What is the procedure for divorce if there are children. Divorce: where to start if you have children? necessary documents for divorce proceedings

Last updated February 2019

Even mutual consent to divorce does not make this procedure formal. Divorce in the presence of minor children almost always occurs in court, since in addition to the opinions 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 child support obligations.

Divorce through the registry office

The divorce process is possible in two options:

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

It all depends on family circumstances.

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

• the spouse is serving a sentence of more than 3 years;
• the husband or wife is declared missing;
• officially recognized incapacity of one of the 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 family relationship with the minor (the child is not his own and is not adopted);
• the child reaching adulthood at the time of divorce.

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

Divorce through court

Judicial divorce provides for 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 going to court, you should understand the following issues:

• whether there is consent of the husband/wife regarding the termination of the marriage;
• who the children will live with;
• how alimony will be paid;
• property division.

In order for the divorce process to go smoother, it is better to resolve pressing issues with your spouse in a civilized manner, securing 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;
• about adoption (if such circumstances exist);

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

Filing a claim

Either spouse can file for divorce. First you need to decide which court to file your claim with. Depending on how the divorcing spouses assess the prospect of the child living with one of them, as well as the issue of his maintenance, the case will be considered:

Magistrate:

• there is an agreement with whom the child will remain;
• there are no disagreements regarding the common property or the total value of the divided property 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 order of raising children;
• there are claims regarding the division of property, the value of which exceeds 50,000 rubles.

An application for divorce if there are minor children is filed with the court where:

• the defendant resides;
• at the plaintiff’s place of residence, if health conditions or the presence of young children makes it difficult to come to court (at the defendant’s place of residence).

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

Statement of claim. Presented in two copies	This document must contain information: about marriage (when with whom and where registered); about children (full name, date of birth); about the agreement between the plaintiff and the defendant about the fate of the children; is there agreement between the spouses on voluntary divorce; if the defendant is against the claim, then what are the reasons for the divorce; is it possible to preserve the family and under what circumstances; other circumstances that matter. In the petition part of the application, the husband or wife indicates: dissolve the marriage; determine a 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; on invalidation of a marriage contract; There are such disputes that under no circumstances can be considered in the same case as a divorce: on the recognition of marriage as invalid; on deprivation/limitation of parental rights.
Marriage certificate	A copy is attached to the claim, and the originals are presented to the judge during the process
Children's birth certificates	-
Children Agreement	-
Documents (certificates, statements, payslips, statements, etc.) on wages and other income of the defendant	If a request for alimony is made
Alimony agreement	-
Property documents, appraisers' opinions	If a claim is made for division of property
Debt documents	-
Other documents as needed	-
Receipt for payment of state duty	600 rub. for divorce; 150 rub. to collect alimony; Estimated amount for division of property depending on the value of the property.

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

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

• wife is pregnant;
• the family has a child under one year of age;
• 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 claim for divorce.

Trial

The divorce procedure (the judge's procedure) is different in cases where:

One of the spouses does not agree 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 deadline 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 reconciliation period. There are no other options. Afterwards, a hearing on the merits is scheduled and if at least one of the spouses speaks out for dissolution (it does not matter the defendant or the plaintiff), and the court also 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 (declared by the plaintiff and the defendant in court) or written (presented in the form of documents)). At the second and subsequent hearings, the judge checks the legality of the agreements from the point of view of the interests of the child. If the agreements were not declared (not presented), then the court must independently resolve the following issues: with whom will the child remain? who will pay child support and in what amount; Other requests of the plaintiff (division of property, alimony for a spouse, etc.) are also considered if they were mentioned in the claim. When making a decision on divorce, the court is not interested in the motives for ending the marriage relationship and this does not affect the result. The deadline for adoption of a judicial act cannot be earlier than one month from the date of receipt of the claim.

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

The main difficulties in court are related demands (division of property, alimony, dispute over children). Sometimes issues of alimony and 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 process, it turned out that the house and land that should have been divided between the spouses were donated to the husband's brother under a fictitious transaction. Therefore, before dividing 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 division case.

• the need to carry out activities that do not affect the overall outcome of the case (but only an individual requirement), but will lead to delays in making a decision on all other issues.

For example, in order to correctly determine fair compensation for an unequal division of property, a judicial assessment of part of the property is required, which, due to its remoteness and its large quantity, will take a long time.

Divorce decision

Resolving the issue on the merits of a divorce is not particularly difficult for a judge. As a result of the consideration of the case, three options are possible:

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

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

Who will the child stay with after divorce?

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

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

There is no single rule regarding who children stay with during a divorce; in each specific 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 during divorce if there are children

As a general rule, property acquired jointly in a marital relationship 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 there are often situations when everything goes to one spouse, if the second does not object.

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

Filing for divorce and division of property when there are children is complicated by the fact that children’s property 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 person 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 trial, 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 can protest it. If this happens, the decision comes into force from the moment it is approved in the second (appeal) instance.

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

The court sends the extract to the registry office within 3 days. But this does not mean that the matter is over. To obtain a divorce certificate, you need to contact the registry office for state registration of the divorce. In this case, the ex-husband/wife can apply separately. The following are submitted to the registry office:

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

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

Application for divorce if there are children

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

Sample No. 1 No agreement reached on child and alimony

Justice of the peace
judicial district No. 1 in Moscow
Plaintiff: Anna Sergeevna Solovyova
address: Moscow, st. Mira, 1, apt. 1
phone: +79151111111
Defendant: Soloviev Ivan Petrovich
address: Moscow, st. Mira, 1, apt. 1
phone: +79152222222

STATEMENT OF CLAIM
about divorce

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

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

The defendant does not object to the divorce. We have reached an agreement on the division of jointly acquired property. No agreement has been reached between me and the defendant on the issue of the child’s place of residence and maintenance.

