Divorce with two children is a complex procedure, on the part of moral, ethical, material. It is still necessary to survive it, if the relationship has reached an impasse or it has become unbearable to be in a room with a constantly drunk, obscene expression of his thoughts with physical violence to his surrounding spouse. Divorcing two children is an unpleasant process, but the mother needs to think about it, perhaps this is the way she saves her and young children - life, health, psyche. If a couple diverges because of another outbreak of love, then there is nothing to worry about. One must be glad that now there is no need to hide her, or it became clear what this fragile marriage actually means when a husband hurries to another woman. In any case, you have to calmly think it over and get ready for the legal procedure.
What laws regulate family problems?
The Family Code in article 19 par. 2 explains how to go through a divorce with two children in the registry office. To do this, prove or admit:
- in court, missing a husband or wife, staying in an unknown place for more than a year;
- disability of the second parent with a medical certificate and judicial approval;
- imprisonment for three years by copy of the sentence.
The IC of the Russian Federation chapter 4, section 2 devoted to the problem of divorce with two children, the general procedure for ending marriage. Other provisions from the legislative framework:
- the rules for filing a statement of claim with attachments are specified in the Code of Civil Procedure of the Russian Federation, Articles 131, 132;
- the sizes of state duties and how to calculate them are disclosed by the Tax Code of the Russian Federation in article 333.26;
- The procedure for conducting procedures in the registry office is described by Federal Law No. 143.
Laws clearly explain every moment when breaking family relationships, how to formalize them in the legal field, taking into account the interests of all parties. Including, if the woman after the divorce was left with two children.
Where to begin
Any litigation begins with filing a lawsuit. Since children are born in marriage, it is impossible to resolve the conflict without trial. Will have to determine:
- places of residence of children;
- section of jointly acquired property ;
- child support for minors;
- time and duration of visits.
Even when the parents try to reach a mutual agreement in a peaceful way, usually there are many contentious issues and a single consensus is not reached. Similar problems are under the jurisdiction of world courts, and marriage can be terminated unilaterally. The jurisdiction of the district court is competent to consider disputes regarding the residence of children. No one forbids parents to agree on everything peacefully, to distribute property, but the court must confirm by an official decision that the divorce with two minor children was carried out in compliance with their interests.
Marriage Termination Scheme
It is always difficult to determine jurisdiction for citizens who are far from legal proceedings and legal topics. This is just a definition - where to apply, whom to contact, so that the authority has the authority to participate in the process. For family matters that are not controversial, they file a lawsuit with the justice of the peace. Problem solving is handled by the district legal authority. Divorce requirements and conditions are established by the RF IC Articles 21-23. The judicial procedure consists of the following steps:
- preparatory process - spouses file a lawsuit, file an application for divorce with two children;
- receive a summons at the address;
- participate in litigation;
- 3 months are waiting - time is given for reconciliation;
- come to the next meeting;
- listen to the verdict;
- receive a decision on the entry into force of the judgment.
The right of either party to appeal the decision of the court. If you agree with the order of the proceedings, given the time spent on a peaceful settlement, the process will take at least six months. After a divorce with two children, problems are just beginning, they have to be raised by worthy people. A married couple breaks up, parental responsibilities remain until the offspring comes of age.
Characteristic features of each stage
Each item from the divorce scheme has its own characteristics.
To fill out the application, you must:
- talk with each other;
- determine - where, with whom the guys will live;
- draw up an agreement on the procedure for the maintenance of children;
- compile documentary annexes to the application.
Before receiving notice of appearance at the hearing:
- the court considers the problem indicated in the application;
- assigns a number to consider the matter;
- sends a summons to both spouses, which reflects the time and place of the court.
Divorce of marriage with two children takes place:
- with the participation of the parties at the meeting;
- appoint a hearing one month after the claim is filed with the office;
- in court, spouses will have to answer questions about the reasons for terminating family ties;
- prove why children will be better off living with one of their parents;
- decide on the place of residence of minor family members.
The consideration of the case may be carried out in the presence of only one party on the basis of the petition submitted. During the process, spouses are allowed to file written objections or recognition of the requirements.
Documentary support
The divorce proceedings in court will begin if, in addition to the application, documents confirming various legal facts are attached. They include:
- spouses' passports in original and copies;
- children's birth certificates;
- marriage certificate;
- extracts from housing and communal services, from the local administration about the actual residence of children;
- certificate of payment of state duty.
In a statement, in the “applications” section, each submitted paper is rewritten.
