of the spouses is against it and the judge sees that the family can be saved and the further life of the husband and wife is possible. The proof for this will be:
• Cohabitation;
• general housekeeping;
• the presence of a single budget;
• motives for filing a lawsuit - to teach a lesson, to scare another spouse, etc.;
• temporary influence on the spouse of other persons who are against marriage.

Eg, the wife has a conflict with her husband's mother. And the plaintiff's mother, exerting pressure, practically forced him to file a lawsuit.

• termination of proceedings. The judge makes such a decision when the parties have reached reconciliation during the consideration of the case. For this purpose, the plaintiff sends an application to the court to waive the claim.

With whom will the child remain after the divorce?

Traditionally, the court leaves minor children after a divorce to live with their mother, and the father pays alimony. However, in order to make a decision, it is necessary to take into account different circumstances:

• the opinion of the parents (not all fathers are eager to leave the child);
• if the child is already 10 or more years old, his opinion is taken into account;
• relationship between children and parents;
• the financial condition of each of the divorcing spouses;
• the ability of each parent to carry out the educational process (work schedule, etc.).

There is no single rule with whom children remain during a divorce; in each case, the situation is considered individually. The court decision, as well as the agreement between the divorcing spouses, may stipulate the procedure for meetings with the child of the second parent, as well as grandparents and other relatives.

Division of property upon divorce if there are children

As a general rule, the property jointly acquired in marital relations is divided between the spouses upon divorce. The division of property is always the longest stage in a divorce. Traditionally, acquired property is divided in half, but situations are not uncommon when everything goes to one spouse, if the second does not mind.

Please note: not only property is divided, but also debt obligations, that is, all loans and other debts will be paid after the divorce by both spouses.

Filing for divorce and division of property in the presence of children is complicated by the fact that the property of children is not divided. Of course, the property of children must be documented. The court also takes into account the need for common family property for the normal life of the child. For example, a car specially equipped for a disabled child will go to the one with whom the child stays.

An agreement on the division of family property can be voluntary - in this case, it must be drawn up and certified by a notary before the court, and then attached to the divorce application.

Registration of divorce

The divorce decision comes into force within 1 month after it is made. During this period, one of the spouses may appeal against it. If this happens, then the decision comes into force from the moment of its approval in the second (appeal) instance.

From the moment the decision comes into force, the marriage is considered dissolved.

The court sends an extract to the registry office within 3 days. But that doesn't mean the case is over. To obtain a divorce certificate, you need to apply to the registry office for state registration of a divorce. In this case, the ex-husband / wife can apply separately. In the registry office are surrendered:

• Application Form No. 10 (although the law allows you to simply verbally declare your intention);
• State duty receipt in the amount of 650 rubles.
• Extract from the court decision;
• Applicant's passport. It marks the dissolution of the marriage.

After going through this procedure, you can say for sure that the divorce is over.

Divorce if you have children

If you do not know how to file an application for divorce with children, the samples valid in 2019 are presented below.

Sample No. 1 Agreement on child and alimony not reached

Justice of the Peace
judicial district No. 1 in Moscow
Plaintiff: Solovieva Anna Sergeevna
address: Moscow, st. Mira, d. 1, apt. 1
phone: +79151111111
Defendant: Solovyov Ivan Petrovich
address: Moscow, st. Mira, d.1, apt. 1
phone: +79152222222

STATEMENT OF CLAIM
on divorce

I got married with Solovyov Ivan Petrovich on February 14, 2008. We lived together until 02/14/2018, from that day on we live separately and do not run a common household. Reconciliation with the defendant is impossible.

From marriage we have a joint child Sergey Ivanovich Solovyov, born on May 5, 2010, who lives with me.

The defendant does not object to the dissolution of the marriage. We have reached an agreement on the division of jointly acquired property. No agreement was reached between me and the respondent on the issue of the place of residence and maintenance of the child.

In accordance with Article 21 of the Family Code, I ask:

1. To dissolve the marriage between Solovyov Ivan Petrovich and Solovyova Anna Sergeevna, registered on February 14, 2008 in the registry office of the Northern District of Moscow, act record No. 13.
2. To determine the place of residence of the minor Solovyov Sergey Ivanovich with the plaintiff Solovyeva Anna Sergeevna.
3. To collect from the defendant Soloviev Ivan Petrovich alimony for the maintenance of the minor son Soloviev Sergey Ivanovich in the amount of ¼ of all the income of the defendant.