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 02/14/2008 in the Civil Registry Office of the Northern District of Moscow, act record No. 13.
2. Determine the place of residence of the minor Sergei Ivanovich Solovyov with the plaintiff Anna Sergeevna Solovyova.
3. To collect from the defendant Solovyov Ivan Petrovich alimony for the maintenance of the minor son of Solovyov Sergei Ivanovich in the amount of ¼ of the defendant’s total income.

List of attached documents:

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

Date ______________ Signature __________________

Sample No. 2 Agreement on child and alimony reached

Samara

Plaintiff: Full name Date of Birth

tel.____________

Place of residence: ____________
tel.____________

STATEMENT OF CLAIM
about divorce

On October 10, 2010, I married my full name, which was registered by the Civil Registry Office No. 2 of the Samara city administration. After marriage, the wife left her last name as a money changer. 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 am with my full name. I don’t have a single budget, I don’t run a common household, and I don’t care for or help her as a member of my family.

I consider further life together, preservation of the family and continuation (restoration) of marital relations impossible due to the breakdown of family relationships, 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 that cannot be settled or compromised. We lack methods of reconciliation and compatibility of interests. This kind of life causes me mental discomfort and harms my mental health.

We have a joint child from this marriage, full name, born June 10, 2011. The child's age at the time of filing the claim is 6 years. The child lives with his 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 his mother was reached between us orally; there is no dispute about the upbringing and payment of funds for the child’s maintenance.

The defendant is not a needy disabled spouse, in accordance with Art. 90 of the Family Code of the Russian Federation. There is no counterclaim by the defendant and no 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 defendant regarding the division of property that is the joint property of the spouses.

The factual circumstances of the case do not provide for restrictions on the plaintiff’s demands for divorce under Art. 17 of the Family Code of the Russian Federation, namely, in view of the defendant’s absence of pregnancy and the presence of a child under the age of one year, obtaining the wife’s consent to initiate proceedings for divorce 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 magistrate.

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 above 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 full name and full name registered on 10.10.2010 in the Civil Registry Office No. 2 of the Samara city administration, registration No. 232, terminated.

List of documents attached to the application:

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

Date 03/20/2019 Signature __________(___________________)

Sample No. 3 Statement of waiver of claim

To the magistrate of judicial district No. ____
Samara
Samara region, Samara, st. Puteyskaya, 29
Plaintiff: Full name Date of Birth
Place of residence: ____________
tel.____________
Defendant: Full name Date of Birth
Place of residence: ____________
tel.____________
case No. 13-1111/2019

Statements
about the refusal of the claim

On March 28, 2019, the magistrate of court 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 at a court hearing. The meeting is scheduled for April 30, 2019 at 10:00 am.

After filing a statement of claim and the court accepting the case, changes in my life circumstances occurred. In this regard, the grounds set out in the claim against the defendant F.I.O. disappeared. Namely, a respectful and warm relationship has been established between me and the defendant, conducive to the preservation of 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) have no further intention to insist on previously stated claims in this civil case.

By virtue of the principle of discretion in 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, I voluntarily renounce the claims stated in my statement of claim for divorce from my full name, and insist on terminating the proceedings in case No. 13-11111/2019.

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

1. Accept the refusal of the plaintiff Full name from the claim to full name about divorce.
2. Terminate the proceedings in civil case No. 13-111111/2019, initiated according to my claim against full name. about divorce.

Date 04/10/2019 Signature ________ (______________)

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

According to statistics, up to 55% of marriages end in divorce.

And if such an unpleasant event does happen in your life, it is important to know how to properly end a marriage.

The issue of divorce through the court is especially acute if the spouses have minor children.

Let's take a closer look at the procedure for dissolving a marriage with children through the court, as well as the main nuances of considering cases of divorce in court (more information).

According to Russian law, it is necessary to end a marriage through the courts if the couple has. We are talking specifically about common minor children.

The presence of a minor child from one of the spouses from another person does not create the need to go to court for a divorce, except in the situation where this child was adopted by the other spouse.

You can also avoid judicial consideration of the case, regardless of the presence of common children, for the following reasons:

• The court declares a person incompetent or missing.
• A guilty verdict by the court, which established the punishment of the spouse in the form of at least 3 years of imprisonment.

In both cases, the court's decision must enter into legal force, which, as a rule, occurs after an appellate review of the case.

In what cases can you not get a divorce?

The legislator protects the right of a young mother to a full-fledged family and establishes additional restrictions on divorce.

Thus, a husband is prohibited from filing for divorce during his wife’s pregnancy and if their common child is not yet one year old.

It should be noted that such a ban exists only for the husband, while the wife has the right to file for divorce through the court with a child under one year old at any time.

Documents for divorce through court with a child

In order to obtain a divorce, the party interested in it must file the following lawsuit:

Statement of claim

It is the claim that is the document on the basis of which the court opens proceedings in the case. The complaint must state the facts that led to the decision to end the marriage. Such circumstances should be presented as succinctly as possible: it is enough for the court to be convinced that the continuation of the marital relationship between the spouses is impossible.

In addition to the demand to end the marriage, the statement of claim must contain the plaintiff’s proposal regarding who the minor children will live with in the future, as well as regarding the payment of alimony.

The plaintiff also has the right, in parallel with the divorce, to claim the division of all property available to the spouses.

It is possible to file a separate claim for this or to attach this claim to the claim for divorce. We recommend not to merge the divorce process and division of property into one proceeding, as this will significantly complicate the matter and delay the date of divorce.

If we are talking about a classic divorce process, then there are enough documents confirming the marriage, as well as the presence of common children. Since the court must determine with whom minor children will live, a certificate from the housing administration is required confirming the availability of adequate living space for the children to live.

Problems can only arise with the collection of alimony, since in order to correctly establish, the court needs information about the financial status of the spouses. As a rule, the court receives such information at the request of a party by requesting evidence from the federal tax service and other authorities, but it would not be superfluous to include in the case any evidence about the financial condition of the spouse.