Who will pay for the content
During a divorce with two children, different advice comes from people who have experienced this situation, but it’s better to accept the help of a qualified lawyer. The specialist knows all the legal provisions that can be referenced in each individual case. At the hearing, where the issue of divorce is considered, you need to decide on child support. This is specified in a separate requirement. Money is received by those who will be engaged in direct education. The judge will rule on the extent to which the content is assigned. For 2 children, 33% of all earnings will be withheld. Parents can agree on a fixed amount, which the father is able to transfer once a month, to pay for education or a circle.
Additional meetings
The judge may decide to give the couple time for reconciliation. When a divorce from a husband with two children is postponed for 3 months, they should come to a consensus:
- Continue or terminate the marriage;
- by whom the children will be brought up.
The court takes into account children's desires and a great affection for one of the parents, financial condition and living conditions. The judge announces the verdict, which will enter into force in 30 days. During this time, you can file a rebuttal with your individual requirements. Everything will be considered in court and satisfied if there is no harm to children's interests. After a divorce with two children, parents receive a decree in their hands. The document serves as the basis for the registry office to obtain a certificate confirming the divorce.
How to be with an obligation to the bank
Lawyers give a lot of advice on the procedure for participation in litigations, in what shares the property is divided, and what about common debts, if there is a divorce with two children and a mortgage? Typically, lending takes place with the participation of the co-borrower, it is the husband or wife, depending on who the mortgage was drawn up for. Ideally, citizens stipulate in advance the question of the fate of the loan and its obligations in the event of a family breakup. In practice, when a happy couple purchases an apartment, she does not even think about the possibility of such rainy days. It is recommended that all disputed issues be resolved prior to litigation. They are long, which may cause:
- loan debt;
- penalties and fines;
- arrest on collateral;
- sale of real estate for the full repayment of a mortgage.
To avoid unpleasant circumstances, it is necessary to resolve the financial conflict situation in time.
Options for implementing plans
How to decide on a divorce with two children if so many problems overlap on the shoulders? You need to convince yourself that they are no longer interesting to anyone, from now on you have to get used to solving them, as they become available and unilaterally. When the family breaks up, but the debts remain, one of the methods is used:
- distribute credit obligations for the entire duration of the action;
- transfer payments to one of the parties along with the right to own the apartment;
- agree with the bank on the sale of mortgage property in order to pay off the debt;
- pay a mortgage, sell real estate, share money.
All methods require the availability of free funds from spouses. Money is not always found, since the family was constantly in debt due to a mortgage. It is inconvenient for the bank to share payment obligations, lenders prefer to have one payer, and co-borrowers serve as a kind of insurance in case of bankruptcy of the main client. A mortgage is issued on the condition that the apartment is pledged by the bank until settlement is complete. This means the owner can not independently dispose of the property. If there are no other options, the lender will go to sell his collateral so as not to lose his own funds.
How to separate children
Families are different, differ in their relationships and the behavior of each member. The usual practice, when children remain to live with their mother, is gradually changing. Parents can divide the babies among themselves, then child support does not need to be paid and the financial burden will decrease. Former spouses are considering a child's preference for one of them. Only if there is no consent from the former spouses, the court intervenes. There are examples: the judge decides that the mother is unworthy to raise her descendants, their father is responsible for their fate.
For what reasons does the court choose one of the parties
Despite judicial practice, in the preference for determining children to live with a parent, no one takes his rights from his father. The Family Code established equal status and obligations between them, so a man can file a lawsuit and sue the kids. To do this, provide evidence:
- addiction to alcohol and drugs;
- inappropriate care;
- neglect of medical care;
- physical violence;
- malicious evasion of maternal duties.
If the facts are confirmed by testimony, administrative penalties for these examples, the court will satisfy the paternal lawsuit.
How to familiarize children with family changes
In any case, for a child, a stressful situation is when there is no mom or dad nearby. If there were no fights, scandals before his eyes, there was no way to take sides, he loves both of them equally. Teens are usually aggressive about divorce, they don’t understand why adults can’t make peace. Psychologists advise gradually preparing children for thought: now they will have to live separately.
Only unreasonable mothers try to denigrate the image of the father, pour negative on the fragile psyche of the child. All parties will benefit if the upbringing takes place jointly, in a coordinated manner, financial problems are resolved on time. In no case should you break your attitude to your ex-husband on your son or daughter because of their consanguinity. The child will have a desire to be less at home. Evil tends to return. How many examples, when not only marital relations break up, but also mutual understanding with a teenager. In the soul of an adult, a bloody trace from the divorce of his parents will forever remain.