List of attached documents:

• Copy of the claim
• Document confirming the payment of state duty
• Marriage certificate
• Copy of the child's birth certificate

Date ______________ Signature __________________

Sample No. 2 Agreement on the child and alimony reached

Samara

Claimant: F.I.O. Date of Birth

tel.____________

Place of residence: ____________
tel.____________

STATEMENT OF CLAIM
on divorce

On October 10, 2010, I got married with a full name, which was registered by the registry office department No. 2 of the Samara city administration. After the marriage, the wife left her last name changed. They lived together until October 10, 2018. After this date, I left the defendant's place of residence and currently live separately (at a different address) from the defendant.

From the indicated time, I with F.I.O. I don’t have a single budget, I don’t run a common household, and I also don’t care and don’t help her as a member of my family.

I consider further life together, the preservation of the family and the continuation (restoration) of marital relations impossible in view of the discord in family relations, incompatibility of life positions, views and values, critical disagreements in matters of social, economic and other spheres of life, as well as the presence of personal hostility in relations with the defendant and lack of mutual respect. Constant quarrels and conflicts arise between me and the defendant, which are not amenable to settlements and compromises. We have no means of reconciliation and compatibility of interests. Such a life causes me mental discomfort and harms my mental health.

From this marriage we have a joint child, full name, born on 06/10/2011. The age of the child at the time of filing the claim is 6 years. The child lives with the mother, full name at her place of residence: _________________________________________________________

There is no dispute about the child. The agreement that the child will continue to live with the mother was reached between us orally, there is no dispute about the upbringing and payment of funds for the maintenance of the child.

The defendant is not a needy disabled spouse, in accordance with Art. 90 of the Family Code of the Russian Federation. There are no counterclaims from the defendant and disputes about the procedure and amount of receiving maintenance from the other spouse.

Also, there is no dispute or other claims between me and the respondent regarding the division of property that is the joint property of the spouses.

The actual circumstances of the case do not provide for restrictions on the presentation of the plaintiff's claims for divorce in accordance with Art. 17 of the Family Code of the Russian Federation, namely, in view of the absence of the defendant's pregnancy and the presence of a child under the age of one year, obtaining the wife's consent to initiate a divorce case is not required.

Claims for divorce in the absence of a dispute about children in accordance with paragraph 2 of part 1 of Art. 23 of the Code of Civil Procedure of the Russian Federation are subject to consideration at first instance by a justice of the peace.

According to article 21 of the Family Code of the Russian Federation, divorce is carried out in court if the spouses have common minor children.

Based on the foregoing and in accordance with Article 21 of the RF IC, Articles 23, 28, 131-132 of the Code of Civil Procedure of the Russian Federation.

Ask:

Marriage between F.I.O. and full name registered on October 10, 2010 in the registry office No. 2 of the Samara city administration, act record No. 232, terminate.

List of documents attached to the application:

1. Copy of the claim;
2. A document confirming the payment of the state duty;
3. Copy of marriage certificate I-PC No. 611111
4. Copy of the child's birth certificate.

Date 20.03.2019 Signature __________(___________________)

Sample No. 3 Statement of refusal of the claim

To the justice of the peace of the court district No. ____
Samara
Samara region, Samara, st. Puteyskaya, 29
Claimant: F.I.O. Date of Birth
Place of residence: ____________
tel.____________
Respondent: F.I.O. Date of Birth
Place of residence: ____________
tel.____________
case no. 13-1111/2019

Statements
on the withdrawal of the claim

On March 28, 2019, the justice of the peace of the judicial district No. ____ of Samara received my statement of claim dated March 20, 2019 against my full name. about divorce.

On March 31, 2019, by a court ruling, the case was scheduled for trial in a court session. The meeting is scheduled for 04/30/2019 at 10:00 a.m.

After filing a statement of claim and accepting the case for proceedings by the court, there were changes in my life circumstances. In this regard, the grounds set forth in the claim against the defendant F.I.O., have disappeared. Namely, respectful and warm relations have been established between me and the defendant, contributing to the preservation of the family and marriage. Such changes are permanent and affect the rights and legitimate interests of the person participating in the case in such a way that I (the plaintiff) has no further intention to insist on the previously stated claims in this civil case.