In addition, you will need a receipt for payment of state duty.

The statement of claim for divorce through court with children and all documents attached to it are submitted in two copies.

The claim may be filed in a district or equivalent court, both at the place of residence of the plaintiff and at the place of residence of the defendant.

The procedure for judicial consideration of a divorce case

The procedure for divorce through court with children is as follows.

The judge, having familiarized himself with the case materials, decides to open proceedings, and then sets a date for the hearing.

The procedure for considering a divorce depends on whether the other spouse (defendant) agrees with the divorce.

If the spouse agrees to the divorce, the court immediately makes such a decision. Other issues regarding the payment of alimony and the residence of children can be resolved both in court and in court. At the same time, the court has the right not to approve the terms of such an agreement if it conflicts with the interests of the children.

The situation is much more complicated when the second spouse. In this case, the court must establish the reasons why the spouse files for divorce. If, as a result of the consideration of the case, the judge comes to the conclusion that the marriage can be saved, he can provide time for reconciliation (no more than 3 months), after which he can make a final decision.

Who will the child live with?

If the marriage itself, regardless of the wishes of the other spouse, is sooner or later broken up, then the issue of a minor child living with one of the spouses often becomes an even bigger problem than the division of property.

The difficulty of resolving the issue regarding the residence of children lies in the impossibility of establishing any general rules that are the same for all families.

Each family has its own unique relationship between parents and children, so the issue of a child’s residence is decided individually.

The most important factor influencing a judge’s decision on a child’s residence is the desire of the child himself.

It is quite natural that the older the child, the more the court will listen to his opinion. The court will also take into account how independent the minor’s decision is, taking into account the age of the child and his actual residence with one of the parents during the trial.

When considering the issue of determining a child’s place of residence, the court takes into account a number of factors: the financial capabilities of each parent, their age, availability of work, the child’s attachment to the place of residence, and the ability to devote a sufficient amount of time to raising a minor. In many cases, when making a decision, the court relies on the conclusions of the guardianship authority, which, after analyzing all the above factors, gives its assessment of the situation in the case.

Some judges still take a formal approach to deciding the residence of children, simply “dividing” them between the parents.

However, such decisions very often do not correspond to the real interests of children and can be reviewed on appeal.

Despite the formal equality of rights between men and women, the practice of considering cases in courts is such that, other things being equal, judges tend to decide the issue of the child’s residence in favor of the mother.

We will not evaluate how this practice complies with international standards, and will only state a fact: the mother always has an advantage regarding the residence of the child. A decision in favor of the father is made only in exceptional circumstances, when the mother cannot provide the child with a normal existence and comprehensive development.

Moment of divorce

Unfortunately, the number of divorces in the Russian Federation is growing every year. Statistics say that even a long, seemingly strong marriage is not immune from the danger of being destroyed. For those who have decided to end their marital relationship, it would be useful to find out in advance how the divorce procedure is regulated when spouses have small children.

If the family has children under the age of eighteen, then the parents can only divorce in court. Of course, the marriage will still be dissolved; no one can force spouses to live together if they don’t want to. In this case, the court rather plays the role of a supervisory body: children, due to their age, cannot independently defend their own interests, and therefore the judiciary takes on this function. The Civil Registry Office as an administrative body does not have these powers.

It should be noted right away that there are factors in which the Family Code of the Russian Federation allows divorce through the registry office, despite the presence of young children born in this marriage. These include circumstances when one of the spouses:

• declared incompetent;
• declared missing;
• sentenced to serve a sentence of more than three years.

Unilateral divorce

The life of each family develops differently, and the obstacles to divorce can arise in a variety of ways.

Reluctance of the second spouse

To enter into a marriage, the mutual consent of husband and wife is required, while for a divorce, the desire of one of them is sufficient.

The law limits the right to divorce for a man if his wife is pregnant or their common child is under one year old. However, a woman can initiate a divorce during this period if she wishes.

If the second spouse simply does not appear at the hearing and does not notify the court in any way about good reasons that prevented him, then the case will be considered without him (in absentia). However, if possible, it is better to try to convince your spouse to be present in court. The fact is that the defendant is given the opportunity to appeal the decision in absentia within seven days from the date of delivery of a copy of the court decision. And the defendant can receive this copy a month or two after the decision came into force. And then you may have to start all over again.

Objective circumstances

It often happens that by the time the marriage is formally dissolved, the spouses have not actually lived together for a long time, or even in different cities. Sometimes a defendant is prevented from appearing in court by illness or other circumstances. If the defendant agrees with all the plaintiff’s demands, he confirms this with a written statement that can be sent to both the plaintiff and the court.

Notification of the absence of one of the participants will allow the meeting not to be postponed

If he has a different opinion on any issues, then he needs to send to the court either a statement certified by a notary, or his representative with the right to represent his interests during the proceedings.

Thus, the court has the power to dissolve a marriage in the presence of only one of the spouses.

Trial

First of all, you need to understand which court you need to go to. The Magistrate's Court is authorized to consider the application for divorce and make a decision on it, but only if the spouses independently came to an agreement on all key issues before the hearing. If they have different views on who the child should live with, what amount of alimony should be established, etc., then the district court should consider the case.

Divorce proceedings are handled by courts of general jurisdiction

Geographically, the claim is filed at the place of residence of the defendant, that is, the second spouse. The plaintiff can also appeal in his own judicial district, but only for good reasons:

• a disease that does not allow long-distance travel must be documented;
• living with a young child - it is enough to note this in the text of the application.

Collection of documents

The main document in the divorce process is the statement of claim. The claim must briefly and accurately state the essence without using emotional and evaluative comments addressed to the defendant: when they got married, what circumstances prompted the divorce and formulate their demands in the claim.

