Claim for divorce of children: drawing up rules, list of documents

Divorce is always an unpleasant event not only for the husband and wife themselves, but also for their relatives. This is due to the fact that the divorce process affects the interests of both parties, especially when it comes to the division of property acquired in the marriage. A very unpleasant and difficult psychological event is the divorce of parents is considered for children. How to get a divorce if there are minor children, and what is such a process?

Where to go

Where to file a divorce claim with children? It should be noted right away that if there are minor children in a family that has decided to divorce, the procedure will be carried out exclusively in court. The thing is that one of the most important issues that are decided in court will be which of the parents the children will remain with, because the main task of the judge in this case is to protect the rights and interests of children who have not yet reached their full age.

As for jurisdiction, you can send a statement of claim for divorce through the court if there are children:

1. If there is no disagreement between the spouses during the divorce proceedings, then you can apply with the corresponding statement to the justice of the peace.
2. A married couple should contact the district court if they have disagreements regarding the issue of further residence of minor children with one of the parents. Or there are disagreements over the division of property, the amount of which exceeds 50,000 rubles. A lawsuit is also sent to the district judge if the issue of the maintenance of a minor child (assignment of alimony) requires a decision.

In order to correctly determine the jurisdiction of the case under consideration and to know how to file a claim for divorce of children, the plaintiff can contact a lawyer / lawyer or view the information in article 29, paragraph 4 of the Code of Civil Procedure of the Russian Federation.

Required documents

The fundamental document, which is the basis for starting the process of dissolution of the marriage, is a statement of dissolution of marriage with children, submitted to one of the abovementioned authorities. It is also worth considering that you need to provide a number of documents approved by the legislation of the country. So, the documents are attached to the application for divorce. Scroll:

1. Passport identifying the plaintiff.
2. The original certificate of marriage.
3. Copy of birth certificate of children under the age of majority.
4. Documentary evidence of payment of state duty.

But in addition to the mandatory list, the judge may request additional papers if the matter concerns the settlement of the issue regarding the minor's future place of residence. It can be:

• certificate of salary issued at the place of work;
• characteristics of one or both parents (plaintiff and defendant);
• extract directly from the home book of both the plaintiff and the defendant;
• a certificate indicating the place of registration of young children;
• documentation confirming ownership of existing property;
• documents certifying the assessment of jointly acquired property;
• Calculation of the amount of maintenance payments.

There are options when you need to provide additional documents, but this directly depends on the circumstances of the consideration of the dissolution of the marriage, previously created by a couple in love.

It should also be mentioned that in case of unwillingness to attend the trial, the absent spouse must be given written consent to the divorce proceedings without his participation. Official representatives of a married couple can also deal with the issue of divorce, but for this you will need to make a power of attorney certified by a notary. That is, having such a paper, legal representatives can submit not only the statement of claim on divorce of children with a division of property, but also attend a court session.

How to file a statement of claim to terminate a previously created marital union

With regard to the question of how to file a lawsuit, the rules for preparing a statement of dissolution of marriage with children are regulated by regulatory enactments. That is, a document is drawn up in writing, but you should definitely adhere to the approved scheme and provide only reliable information. The statement of claim consists of three main parts. Let's consider each in detail.

Cap

It contains information about the judicial authority and the plaintiff. That is, it is required to note the name and address of the court where the divorce case will be considered. Information about the defendant is also recorded.

Motivation and descriptive part

Here it is necessary to notify the court when and between whom the marriage was registered. In addition, the plaintiff is advised to write down the reasons why the marriage can no longer exist. Also indicate the presence or absence of claims regarding the division of jointly acquired property. In this part of the document, it is recommended to designate references to legislative acts that justify the legality of the presented claims.

The operative part

This is the summary part of the document, where the claimed requirements, which were submitted to the judge, should be indicated. It also indicates the submitted documents, respectively, they should be attached to the statement of claim. At the end is the signature of the plaintiff and the date of the claim.

It should be noted that in order to correctly file a lawsuit on the dissolution of marriage with children, the form can be taken in the office of the judicial authority or contact a lawyer directly. This specialist will help not only to correctly file a lawsuit, but also to justify the requirements of the applying spouse. A sample claim for divorce from children can be downloaded from the Internet, but it can also be taken and filled out directly when visiting a judicial authority.

How much is a divorce

The plaintiff is involved in paperwork, but in addition, it should be borne in mind that the payment of the state fee is approved by legislative acts. The amount may vary depending on the claim relating to the divorce proceedings.

Divorce payment

It is worth saying that when considering a case regarding the termination of marriage and resolving the issue of which of the parents the minor children will continue to live with, as well as the division of property, a state duty is paid separately for each of the facts presented. That is, filing a lawsuit on the dissolution of marriage with children, the state duty must be paid one, and the division of property provides for a separate amount.

How does the divorce process go?

How to get a divorce if there are minor children, what is the procedure? After the statement of claim is sent to the judicial authority, it is considered by the judge within 5 days. The decision is communicated to interested parties in a way convenient for them. The notice indicates either acceptance of the case or refusal to accept the claim. A return option is possible if minor violations are required. If the submitted documents are in order, the spouses have no claims to each other of a property nature and the issue of the residence of children is resolved, then they can be divorced a month after filing a lawsuit, even without a personal presence at the hearing.