By virtue of the principle of dispositiveness of civil proceedings, I am a plaintiff, fully aware of the legal consequences of terminating the proceedings under Art. 221 of the Code of Civil Procedure of the Russian Federation, voluntarily waive the claims stated in my statement of claim for the dissolution of marriage with full name, and insist on termination of proceedings in case No. 13-11111 / 2019.

Considering the foregoing, guided by Art. Art. 35, 39, 173, 220, 221 Code of Civil Procedure of the Russian Federation.

1. Accept the refusal of the plaintiff F.AND.Oh. from claim to full name about divorce.
2. Terminate civil proceedings No. 13-111111 / 2019, initiated in my lawsuit against F.I.O. about divorce.

Date April 10, 2019 Signature ________ (______________)

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

is a very common situation in practice. The disintegration of the family unit is an unpleasant process. But in most cases, everything is complicated by the presence of common children. It is they who suffer and experience more than others the termination of coexistence.

From the very moment of birth, offspring are very attached to both parents. They need a full upbringing. Toddlers are very financially dependent on adults, as they are not able to take care of themselves on their own.

In turn, not every woman is able to decide to divorce her husband if there are two minor children.

Men also wonder how to decide to divorce their wife and leave her with two small children. But disagreements in relations every day interfere more and more. Therefore, over time, people still diverge.

In such a difficult situation, interested people have to deal with a number of problems:

• how to decide on a divorce with two children;
• how to divorce a wife with 2 young children;
• in what order are ex-wives and abandoned children resolved;
• whether the consent of the former spouse is needed to see the children;
• who makes the decision to divorce the spouses;
• who has the right to divorce if they have two children;
• with whom the children are left when the adults are divorced.

Interested people need to understand these points in detail. Most of the problems arise due to poor knowledge. But in any case, people who decide to disperse should understand, no matter what goals they pursue, the most important thing is the interests of the child. This is what the conclusion of any official authority is focused on. The wishes of adults in such a situation play a very mediocre role.

According to the established regulations and standards in force, a person is not obliged to live together with another if he does not want to. The opinion and desires of the second half, and others do not matter. That is, you cannot force anyone to live together in the same living space.

People, creating a family unit, as a rule, seek to certify the relationship officially. This variant of fixing the family union is the most common.

When there are disagreements in a relationship, people have the opportunity at any moment. But delimiting your life officially is often not as easy as it seems.

Since the current norms and regulations are focused on the interests of the child, situations are defined when people will not be divorced only by the will of one person:

• Termination of a relationship when at least one baby is less than one year old. A person does not have the opportunity to officially end the relationship until the offspring is in the womb or has not lived twelve months after birth. The court will refuse.
• The disintegration of the family union, if one of the descendants is not three years old. In this case, the initiator of the break has the opportunity to end the relationship. He won't get a waiver. One of the conditions in such a situation is the consent of the second half to the discrepancy, but it is applicable if people live in the same space. The only exception is the fact of self-elimination of one of the two from fulfilling parental obligations to provide for babies. Then there will be no need for consent.
• Termination of relations in the presence of loan obligations. In practice, first of all, the issue of repayment of debts is considered. Without the consent of the banking authority, relations may not be terminated.

As you can see, for such situations, the number of babies does not matter. If there are two or more of them, the procedure for terminating a family union does not change. This determines only the amount of financial security.

Judicial order of divorce

For the most part, people, ending their family relationships, turn to official ones to solve their problems.

The current norms and rules define life situations when interested initiators cannot do without judicial assistance.

Such grounds for judicial discussion of the problem are:

• people have joint kids who have not reached minority, the number of offspring does not matter;
• one of the adults does not refuse to terminate the relationship, but also does not take real actions aimed at this - does not appear in official instances on calls, avoids discussing disagreements;
• someone strongly disagrees and refuses to terminate the relationship;
• when, in addition to the termination of relations, the issue of delimiting material wealth acquired together is being decided.

As can be seen, the termination of relations in the presence of joint descendants is possible only at the conclusion of the court.