The application must briefly and clearly formulate the circumstances of the divorce and your requirements.

This document must be accompanied by a marriage certificate, birth certificates of children and a receipt for payment of state duty. This is a basic list of documents that can be supplemented with other papers relevant to the case. Each document, including an application, must be accompanied by a copy (there is no need to certify copies, since the originals are considered in court).

Documents such as an agreement on the payment of alimony and division of property are desirable, but not required.

The alimony agreement has the same legal force as a writ of execution. The convenience of this document is that the parties can stipulate additional conditions. For example, provide for indexation of the amount paid, provision of reports on the expenditure of alimony, or the payment procedure (in a fixed amount or as a percentage of the payer’s income). This can also include the order of communication with the child of the parent who will live separately.

The terms of the agreement can be changed if the need arises over time.

The amount of alimony should not be less than the amount that the court would assign, but the agreement can stipulate compensation for additional expenses for treatment or education of the child.

The legislation allows you to replace the monthly payment of alimony with some alternative: a large lump sum payment or property transferred to the child using a deed of gift.

The division of property can also be done while the couple is still married. A separation agreement will help divorcing people save time and protect them from the possibility of unfounded claims. Particular attention should be paid to the subject of the agreement, that is, the actual list of things transferred to one or another party. If some property was given to one of the spouses before the agreement was signed, this also needs to be reflected in the document. It would be good if the procedure and terms for the transfer of property are clearly and unambiguously outlined. It is better to document the fact of transfer: re-registration of a car or apartment is easy to prove, but it is a completely different matter when smaller valuables, for example, jewelry, are transferred from hand to hand.

In judicial practice, there are cases when one of the former spouses demands the division of property that was sold long ago or otherwise lost, and the defendant cannot prove that at the time of the divorce he no longer possessed these values.

The parties sign on each page, after which the sheets must be stitched

It is worth noting that not only property can be divided, but also debts: loans, mortgages.

From 01/01/2017, the state fee for divorce proceedings is 650 rubles. and is paid by the plaintiff. If the plaintiff wants the defendant to reimburse costs, then this must be indicated in the application along with other requirements.

How long does it take to process a divorce case?

The first court hearing will be scheduled no earlier than 30 days from the date of filing the application. These are the procedural requirements. And the rest directly depends on how thoroughly the parties prepared for the process and whether they are peaceful towards each other. Ideally, you can end an unwanted relationship at the first meeting.

The process is delayed if the spouses cannot come to an agreement on any issues:

1. If one of the spouses does not agree to the divorce, the court, as a rule, postpones the consideration of the case to give the spouses a period for reconciliation (from one to three months).
2. Any newly stated demands or objections of the parties must be supported by documents or testimony of witnesses. The hearing may be adjourned several times to allow for additional evidence to be collected.
3. The court hearing is also postponed if one of the participants fails to appear.

The court decision comes into force 30 days after announcement. This period is set so that one of the participants who is dissatisfied with the outcome of the case can file an appeal.

How to speed up the divorce process

The divorce of a married couple with children is complicated by the consideration and settlement of additional circumstances. Based on this, two ways can be proposed to speed up the process, depending on the goal that the plaintiff sets for himself:

1. Get your divorce certificate as soon as possible. Let’s say the plaintiff wants to enter into a new marriage and, to do this, is in a hurry to officially end the previous relationship. In this case, you need to file a claim in the magistrate's court. Moreover, you only need to indicate one requirement - divorce. In the application, it must be noted that there are no disputes between the spouses regarding property and residence of children. Such a move does not threaten anything at all: if there are no disagreements at the moment, this does not mean that they cannot appear later, there will be no refusal to consider. And if the defendant makes any protests in court, it is necessary to ask the court to separate the controversial issues into separate proceedings.
2. Completely terminate all legal relations with the defendant. And in this case, you need to do exactly the opposite: prepare the most complete list of your requirements, collect all the necessary evidence to support your position. If the divorcees have normal, smooth relations, they are ready to cooperate at the pre-trial stage, it is necessary to prepare agreements on the division of property and the procedure for alimony and attach them to the application for divorce. Then, it is likely that the trial will end in just one hearing.

Pre-trial preparation saves significant time

Items purchased exclusively for children, as well as cash deposits opened in the name of minors, are not subject to division or compensation and are completely transferred to the parent who lives with the children.

Specific situations during divorce

Sometimes the divorce process is accompanied by unusual, rarely encountered circumstances, but judicial practice in divorce cases, unfortunately, is quite wide, and the legislation provides for a variety of options.

Foreign nationality

Article 160 of the RF IC states that divorce involving a foreign citizen or stateless person is subject to the general rules established in the country. A Russian court will accept a statement of claim, even if a citizen of the Russian Federation lives outside its borders. In addition, not only a Russian citizen, but also a foreign spouse living in the Russian Federation has the right to initiate a divorce.

Typically, such cases are considered with the participation of both spouses, but hearing the case in absentia is also possible, provided that the defendant was given the opportunity to protect his interests (he was sent a notice and other court documents).

In the same way, Russian legislation recognizes divorce carried out according to the laws of the state where the former spouses lived.

In recent years, very exotic examples have appeared: a marriage between a resident of Russia and a representative of one of the Muslim states, and the Russian citizen becomes the second wife. Since polygamy is prohibited in the Russian Federation, the marriage is registered in the groom’s country. However, it should be remembered that such a marriage will not be valid under the law of the Russian Federation, therefore, there is no talk of either divorce or the rights of the spouse.

Marriage contract

This document is not particularly popular in Russia, which is understandable: there is almost no point in concluding it. Any contract is a transaction between two parties, and the terms of the transaction must comply with the law. The Family Code recognizes the right to exist for a marriage contract (Article 42 of the RF IC). However, human imagination is limitless, and sometimes conditions are included in the marriage contract that grossly contradict the norms of family law. For example, a very popular clause is that the unfaithful spouse in a divorce loses a significant part of the joint property.