How to get a divorce in court if there are disagreements between spouses? In the event of a contentious issue or if one of the spouses does not agree to divorce, the judge shall appoint a 3-month period for reconciliation or provide an opportunity to resolve the conflict. If after three months no compromises were found and the spouses did not have a desire to save the marriage, they will be divorced.

Features of the divorce process

When filing a lawsuit to divorce children, you should be aware that various difficulties may arise. As for the features and nuances, there are a lot of them, so you should familiarize yourself with the main ones.

1. The statement of claim to the court regarding the consideration of the case on divorce is made in triplicate. For the plaintiff, defendant and judge.
2. A married couple cannot divorce unilaterally (at the request of the husband) if the wife is pregnant or they have a child under one year of age.
3. The state duty is paid by the applicant, the receipt is transmitted along with the documents to the judge upon filing.
4. You can file a claim in person or do it directly through a representative. In this case, you need to draw up a power of attorney, which is certified by a notary.
5. A divorce case will be considered only after 1 month from the date of submission of documents.
6. The notice of the judge’s decision after the acceptance of the submitted papers is sent mainly by mail. But at the request, the notice can be sent in the form of SMS or to the specified email.
7. In the case when the judge decided to divorce, but immediately after that one of the spouses changed his mind, he has one month to file an appeal.
8. The trial of a divorce case in a judicial authority may be carried out without the presence of both spouses. To do this, the court must be informed of this by sending an appropriate petition. That is, the court can consider the case without the presence of the defendant and the plaintiff, if they have no complaints against each other.
9. The amount of the claim on the property issue or the amount of the alimony for the maintenance of the child is determined by the applicant, such paper is submitted together with the remaining documents when the statement of claim is sent to the judicial authority.
10. The judge always carefully examines these reasons, which, in the opinion of the spouses, served as the basis for a divorce. The term for reconciliation is provided for at least a month, but if an application for divorce was filed through a court with children, then 3 months is given for reflection.
11. If the wife is pregnant or the couple has a child under 1 year old, then the wife has the right to demand alimony not only for the maintenance of the child, but also for her own support, since she cannot support herself in this case.
12. If it is impossible for one of the parties to be present at the court session, consideration may be given to video and audio documents. Such an option is possible when a petition is drawn up about it or there are circumstances that do not allow you to come to court, which you must also notify the court about. The best would be the execution of documentary evidence in a notary's office.
13. The presence of minor children provides for the presence at the court session of representatives of the Board of Trustees who are involved in the protection of the rights and interests of children who have not yet reached the age of majority.
14. The claim must certainly indicate directly the motive that prompted the termination of marital relations.
15. If the child has reached 12 years of age, then his opinion regarding who he wants to live with his parents after a divorce has been filed can be taken into account. After 14 years, the child himself has the right to decide who he will live with.

These facts should be taken into account when filing a claim with a court in order to avoid a refusal to open a judicial proceeding or postponement of the review until the errors are eliminated, if any were made. Therefore, the issue of dissolution of the marriage should be taken seriously, especially if the couple has small children.

Possible complications

The divorce process with the presence of minor children in the family is a rather complicated process, because it is not always possible for parents to decide who they will stay with children after the divorce. But other circumstances are possible that only complicate the consideration of the case. Among them are the following:

1. The lack of information about the defendant’s place of residence, so the plaintiff should file a lawsuit in the court at the defendant’s last place of residence.
2. The plaintiff’s unwillingness to attend the court session, but in this case he will have to send a corresponding petition to the judicial authority.
3. In the case when one (one) of the spouses is categorically against divorce, this also complicates the divorce process.
4. If the couple cannot mutually resolve the issue regarding the division of jointly acquired property in the marriage.
5. In the absence of a marriage certificate, you should certainly contact the registry office to obtain a duplicate. Without a document, a divorce case will not be considered.
6. If one of the spouses is convicted, and the sentence is more than three years. These circumstances must be notified in the statement of claim. You must also indicate the term of serving the sentence and provide information directly about the place of stay of the convicted spouse.
7. If at the same time a lawsuit was filed for the dissolution of marriage with children and a statement on the division of jointly acquired property, then the case will be considered much longer. Therefore, it is recommended that the requirements be separately.

Objection to the statement of claim

When filing a claim, the plaintiff indicates the reasons why he wants to terminate the family relationship, but the law states that the defendant, who does not agree with the conditions or wants to keep the family, is entitled to file an objection to the statement of claim sent to the court. It is submitted to the court, where the divorce case was examined, but no later than 30 days from the date the judge made the decision. This document should provide convincing arguments that could help the defendant convince the judge that the lawsuit filed to terminate the marriage was unfounded.

The information presented in the article answers the question of how to get a divorce through a court if there are children of minor age in the family. If there are disagreements, then a divorce can be formalized only after three months. This is also noted in regulations. You also learned what nuances should be considered before filing a lawsuit on the dissolution of marriage with children. But it is worth recalling that the divorce process takes at least a month, if the spouses do not have disagreements, this provision is regulated by the legislation of the Russian Federation.