The fact that the parties to the family union have common views on the future life of the kids and peaceful agreement regarding the delimitation of property achievements can significantly simplify the course of the case and shorten the time period for discussion. But even reaching agreements on key points does not relieve the couple from the obligation to divorce based on the results of discussion in an official instance. In practice, the entire procedure takes at least a month.

The addressing initiator should not forget the fact that, as a general rule, people are given more time for reconciliation.

In order to obtain the outcome of the trial, the individual concerned will have to file an appropriate petition and collect an information package of information and data.

Filing a claim

When a person decides to leave the family, he must understand one main idea for himself - where to start if he decides to break off relations. Then it becomes clear how to start acting.

In any case, you need to start with a visit to a qualified specialist. He will give detailed theoretical explanations and provide practical assistance in solving topical issues.

The very process of the official disintegration of the family unit consists in the implementation of a number of practical actions and activities.

The very first step is compiling. In principle, the text of the appeal itself is drawn up in an arbitrary form, but it must contain several points of certain information. Otherwise, it will not be accepted in the official instance for discussion.

The body of the appeal should contain the following information:

• the name of the official instance in which the discussion of the application will take place;
• data on the initiator of the break in relations: where he lives, what is his name;
• similar information about the second half;
• all the details and nuances of creating and terminating a family union;
• the reasons that led to the rupture of relations;
• data on joint babies;
• circumstances that oblige to apply to the official state budget court;
• whether a mutual peace agreement was reached on the financial provision of the offspring;
• requirements for the establishment of mandatory alimony payments;
• what is the amount and procedure for providing support;
• information about common material assets, whether there are agreements on their differentiation;
• a specific requirement, that is, what result of the discussion the initiator expects;
• a list of information to be attached to the application;
• date of issue of the paper;
• personal painting of the initiator.

What documents will be needed?

An appeal sent by itself will not be a reason for terminating the relationship. It will be necessary to attach to it all the necessary documentary information confirming the entire eligibility of the submitted application.

When people begin the process of ending the common existence, they do not know exactly what it is that needs to be collected and presented.

You can consult a private or state budget specialist about the list of such documentary data necessary to terminate the relationship.

The list is quite voluminous, but not very difficult to collect:

• the appeal itself in three copies - one for the initiator, the second for the specialist considering the appeal, the third for the opponent;
• financial information about the payment made, which is mandatory for discussing the appeal;
• information confirming the identity of the applicant;
• data on the conclusion of a family union;
• information about the birth of joint offspring;
• data on actual residence together or separately;
• marriage agreement, if any;
• mutual agreement on the upbringing of babies after the discrepancy, if it is reached;
• information about the peaceful delimitation of common material goods;
• handwritten consent to terminate the relationship if one of the two cannot be present at the discussion;
• a paper confirming the right to participate in the discussion if the interests of the absent parent are represented by another person;
• data on the received finances of the parent who leaves the family and will be required to make established payments to provide for the kids;
• economic calculation of the necessary amounts for the maintenance of the child.

All such data is extremely important for the discussion of the appeal to pass without delays and transfers. Such a competent approach to data collection will allow, first of all, not to cause unnecessary anxiety to children.

How much does it cost to file for divorce?

A person who submits a petition for the official termination of relations should understand that a mandatory fee is established by the current rules and regulations for discussing such requests. That means you still have to pay. Only who and in what amount will make them.

According to the established procedure, payment is made by the initiator of the appeal. However, there are times when both adults contribute equal parts of the payment:

• if both agree to terminate the joint relationship, they do not have joint offspring under eighteen years of age and there are no disagreements on the delimitation of material wealth;
• the termination of relations is carried out in the official state budget court.

The amount of payment for termination of relations is six hundred rubles. In the event that the relevant papers on the discrepancy are issued, an additional payment will have to be made - approximately six hundred and fifty rubles.

If the initiator is one of the spouses, the applicant will need to pay three hundred and fifty rubles. Additional costs will entail changing the surname to the previous one - about one thousand six hundred rubles. It is paid regardless of the value of the appeal.

To make a payment, you will need:

• determine in favor of which instance payment will be made;
• calculate the financial value of the petition. It depends on the volume and type of requirements;
• fill out a special money paper, indicating all the necessary data and the amount of transfers;
• pay a fee at one of the banking or postal authorities;
• submit proof of payment to the appropriate specialist.