You can conclude a marriage contract at any time: before and after marriage registration

At the same time, judges of the Russian Federation, when considering a case, have the right to be guided not only by strict articles of the code, but also by personal convictions, logic and worldview. In other words, in most cases, a prenuptial agreement is very easy to challenge.

Psychiatric illnesses were mentioned above: as a rule, they entail loss of legal capacity, and the divorce procedure is greatly simplified. It should be noted here that the sick spouse is not deprived of parental rights, but may be limited in them, since he does not have the ability to make decisions, and sometimes can even be dangerous to others. Each such case is considered individually.

Physical illnesses are another matter. If a spouse deliberately concealed the presence of a serious sexually transmitted disease, this may serve as a reason not only for divorce, but even for annulment of the marriage. However, the parental rights of the spouse in this case remain inviolable. When determining the place of residence of children, the court will be guided by such arguments as the material security of the spouses, the availability of housing, lifestyle, etc. The fact of the disease itself does not play a role: the disease does not serve as proof of the immorality of the spouse and does not threaten others, because it is not transmitted through everyday contact . But a parent, say, with tuberculosis should not hope to live together with the child.

Remote divorce

Such a practice does not exist in its pure form. The plaintiff can file a statement of claim by mail (preferably by a valuable letter), indicating a request to consider the case in his absence. The defendant, in turn, may send to the court his representative or a written response to the claim. But if no one appears at the court hearing, the hearing will be postponed, and then the claim will be left without consideration.

But you can register a divorce, having a court decision in hand, and obtain a certificate through the State Services portal.

Not common children

If at the time of divorce the family is raising a child from a previous marriage, and the spouses do not have children together, then the divorce is carried out through the registry office. In such a situation, the judicial authorities do not need to interfere in the process: it is clear that the child remains to live with his natural parent, and the second spouse has neither rights nor obligations in relation to the child.

You can refuse to pay child support to an adopted child only by canceling the adoption

Adopted children have all family rights and are considered the common children of the spouses. It does not matter whether one of the spouses is a blood relative (when a husband or wife adopts their spouse’s child). Both - father and mother - have a full set of rights and responsibilities regarding the children they have adopted.

Video: features of the divorce process in the presence of young children

Divorce is always a difficult experience, but careful preparation and a reasonable approach to the matter will help you survive this difficult stage of life and avoid unwanted consequences.

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

Where should you go to file for divorce?

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

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

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

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

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

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

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

List of documents for divorce proceedings

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

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

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

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

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

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

Stages of the divorce process

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

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

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

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

Typically, the divorce process consists of the following stages:

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

Who will the children live with after the divorce?

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

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

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

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

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

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

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

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

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

Special cases of divorce proceedings

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

Divorce with a child under 1 year of age

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

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

Divorce if there is a child under 3 years old

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

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

Divorce with a disabled child

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

Divorce with two or three small children

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

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

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

Before dividing property, you need to pay off the mortgage debt.

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

• closing a mortgage loan;
• continuation of payments.

You can close your mortgage by repaying the loan in full or by selling the apartment.

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

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

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

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

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

Marriages do not always last happily ever after. Having decided to divorce, the question arises: how to get a divorce if there are minor children? If the spouses raised children under 18 years of age (both their own and adopted ones), then the divorce must go through a judicial procedure. This is the procedure prescribed in Russian family law, which outlines the grounds for action, restrictions and the mechanism itself within which the divorce is carried out.

Divorce proceedings with children have features related to their age, legal capacity, consent of the spouses regarding place of residence, meetings and other controversial issues. This article discusses both the general stages of the procedure and some exceptions.

The Family Code in this case protects the interests of young mothers. It is prohibited to dissolve a marriage unilaterally if the spouse is raising a baby or is pregnant. Article 17 states that the initiator of divorce must be a woman. Then the divorce process proceeds without any special complications with the consent of the husband.

If a child under one year old is not common, but the spouses agree to dissolve the marriage, or one of them is declared incompetent, missing, or sentenced to a term of more than 3 years, procedural rules come into force. To obtain a divorce, the mother of a child under one year of age must undergo the following procedure:

Step #1. Together with your husband, contact the authorized body of the registry office and submit an application in the form established by the Government of the Russian Federation. It is necessary to indicate information about the spouses, notify employees of the reasons for the divorce, attach information about the marriage, a note about the presence of children, sign and seal it.

To start the divorce process, you must contact the place of residence of one or both spouses, or the address where the union was originally registered.

To dissolve a marriage, you must submit an application

Step #2. Article 10 of Federal Law No. 143 obliges spouses to pay the fee and submit the corresponding payment document to the civil registry office along with an application, passport data and marriage certificate (TIN may be required - this should be clarified on the spot, as well as a medical certificate, guardian documents, copies of court documents decisions, housing office certificate about the actual place of stay, registration information, etc.). The fee already includes the cost of printing the original divorce documents, so no additional costs will be required.

The amount of payment for dissolution of marriage through the registry office is regulated by tax legislation and in 2018 it was set at 1,300 rubles (this is the total amount, since two spouses have an equal payment - 650 rubles each). It is worth noting that using the State Services portal you can save money, since you do not need to pay anything when submitting documents online. In some places it was mentioned that from 2018 the duty would increase to 30 thousand rubles, but this information has no basis, since the bill was not adopted.

The Tax Code indicates groups that are exempt from payments accompanying the divorce procedure. These include participants of the Second World War and citizens injured during the fighting who fell into the disabled category, heroes of the USSR, the Russian Federation and some others.

The registrar is obliged to divorce the spouses within a month from the date of filing the application. In this case, the presence of the applicant in the registry office is mandatory. At the same time, judicial issues relating to the child’s residence, the order of his maintenance, and meetings can be resolved. However, the proceedings in this case do not become a factor that can interfere with the process.

