If the family has a minor child, this does not mean that his parents cannot divorce. But in this case, the procedure will look somewhat different than in the absence of joint children under 18 years of age. It should be considered what documents for divorce from a child should be prepared, how the process of divorce will occur, what rights parents have and what responsibility they bear.
Can I get a divorce through the registry office
Traditionally, the registry office is engaged in the conclusion and divorce , but not in the case when the family has children. Accordingly, the documents required for a divorce will need to be submitted to a magistrate’s court, with the exception of the following situations:
- If one of the spouses is declared missing, missing for more than one year and his place of residence is unknown.
- One of the parents has been imprisoned for more than 3 years.
- If one of the parents has lost legal capacity.
In these cases, you can divorce through the registry office, but you must provide a court decision, because each of the facts presented is established in court. In addition, you need a passport, a certificate of marriage, payment of state duties.
Divorce through court
Before you ask yourself where to file for divorce, you need to consider a few nuances. Firstly, if a child was born before marriage, and paternity was not established, then you can divorce through the registry office. Secondly, divorce through the court occurs only between spouses who have common children. At the same time, both parents can submit an application, by mutual agreement, and one of them.
You can apply for a divorce from a child in a magistrate's court, but only if there is no dispute between the spouses over who the children will remain with. If there are disagreements, then you should contact the district court.
Statement of claim
The list of documents for divorce is not so large:
- passport;
- birth certificates of children and marriage;
- statement of claim;
- confirmation of payment of state duty.
Keep in mind that all documents need photocopies, and in the absence of originals, they must be notarized.
Now you need to make a lawsuit to divorce. It should be written according to the following plan:
- Name of the municipal institution.
- Surname, name and patronymic of both spouses, their place of residence.
- Description of the essence of the issue, starting from the moment of marriage, the birth of children and the desire to divorce.
- It is necessary to identify controversial issues, if any, regarding the division of jointly acquired property and the determination of the place of residence of children.
- The last part of the statement of claim is a petition to the court to terminate the marriage, to share the jointly acquired property, to determine the place of residence of the children, to appoint child support.
By the way, if there are disputes over children or property, the plaintiff must provide the court with arguments and evidence. The application and the package of documents are transmitted to the court registry at the place of residence of the defendant.
How will the divorce process go?
After the documents for divorce from the child have been submitted to court, the judge considers within 3 days and sets the date and time of the court hearing. Both spouses will be notified about her by registered mail.
The time frame for divorce proceedings depends on many circumstances. Here is a list of those that will speed up the divorce procedure:
- At each meeting are both sides of the trial.
- Their decision to divorce is mutual.
- There are no disputes over the division of jointly acquired property.
Otherwise, court hearings will last quite a long time. It is more advisable for spouses to agree among themselves before a court hearing.
How to prepare for a court hearing
You do not need to worry only about what documents to file for a divorce, because, in addition, you need to carefully prepare for the meeting. In court, everyone defends his interests, especially when there are any disputes and disagreements. Accordingly, it is necessary to prepare all sorts of evidence in order to increase the chances of a judge making a decision in his favor.
You can provide the court as evidence:
- documents or notarized copies;
- video or audio recordings;
- testimony of witnesses;
- expert opinions.
What to do if one of the spouses does not agree to a divorce
Oddly enough, in most cases, only one of the spouses acts as the initiator of the dissolution of the marriage, and the second does not agree with this decision. Accordingly, the situation is aggravating, and the judicial procedure is being delayed.
It is worth noting that there are cases when the spouse does not have a certificate of marriage, but at the same time he wants to file an application with the court. The question arises as to what documents are needed for a divorce in this situation. To solve the problem, you need to contact the registry office and take a duplicate or a certificate of state registration of marriage.
Further, it should be borne in mind that if the spouses have not reached consensus, then unpleasant moments may appear to dissolve their marriage. Firstly, the judge will set a period for reconciliation of 3 months. Secondly, you will have to spend a lot of time and effort searching and collecting evidence that will help protect your own interests.
Who will the child stay with after divorce?
In any case, if there are minor children, and both spouses agree to divorce, only the court can terminate their union. The only advantage in this situation is that the process does not drag on for long.
At the same time, the father has a chance to determine the place of residence of the child with him. Check out what documents to divorce should be provided in this case, or rather, what evidence should be presented during the court session:
- the mother does not have a regular income;
- there are unfavorable living conditions for the child;
- the mother has negative qualities that can adversely affect the psychological health of the child.
It is worth noting that if children are older than 10 years, then their opinion is taken into account by the court, and the latter makes a decision based on the affection of each young citizen to one of the parents.
But in most cases, parents agree among themselves and indicate the conditions and frequency of his stay with the second parent.
Child support
The parent with whom the child will remain needs to take care of which documents for child support after the divorce must be submitted to the court. You can file for alimony before or after the process, or together with a lawsuit for divorce.
There are many nuances. Firstly, if a wife is on maternity leave and is under three years old, her spouse will pay child support for her and her children. Secondly, if the spouse is not employed and, accordingly, does not have a regular income, this fact does not constitute grounds for refusing to collect child support.
So, that the court ordered child support for the maintenance of a minor child, you must submit the following documents:
- statement of claim;
- passport and copy;
- birth certificate;
- certificate of marriage or its dissolution;
- evidence that the child is living with the plaintiff;
- certificate of family composition;
- written justification of expenses for the maintenance of a minor child.
The package of documents should be transferred to the court registry at the place of registration of the defendant.
Property division
Where to file for divorce (with a child), if there is disagreement on the division of jointly acquired property? These issues are decided by the magistrate's court in the framework of the trial for divorce.
Today, the question that is relevant for many is: "How is housing divided by mortgages and housing loans not repaid?" The fact is that if there is a child in the family, the court takes into account his interests first of all. For example, if the housing is left to the mother and the child, then the father is paid monetary compensation equal to his share in the dwelling. But at the same time, both spouses are obligated to make payments on the mortgage.
Similarly, all the property of the spouses is divided, that is, taking into account the interests of minor children. Property owned by children cannot be divided, including money left by parents in bank accounts. By the way, a lawsuit can only be filed against a section of jointly acquired property within three years after the dissolution of the marriage.
Divorce process if the child is less than one year old
If the baby is under the age of one, then only the spouse can file an application with the court for divorce. A father cannot leave the family, especially if his other half is against it. In this case, you can agree peacefully and by mutual agreement to terminate the marriage or wait for the first birthday of the child. A wife’s pregnancy can also be a reason for the court to refuse a divorce.
Documents for divorce from a child who is less than one year old remain the same, but only the mother can act as a plaintiff.
Conclusion
Before deciding on a divorce, you should carefully consider everything. First of all, you need to take into account the interests of your children. Even if reconciliation between spouses is impossible, this is not a reason to forget about them. In any case, the interests of children will be taken into account in the first place.