Payment can also be made via the Internet. But then the payer will not have confirmation in his hands and still have to seek help from the authority that performed the operation.

Court decision on divorce

Consideration of the appeal always goes according to the established procedure. After receiving the entire amount of data, the specialist who will consider the appeal examines the entirety of the information provided and determines the time and place for the debate on the application.

All people whose presence is necessary to formally end the relationship must be informed of this. Notification occurs by mail, mobile notification, the Internet.

On the day of the discussion, the assistant specialist checks whether all the profits and establishes the reasons for the absence of those absent, which he informs the specialist about.

During the discussion, the professional once again analyzes in detail all the data presented, talks with the invitees.

The interested initiator needs to be prepared for the fact that the discussion can be postponed. This happens if the necessary calls did not appear, or the information package of information and data is incomplete.

After studying everything presented, the specialist retires to a special deliberative room to make a conclusion.

The result itself is voiced for those interested aloud by reading it. If one of the divorcees did not arrive, the data confirming the breakup of the family unit are sent to him by mail.

The specialist informs the interested parties about the possibility and time periods for reviewing the conclusion made.

Those who appeared at the announcement of the result of the discussion have the opportunity to pick up their copy of the copy of the conclusion personally. If, for some reason, a person cannot do this on his own, a copy will be sent to him by mail, courier, or a trustee of the interested person will take it.

Divorce Certificate

The final verdict of the official court is still not enough.

To complete the procedure for documenting the termination of relations, a special paper is required that certifies the final termination of the existence of the family unit.

According to the current rules, in order to obtain such documentary evidence, interested persons will need to contact the official state budgetary authority that is engaged in fixing the creation of family unions.

When applying, you will need to submit:

• information confirming the identity of the applicant;
• a copy of a copy of the excerpt from the final verdict of the court with a mark of gaining force;
• a financial document confirming the payment of a mandatory fee for obtaining the necessary securities.

After everything presented to the interested person, official ones of the appropriate nature will be issued.

Contrary to popular belief, the relevant paper does not have a time limit. It can be used for its intended purpose, when it pleases the interested.

On this, the procedure for the disintegration of the family unit is completed.

You will be interested

If his new one calls you to complain about him, and you laugh together - that's when, then you can become friends. But still keep your distance. This is not your war Whatever he is playing now, whatever he is doing now, whoever he stays with, and whatever he says, it does not concern you. It's not your problem anymore. Of course, he can call and ask in a special voice “what kind of demonstrations? Why did you unfriend me in all networks? to which it is necessary to answer in a bright voice “and this is so that you do not see my locks, of course.” If you want to communicate with children, let them communicate directly. Does the child have a phone? Let him buy. This is not your head. Do not discuss the reasons for divorce with children. You can and should discuss the consequences with them. We will now live there. So that. With such people. Dad will see you then (here is a dangerous moment, do not forget to insert “he says so”.

Rules for Divorce with Minor Children

So that the divorce does not drag on for a long time, and the problems associated with it are resolved immediately, you will need to prepare for the meeting. If there is a dispute between the parents regarding children, the division of property, the appointment of alimony, then evidence is required.

They are necessary to prove their own position and correctness. The following may be used as evidence:

1. Documentation.

They must be presented both in original and in photocopies. Copies of documents must be certified by a notary.

Audio and video recordings.

Witness testimony.

Examination conclusions.

If the court has decided to satisfy the claim and divorce the parties, then within three days, appropriate changes are made to the registration authorities.

Registration of a divorce with small children is also a mandatory procedure.

Divorced woman with children

If the parent's earnings are not regular, then the court may establish the amount of alimony in a fixed amount. In general, we can say that divorce has many nuances, and if you want to protect yourself and your interests, as well as the rights of children, then it is best for you, in order to avoid mistakes, to contact a lawyer who will give individual advice, help you draw up a claim correctly and support you during the trial.

This article was prepared by specialists of the ICPI Planet of the Law. If you or your loved ones find yourself in a difficult life situation, then experienced lawyers will provide you with invaluable assistance.

In the case of applying for legal support or for legal advice at the ICPI Planet of the Law, you are guaranteed the help of professional lawyers, even in difficult cases.