The divorce itself and the agreements accompanying it are the spheres of influence of various government bodies.

Thus, divorce through the registry office is the simplest and fastest procedure without litigation, which includes three stages: collecting information, submitting an application and receiving a certificate of divorce a month later. However, it is applied only in exceptional cases.

When the spouse cannot personally attend the receipt of the document, the signature on the application must be notarized. The other spouse will also be able to receive a document certifying the termination of the marriage relationship. These points should be clarified directly with government agency employees so as not to delay the process.

How does the divorce process work when there are minor children under 3 years old?

When the baby turns one year old, the father also has the right to initiate a divorce, just like the mother. It must be done through the court. The nuance is that the baby’s mother is legally on maternity leave, and during this period the husband is the sole breadwinner in the family, obliging to support both. Divorce entails the appointment of terms and amounts of alimony payments for all family members until the child reaches 3 years of age.

Divorce from the mother of a group 1 disabled child entails the payment of alimony for both until the age of 18, if the mother is the sole guardian.

The question often arises whether the number of children affects the course of the trial. In this case, the difference is only in the amount of alimony.

Table 1. Alimony, depending on the number of children

When a parent is considered low-income, the amount of child support is reduced. If you have irregular earnings, you can agree on the final amount that needs to be transferred to the child(ren).

What you need to provide for a divorce in court

Divorce cases are governed by the rules of civil procedure, according to which, after submitting all documents, including payment information about the fee, the claim is sent to the magistrate or district court.

Spouses turn to the world court when they agree to divorce if they have children under 18 years of age and independently come to an agreement on the division of property worth up to 50 thousand rubles. When one of the spouses is not ready for a divorce, in this case it is also possible to apply for the protection of rights in the magistrate's court. First of all, the authorized body will resolve issues related to the interests of a minor citizen - where he will live, how to live, etc.

If it was not possible to reach a decision regarding minor common or jointly adopted children that suits both the husband and wife, and it also remains unclear how the division of property worth over 50 thousand rubles will be carried out, the issue should be considered in the district court.

After determining the place of the court hearing, various information is sent there: documents for the children, agreement on maintenance, residence and format of communication with them (if any). An inventory of property acquired jointly during the marriage may also be necessary.

Regardless of the circumstances, the package of documents is submitted at the place of residence of the defendant or plaintiff.

In general, you need to check for copies:

1. Divorce initiator's passports.
2. Marriage document.
3. Documents certifying the birth (for each child under 14 years old, for children older and under 18 years old - copies of the passport) and birth certificates.
4. Certificates of income when it is necessary to determine the mechanism and amount of alimony payments.
5. Payment document (in case of a dispute about property, an additional payment receipt is required).
6. Notarized consent of the spouses for divorce (if required) and other papers referred to by the plaintiff to justify his decisions in court.

When drawing up the document, you must indicate the exact name of the body that will consider the case. If you have minor children, it is advisable to provide complete information about the spouses (passport details, registration, actual location, contacts), and also indicate:

1. Data from the marriage certificate.
2. Grounds for termination of a marriage.
3. Availability of agreement on various issues (divorce itself, children, property). If these have not been achieved, no mark is placed. In this case, you can briefly indicate the essence of the material or other claim against the spouse.
4. Surnames of spouses after divorce.

The claim contains a list of attachments, date and signature of the applicant. As a rule, it is prepared in several copies so that they can be sent to all citizens participating in the process.

In our article, we will look at how to fill out an application for divorce accurately and where to submit it.

Sometimes the question arises whether it is worth specifying other requirements accompanying the divorce process. According to Article 151 of the Code of Civil Procedure, the defendant can answer several questions in the courtroom, exercising his rights to indicate the child’s place of residence, collect alimony, create separate lists of property if there are jointly owned real estate, transport, etc. At the same time, lawyers strongly do not recommend doing this, so as not to delay the process. It is easier to file separate claims, then in the process of reviewing information about the spouses it is already possible to make some “progress” - for example, to collect alimony.

Video - What documents are needed for divorce

What awaits the couple during court hearings?

Further, as in the case of other legal proceedings, the claim is submitted for consideration, after which a decision is made within 5 days whether to proceed with the specified case. If the court is ready to consider the arguments of the spouses, a date is set for the preliminary hearing, the main hearing is held (including with the participation of the guardianship and trusteeship authorities, who are familiar with the situation in the family and can confirm it with documents) and in the end, a final verdict is made.

Before the first hearing, the plaintiff and defendant receive summonses by mail.

The process of the main meeting can be divided into several stages:

1. The composition of the court, the rights and obligations of the parties and other general aspects of the meeting are announced.
2. The position of the plaintiff is clarified (including, he can briefly read out his claim).
3. The main part of the court hearing is the debate, the opinions of the parties, evidence, and testimony.
4. Pause to make a decision. Announcement of the court's opinion on divorce proceedings and related issues.

After submitting the application, at least a month must pass - this period is given to the spouses by the Family Code to resolve all issues. If mutual agreement is reached in court, then the trial ends - after 30 days, the government agency employee sends a copy of the case to the registry office and the decision comes into legal force. Otherwise, the duration of the proceedings may increase slightly.

The period for appealing the court decision is 10 days. If government agencies have not received a refutation, it is considered that the spouses agree with it and the relevant information is the basis for transferring the results of the case to the registry office.

Who do the children stay with?

During the main meeting, it is clarified whether the spouses have agreed to an amicable settlement regarding the children, if such an agreement is not observed. To make a decision, the judge considers:

1. Material status, conditions for study, life and upbringing of each party.
2. Attitude towards the child during life together, absence of abuse and manipulation.
3. Characteristics, data on administrative and criminal offenses, testimony of witnesses.
4. The child’s desire to remain with a specific parent if he is 10 years old at the time of the court hearing.