Divorce with two children

Otherwise, if you have housing and a job, and there are no serious health problems, then the children will most likely be left with you, since judges and guardianship authorities usually mean that it will be better for a young child with a mother. Nevertheless, you should not count on a clear victory, so we recommend that you seek the help of an experienced lawyer who can support you in case of unexpected circumstances.

How to divorce your wife if you have a child? If you want a divorce and there is no dispute about the place of residence of the child, then you will be divorced without any problems. Make a written agreement with your wife that the child will live with her after the divorce, and you have no claims.

In this case, there will most likely not be any difficulties and delays in the process. A claim for the division of property, if necessary, can be filed separately.

How is a divorce with two children

If there is a dispute on this issue, then the fact of its existence must also be indicated.

• Reason and grounds for divorce proceedings.
• Spouses' signatures.
• Standard documentation:

• civil passports of the spouses;
• birth certificates of children;
• claim for division of property;
• documentation establishing rights to property;
• a power of attorney, if the interests of one of the parties are represented by a legal representative;
• receipt confirming the payment of state duty.

Attention! In accordance with Art. 333.26 of the Tax Code of the Russian Federation, spouses who have joint children and divorce, pay a fee of 400 rubles.

Is it possible to build a family life after a divorce and with two children?

Attention

Its conditions and procedure are regulated by the Federal Law of 1997 No. 143. In accordance with the provisions of the Law, the registry offices make the necessary entries and issue a certificate of divorce.

With whom do children stay when their parents divorce?

Because there is a non-zero chance not to survive. Or survive, but leave a paw in a trap. And to ride further for a long time until the children become independent.
We should stay as whole as possible. Maybe somewhere in the mysterious distances the children are divided equally, and even they are rolled back and forth so as not to get bored. And in our realities, children will stay with you and only with you. You might get some alimony. What are you leaving for - and we remember that in most Russian divorces a woman is the initiator - what's the difference. Once you decide to leave, it's our job to help. And you will catch your breath, get up on your feet - you decide what's next. "Initiator" does not mean "culprit" Even if you leave, it is not at all necessary to consider yourself the destroyer of the family. From that family, maybe for a long time one empty shell remained.

Divorce with a small child under 3 years old in Russia

At the same time, not only the moral qualities and material capabilities of both parents are necessarily taken into account, but also their desire to engage in the maintenance and upbringing of a particular child. Who will give the child if the mother does not work? With whom does the child stay during a divorce if the mother does not work or is on maternity leave? Complex material or property aspects do not always play a fundamental role in making these decisions. So, if the wife earns less than her husband, but pays more attention to the child and performs maternal duties, the court will rule in her favor. When considering such issues, it must be remembered that after the divorce, the father will continue to fulfill his parental responsibilities and pay monthly alimony for the maintenance of the child.
The amount of payments depends on the amount of wages or the living wage in force in 2018.

Forbidden

If one of the parents uses unacceptable parenting measures, the expert will indicate this in a special certificate, which will become the basis for making a final decision. What rights does a parent who lives separately have? After the dissolution of the marriage, the parent living separately retains the opportunity to see and communicate with the child at the set time, take care of his health and development, control the process of education and upbringing and protect legitimate interests in various bodies.

As you can see, Russian law provides both spouses with exactly the same chances of success. The main thing is that the child stays with someone who really deserves it. Video: Divorce with a child.

Divorce with two young children (2018)

Such a requirement is stipulated in the Family Code and is intended to reconcile the spouses who could sign the application without thinking, in the heat of the moment. If there is no dispute about children and other fundamental issues, then the spouses can draw up an agreement that will say who the child will stay with, in what order and amount alimony will be paid, and even how the common property will be divided.

If no one's interests and rights are violated, the court will decide on a divorce, division of property and a child in accordance with this agreement. If the husband and wife cannot find agreement, then all disputes will be resolved during the trial, based on the norms of the Family Code and other laws.

After the judge makes a decision, either spouse can appeal it within ten days. If the decision is not appealed, it will come into force.