The main controversial points that need to be clearly defined:

• place of residence of minor children;
• the nature and frequency of meetings between the other parent and the child(ren).

If there is an acute conflict between spouses, the court can schedule meetings literally by the hour, their number per week/month. It must be covered on whose territory the children and one of the spouses will communicate, whether the presence of any relatives will be needed, etc.

After the court makes a decision regarding the residence of the children and communication with them, the spouses can also draw up their own agreement, have it notarized and provide custody to avoid misunderstandings. Further, the court decision is implemented on a voluntary and peaceful basis, or forcibly, when one of the parents prevents the transfer of the child to the other party. In the latter case, a fine may be imposed on the parent after submitting a writ of execution and establishing the fact of violations.

What parents need to know

There is an opinion that it is difficult for a father to keep his child after a divorce. This opinion is supported by the practice of the courts, when in 8 out of 10 cases the claim is satisfied in favor of the mother.

Of course, there are cases when the court's decision will almost always be on the side of the woman. The main factors are the child’s young age (up to 5-6 years old - older children may well end up living permanently with their father), disability and the need for care. If the mother does not demonstrate antisocial behavior, is mentally healthy and is ready for a healthy compromise with the father, the chances that the court will lean in her favor are very high.

The most problematic is the situation of choice when the child has reached the age of 10 and can make his own decisions, but both parents demonstrate favorable characteristics and conditions for living, activities, etc. Then the court has the right to take into account the child’s attachment to the spouses by ordering a psychological examination.

If the husband threatens to take the child away during a divorce, the wife needs to take more thorough preparation for the court hearing in advance. The court must be convinced by preparing the following information:

• about a suitable place of residence for the child;
• about the possibility of providing it by providing income certificates.

You also need to do the following:

1. Collect characteristics from work, from public organizations where she is involved as an employee or volunteer.
2. Make sure that there are organizations/persons that can help in raising a child (after-school care, the presence of grandparents, nannies, sisters and brothers).
3. Have a confidential conversation with your child.
4. Collect incriminating evidence that is not in favor of the father (alcohol addiction, reluctance to work, etc.).

This information can also be described in the statement of claim. It concerns both the mother and the father, who, for objective reasons, strives to raise the child alone. The court will take into account all objective factors: financial stability, psychological and age characteristics, desire to be in contact with the child, to engage with him. It is possible to clearly judge which side the court will take only if there are serious difficulties that prevent communication with your daughter or son.

After a divorce, the child's last name remains the same. In order to change this, either mutual consent of the parents will be required, or challenging paternity and depriving the second spouse of parental rights.

When two children who have reached the age of 10 have different views on who they want to stay with, the court has the right to separate them, if this order does not violate the rights of minors. At the same time, communication and mutual alimony obligations do not stop.

Example. After the divorce, two children remained with their mother, and one with their father. A third of the income will be written off from the father in favor of the mother, unless other agreements are reached. In this case, the mother also becomes the payer of alimony for the third child.

The issue of alimony does not have to be resolved through the court. Within the framework of family law, spouses have the right to come to an agreement regarding payments for each child, the scheme and procedure for deductions. But at the same time, you cannot spend less on the maintenance of children than stated in Article 81 (these data were indicated above). In general, it is better to discuss all controversial issues before filing a claim in order to reduce time for meaningless debates and not to injure children if they are present in the courtroom.

The price of divorce - what and how much

When divorcing with children, you need to remember that you will have to spend money on divorce procedures. The amount of the state fee when considering a case in court also depends on the property that was acquired during the marriage and is subject to division. If the spouses are facing litigation regarding disputed property, its value is indicated in the column called “price of the claim.”

In general, spouses pay 650 rubles each, twice – for the consideration of the case in court and for obtaining a divorce certificate. But if they have property in dispute, the plaintiff also pays a percentage of its value.

The plaintiff can pay everything himself and later demand compensation from the defendant for part of the fee. He can also pay the duty as a percentage of the property that directly belongs to him. The other part in this case is recovered from the defendant in court.

The minimum amount is 400 rubles and is determined if there is joint property up to 20 thousand rubles inclusive. Thus, duties for each person start from 200 rubles. Interest is calculated if the total property of the spouses is more than 20 thousand rubles, and is added to the minimum rate.

Table 2. Amounts of state duty

In general, all fees for divorce proceedings are summed up. For example, my wife wanted to return her maiden name - it will cost her 1,600 rubles.

When property is divided in the presence of a notary, additional fees for his services are paid: for property worth no more than a million rubles inclusive - half a percent of the value, for other amounts up to 10 million inclusive - 0.3%, for property disputes exceeding the 10 mark million rubles, the rate is 0.15%.

From the above it follows that the lack of an agreement can hit the pockets of a married couple with children together. And in this case, you should think about the appropriateness of these disputes.

Payment details should be requested from the judicial authority where you plan to submit the package of documents - they can be clarified in person or on the official website. The fee is paid at bank branches and through terminals, at post offices. You should not use Internet banking services for payments, since in the future you will need the original with a “living seal”.

In the final payment document, you need to check the presence of the payer’s details (passport, SNILS), information about the recipient of the fee with bank data, the amount of the payment, its purpose and date.

Deadline for reconciliation

If there is hope for saving the family, when there are only emotional factors, but not objective factors that impede normal cohabitation, the judge reserves the right to defer. Usually it is used when there is disagreement of one of the parties, and at this stage it is necessary to study in detail all the circumstances of family life, find out the true reasons, motives and complaints of the parties, take into account the interests of the children and draw a conclusion about the advisability of divorce.

The judge sets the term independently, but it cannot last more than 3 months. There are cases when such delays arise more than once during the legal proceedings of the spouses.