And then dad will promise new skates for his birthday and the whole world in addition, but he himself won’t come at all - and you will rake up the consequences). If a controversial moment arises, call your ex on Skype with a child on your lap, and politely say, “Sorry, Victor, Tanya doesn’t quite understand whether she should wait for you this weekend or not. Explain it yourself, please.” And then you quietly walk out of the frame. To the accusations that you are setting him up - answer with a clear conscience that you are no longer responsible for his relationship with the children, and you are not obliged to rake them up. Your duty is not to say nasty things about him to your children, so you don’t say them. And the reasons for divorce with children can only be discussed if the children are already so old that you can roll vodka with them. In terms of pedagogy, this is about the same.

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When the situation in the family becomes tense, the spouses can no longer coexist normally, it is better not to spoil each other's nerves, but to make a decision and disperse peacefully. This is normal when the family has not yet acquired offspring. Worse, when it is required to carry out a divorce with a small child. Here, quite often, certain nuances arise, which we will talk about.

Where to apply?

The legislation provides that if there are minor children in the family, the termination of the marriage is carried out exclusively through the court. Moreover, if a woman is worried about how to survive a divorce with a small child, a lawyer can carry out this procedure by proxy.

Divorce with two minor children

At the same time, when signing such a document, it must clearly understand the limits of compromise that it is ready to go to.

The power of attorney must state:

• the amount of alimony;
• possible schedule for visiting the child by the spouse;
• providing the court with certain information about family life and life;
• other important points that may arise.

It is important to understand in principle that the rights to the child of both parents are equal. Therefore, if the parents do not initially agree among themselves with whom the small child will remain during the divorce, this will have to be decided by the court based on the information provided by the parties, as well as organizations involved in raising children (in particular, guardianship authorities).

But there is an exception to the rule. The law provides for cases when a divorce from a husband, if there is a small child, can be carried out through the registry office. These include:

• a situation where the husband is incapacitated;
• missing;
• “winds” a prison term of more than three years.

True, each of these cases will have to be confirmed by a court decision, which, by that time, had gained legal force.

If there are multiple children...

Often, by the time of a divorce, a family has not one, but two or more children. In this case, the complexity of the situation lies in the need for their further maintenance and education. Therefore, a divorce with two small children or more can negatively affect the children themselves, because the law does not prohibit parents from sharing children. The ideal way out of a situation where there is a divorce with 2 small children is an amicable agreement, where the parties will find a compromise solution.

But if this process is left to the mercy of the court, the party that wishes to keep the children at home will have to prove:

• availability of permanent residence;
• income level;
• attitude towards children, understanding and attitude from children;
• positive opinion of the kids (if they are over 10 years old).

It is important to understand that in a divorce with two small children, the chances that the children will stay with the mother are much greater than if the father wants it. Yes, and the court is more willing to award the payment of alimony for the maintenance of children at the expense of the father.

If the father wishes to keep the children, he will need every effort to prove that the mother is not able to support them, that the conditions for their maintenance in the future, even with the timely payment of alimony, will be very bad. As a rule, positive decisions in such cases are made if the mother suffers from alcoholism or is a drug addict.

Features of the divorce process

It should be noted that divorce in the presence of a small child has its own characteristics. The fact is that if at the time of filing the documents the child has reached a certain age, or the wife is still in a position at all, there are direct norms of the law that prescribe certain actions to the court.

In particular, if a couple wants to file a divorce with a child under one year old and the woman is against it, the court simply closes the case, leaving it without consideration. At the same time, when a woman herself, due to a certain life situation, files for divorce with a child less than 1 year old, her requests are subject to satisfaction, even if her husband is categorically against it. A divorce with a small child under 2 years old is no different from the usual breakup of a marriage with children of a different age.

It is also worth considering the moment when a divorce is carried out in a family with a child who was already 10 years old at the time of filing the application, the court will also take into account his opinion with whom he prefers to stay after the termination of his parents' life together. Do not forget that life does not stop after a divorce. And the other parent, if he is not deprived of parental rights, will have legal time to communicate and meet with his heir.

What documents are needed?

Now a little about the legal consolidation of this procedure. To file a divorce with small children, the following documents are required:

• statement of claim;
• marriage certificate:
• certificate confirming the fact of the birth of the baby (babies);
• application for alimony and their amount;
• other documents confirming the property status, place of residence, income level, living conditions and more.

Remember, before filing for divorce with a small child, it is advisable to discuss with the other side the issue regarding the future fate of the child (children). It is important to understand here that the documents required for a divorce with a small child do not always reflect the real needs of the children themselves. And in order not to injure them, sometimes it is better to retreat a little.