If a husband and wife have been living separately for a long time, and the applicant provides information about this, or they file a petition to reduce the period of reconciliation (it does not matter whether the document is drawn up jointly or separately), the judge considers terminating the procedure.

Despite the absence of an agreement between the spouses, they will be divorced in 3 months in court if one of them insists on it. The only exception is the case of no-show, when the following situations may arise:

1. No one came to the courtroom - the consideration of the claim was cancelled.
2. One of the spouses ignored the meeting, despite the fact that he received all the necessary information in full. If the court does not have a statement from the evading spouse, which indicates that the hearing can be held without his participation, the hearing is postponed, or a decision is made to hold it in the presence of the other spouse. The maximum number of absences is 2. The same rule applies in the absence of the consent of the husband or wife, who deliberately ignore court hearings - after six months (taking into account the period for reconciliation), the divorce will still take place.

If the spouse is declared mentally ill

The group of incompetents includes a spouse who has a functional mental disorder and, in this regard, is not aware of his actions and cannot be guided by common sense when negotiating. The marriage with him is dissolved unilaterally. Neither the presence of children nor the consent of the incapacitated husband or wife plays a role. The divorce procedure also includes collecting documents, paying a fee (depending on the form of filing information - directly or online), signing an application, preliminary work by the registrar with the received package and the final stage, when the divorce is officially confirmed by a certificate.

Documents for a divorce from an incapacitated spouse are studied by the Civil Registry Office staff within 3 days. Next, they are obliged to notify his guardian, or representatives of the guardianship and trusteeship authorities (if the spouse is under treatment) that on a specific date the marriage agreement will become invalid. It cannot occur earlier than 30 days from the date of submission of the application. The presence of the divorce initiator is mandatory.

To terminate a marriage relationship in this case, you will need the same documents as in the case of mutual consent of the spouses when they are the parents of a baby under one year old, with the exception of a court decision, which must confirm the impossibility of living with a specific citizen in a legal union.

The state fee for severing a marital relationship with an incapacitated husband or wife is 350 rubles.

The guardian, in turn, has the authority to act on behalf of the unhealthy spouse in relation to the following points:

• disputes over division of property;
• payments for children and the procedure for communicating with them, etc.

To resolve these issues, the guardian and the capable spouse go to court, but they cannot delay the deadline for the divorce and within a month the registrar is obliged to dissolve the marriage. In this respect, the procedure is similar to the scheme in which both spouses are capable and do not interfere with each other.

The marriage must be dissolved within 30 days

Distance is not a barrier to divorce

If one of the spouses decides to take the child and move and, while in a new place, announces a divorce, there are some features in preparing documents. When it is not possible to personally come to the previous place of residence for the trial, he sends certified copies and the original receipt for payment of the state duty. If attendance at the hearing is postponed, but not permanently (there is a specific date when the plaintiff can come to the previous place of residence and attest to the original documents and his identity), the court may accept copies and certify them later in the presence of the plaintiff.

If the spouse took the child, moved to another city and took the original divorce certificate with him, this will not prevent him from filing a claim in court. It is enough to obtain a duplicate from the registry office and start the divorce process. The address where the defendant currently lives must be indicated in the claim. This will be the address where the necessary documents will be sent.

Earlier it was said about the period of imprisonment under which a divorce is carried out through the registry office according to a simplified scheme - such a procedure is possible if the spouse has to serve a sentence of no more than 3 years. If one of the parents was sentenced to a shorter sentence, you need to file a lawsuit in court on a general basis. The place of residence is marked with the last actual address of residence of the prisoner. The claim also contains information about the reasons for the punishment, duration, place of stay, etc.

The claim was not accepted - what to do?

Within 5 days, the judge makes a decision on the claim - to proceed, or to leave it without motion and return it back. If government agencies decide that the process needs clarification, the plaintiff is given the opportunity to make changes to the statement of claim within 5-10 days, or correct the list of documents, achieving the established procedure.

Typically, judges describe the comments in sufficient detail, and by carefully reading the document (it is served in person or by mail along with the claim and the package provided), you can quickly prepare a claim and resubmit it along with an application to correct deficiencies. If questions arise, either the judge himself or his assistant can answer them - to do this, you should call the reception and set up a consultation time. You can also go directly to the court.

If the plaintiff leaves the court’s comments unattended, the received application will be returned as part of the appropriate official decision.

Also, in some cases, the court will not consider the claim for compliance, but will immediately send it back when:

1. There is no signature on the form, or the claim was signed by a person who does not have a power of attorney (it is not attached to the package).
2. The court is already considering a similar case and there is no opportunity to consider the petition twice.
3. An incapacitated person submits an application - in this case, the document must be signed not by him, but by the current guardian.
4. The case is not within the jurisdiction of a specific government body (both in terms of powers and because of territorial distance).

It must be understood that the return of the claim does not mean that further progress in the case is impossible. It is only necessary to meet a number of conditions.

Let's sum it up

When it comes to divorce with minor children, you should remember not only the maintenance of the child, but also the protection of his financial interests in general. Spouses may have jointly acquired property, and the divorce process itself can drag on for months. Therefore, you should carefully consider the transactions, the dates of transactions that will be carried out with jointly acquired objects and remember that the moment of divorce is considered to be the mark of divorce in the registry office, or its determination in court. Regarding the division of previously acquired property, you need to have time to resolve all controversial issues within 3 years after the divorce. However, from the moment of dissolution of the marriage union, the property of the spouses will no longer be common and consent to the acquisition of certain objects (apartments, cars, shares, valuable jewelry, etc.) will not be required.

In general, the divorce procedure is not that complicated (in the absence of fundamental and difficult to resolve issues). Even a non-professional can prepare documents and take part in court hearings. It is important to maintain a positive perception of children and thoroughly prepare for the hearing. Then the process will be painless and as efficient as possible for all parties.