Do not forget, after the parents stop communicating, children can withdraw into themselves, change their attitude to the world around them, become taciturn and difficult to communicate. Therefore, before living after a divorce with a small child, it makes sense to get professional advice from a psychologist.

If you need qualified advice in relation to your situation, call the number listed at the top of the page, or send a question through the form at the bottom right of the screen. Our specialized lawyer will promptly answer and solve your problem!

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Questions about how to file for divorce if you have a child, what documents you need to submit to the court and how to defend your rights torment all participants in this problem. Our article will help to understand the intricacies of the letters of the law.

How to divorce your husband if you have a child

Married couples who have not yet had time to acquire offspring (namely common ones) can get divorced according to a simplified system - they just need to write an application to the registry office, and after a certain time, the marriage is officially terminated.

Spouses who have joint children can only be divorced in court. This is done to protect the interests of a minor child, since, despite the fact that the parents no longer wish to remain in the status of husband and wife, parental rights and obligations remain with them in full.

The nuances of divorce in the presence of a child

• A husband cannot file a divorce suit without the consent of his wife if the family has a common child under one year old. The wife's pregnancy is also an obstacle if the wife is against divorce.
• The presence of children under three years of age in the family does not prevent divorce, even if the wife or husband does not agree, the spouses will be divorced within the time limits established by the court. However, it must be remembered that a woman under 3 years old is on maternity leave, which means she cannot earn money on her own. In this case, the husband will be obliged to pay alimony not only for the maintenance of the child, but also for the spouse until the child reaches the age of three.
• The presence in the family of a child with a disability since childhood of group 1 does not prevent the dissolution of the marriage, but in this case the spouse will be obliged to pay alimony not only for the child, but also for the wife who cares for him, until the child reaches 18 years of age.
• The presence of two or more children in the family does not impose any restrictions on the divorce procedure. Even in case of disagreement of one of the spouses (for example, the husband is against a divorce), the court cannot reject the claim and issue a divorce in due time.

Who does the child stay with during a divorce?

Parents can agree on their own (without the participation of a judge) on the child's residence, the amount of alimony paid, the schedule of visits, etc. In this case, they draw up an agreement on children, in which all the controversial points are indicated. If there is such an agreement, the trial is much faster, otherwise, it is the court and the guardianship and guardianship authorities that will consider the issue of the child living with one of the parents. It is possible that the divorce will occur on time, but the determination of the place of residence of the child may be delayed (when the parents are determined to raise the child on their own and want to exclude the influence of the second parent on the life of the child - such a lawsuit can last 2 years or longer).

The division of property is considered in the same lawsuit if there is no agreement on the division of property. At the same time, children do not claim the property of their parents, and parents do not claim the property of their children.

Where is the application submitted?

Spouses are often confused and do not understand where to apply for a divorce - in the registry office, world or district court.

• The registry office has the right to consider questions about the official termination of the marriage only on the condition that the couple does not have joint children. At the same time, there are exceptions that make it possible to dissolve a marriage through the registry office:

1. Husband/wife declared legally incompetent;
2. Husband/wife declared missing;
3. Husband/wife sentenced to more than three years;

• The Magistrate's Court will accept an application in the following cases:
  1. An agreement on children is made between husband and wife;
  2. The amount of joint property does not exceed 50 thousand rubles;
  3. One of the spouses does not show a visible protest against the divorce, but avoids attending meetings;
• The district court will consider the case only in the absence of agreements between the spouses on the place of residence of the children, the amount of payments, the division of property (the amount of which exceeds 50 thousand rubles);

Also, the spouses retain the right to file for divorce without a personal presence at the registry office, using the application via the Internet (this right is provided by the State Services in accordance with Article 33 of Federal Law No. 143-FZ).

Otherwise, one or both spouses must file a petition for divorce. Writing Sample:

Decision on application

Once the application is accepted, it may take up to 30 days from the date of submission to consider it. The decision on the application may be:

1. Divorce;
2. Refusal to consider the case (when the claim is not drawn up correctly);
3. Refusal to dissolve the marriage (in the presence of a child under 1 year old or the fact of the wife's pregnancy);
4. Giving spouses time for reconciliation (no more than 3 months);