If the spouses have children under the age of three, the divorce procedure becomes much more difficult for them. The difficulty lies in the fact that in such circumstances all legal issues are resolved exclusively through the judiciary, and the proceedings themselves require the collection of a large number of documents.
How can a divorce be filed with a child under one year old and what difficulties do applicants expect? We will talk about all this below.
Features of the procedure
Divorce is never without reason, but when there is a child in the family, they must be very significant. If there is a mutual desire to leave, no problems will arise, but even in this situation, a claim must be submitted to the authorized bodies, and the decision will be made by the judge.
Divorcing a child up to a year is a responsible matter, since the separation concerns not only adults, but also the little man whose interests must be protected in the first place. The court should decide on the material support of the baby, as well as his mother, who, for obvious reasons, will not be able to go to work and provide for herself for several years.
In addition, when divorcing through a court of law with a child up to a year old, guardianship authorities may take part in the proceedings. Their task is to monitor the observance of the interests of the child, his rights should not be infringed. This concept includes the property, financial and moral aspect. The latter includes the participation of both parents in the life of the baby.
Divorce Initiator
The reality is that even couples who have a very young child are applying for divorce. In this case, the current Family Code of the Russian Federation protects the rights of the baby.
A statement of claim to the authorized bodies for a divorce from a child up to one year old can be filed and considered only in a few cases:
- The desire of a woman to divorce her husband, regardless of whether he wants it or not.
- A man’s intention to break up is possible only if the wife agrees to this.
- Mutual decision of the spouses to divorce.
But is there a man in this situation the right to choose? What if he plans to file for divorce from his wife, child, year, and the spouse is categorically against this? The family code in this situation provides the head of the family with this opportunity. If he waited for the moment when the baby was one year old, then he will be able to submit an application for consideration.
Spouse's rights to divorce if there is a child under three years old
The Family Code states that a man has the right to divorce his wife on his own initiative, but only after the child reaches the age of one. To do this, you must write a lawsuit. It will be examined carefully.
The standard procedure for divorcing a child up to a year through the registry office is not possible. Moreover, it is impossible to disperse through the registry office, even if the child is older than this age, or rather, before his coming of age. The reason is that this dissolution of marriage ties is accompanied by the settlement of many legal issues regarding children: child support payments, the appointment of a guardian, and more.
The procedure for divorcing a child up to a year through the judiciary is very strict, former lovers will need to collect a huge amount of documents. And if both parties claim custody, the process can drag on for months.
Exceptions
But there are exceptions in the Family Code when a divorce in the presence of a child up to a year is easily and quickly formalized. These situations include:
- The incapacity of one of the parties, which was previously unknown.
- The detention of the second spouse for a period of more than three years.
These are pretty good reasons why divorce is allowed unilaterally. Moreover, the procedure can be carried out through the registry office.
Where to apply
As noted above, an application for divorce in the presence of a child under one year of age is submitted to the judiciary. This applies even to those couples who made a mutual decision, since the process involves a large number of legal issues. Currently regulated by article 21 of the Family Code.
If the child is one and a half years old, can a divorce be filed? Theoretically, yes, the main thing is that the rules are followed. For the trial, the spouses will need to collect a lot of documents, the main one is the statement of claim. It may be drawn up on behalf of both spouses or one of them. The passport data of the applicants, the reason for the dissolution of the marriage and the data of the child or children (if there are several) are indicated in the text. And also in the document it is required to indicate the date when the union was issued, and the consent of the other party to the divorce.
The application must be submitted to the judicial authorities at the place of residence of one of the spouses. Along with this paper, you will need to provide a number of important documents.
List of documents required for divorce
For consideration in a court of divorce from a child up to a year, the following papers will be required:
- Union Registration Certificate (original).
- Birth certificate of a child.
- Identity cards of both spouses.
- Prenuptial agreement (if exists).
- Receipt of payment of state duty.
- Extract from the home register at the place of registration of the spouses.
- Certificate of income from each applicant.
- A document confirming consent to the divorce of the second party.
Additional certificates may be attached to the package of binding documents, which caused the initiation of the divorce proceedings. For example, it can be documents confirming the legally incapable spouse, a certificate of imprisonment, etc. All additional papers are taken into account and may affect the court decision.
The role of guardianship in litigation
Quite often, guardianship authorities take an active part in the divorce proceedings. If a case of divorce with children under one year is considered, the termination procedure is controlled by the authorized bodies. In accordance with article 66 of the Family Code, the board of trustees has the right to intervene when parental qualities are in doubt. For example, if a couple cannot independently decide who will become the guardian of the baby, then it is necessary to contact the board of trustees or guardianship authorities.
Often a situation arises when, in the process of divorce, one of the spouses tries to achieve the abolition of the parental rights of the other party. In this case, the guardianship or guardianship authorities also take part in the proceedings. They evaluate the situation and decide who the baby will be with.
Content Obligations
If the court approved the divorce from the husband and the child is 1 year old, then the ex-spouse has the right to apply for child support not only for the baby, but also for herself. For crumbs, constant care and control is required, respectively, mother cannot go to work and provide for herself. It is for this reason that the ex-husband is obliged to fully provide for the mother and child until the latter is three years old.
In case of refusal of the man from the corresponding payment, the procedure for their calculation is decided by the judicial authorities. If the former spouses resolved material problems amicably, then you can do without involving the authorized bodies. It is enough to conclude an appropriate agreement where all conditions will be spelled out.
Important! This contract will have legal force only if it has been notarized.
State duty for divorce
In recent years, people often talk about increasing the size of state duties, which must be paid when registering a divorce. Lawyers believe that if the amount is increased, for example, to 30 thousand, it will greatly affect the statistics of divorce. But so far, things have not gone further than discussions.
Now, according to the current legislation, the amount of state duty is much less. In order to file for divorce, each spouse must pay 650 rubles. If there are property disputes, the amount may change for the better. You can pay a receipt at any bank, you just need to know the details of the district branch of the court. The receipt must be retained and submitted along with the package of required documents. In the absence of a receipt, paper will not be accepted.
Possible problems
If the presented evidence of the husband’s intolerant behavior does not convince the judge of the impossibility of living together in the same territory or the spouse is categorically against divorce, the decision may be delayed for three months.
In order to avoid child support payments to his wife and child, the ex-husband may attempt to denigrate the woman. This is done in order to deprive her of parental rights.
The judge may doubt the authenticity of the evidence provided or with an experienced eye that they are fraudulent and order an examination. Decision-making in this case is postponed, and payment for expert services rests on the shoulders of the dishonest side.
Features of a divorce from a foreign husband
If the spouse is a citizen of another state, then divorcing a baby up to a year is also quite possible. According to the law, in this case, the statement of claim proceedings are opened at the defendant's place of residence. But what if he is a citizen of another state? Need to go to another country to apply and get a divorce? Not.
The plaintiff, who is a resident of the Russian Federation, has the right to apply for divorce at her place of residence. In the text of the statement of claim, Russia is indicated as the last known address of the husband. In this case, the consideration of the case will be carried out under Russian law in a local court.
The Code of Civil Procedure reads: a divorce proceedings involving a foreigner may be considered by a Russian court in two cases:
- One of the spouses is a citizen of the Russian Federation.
- The complainant's place of residence is the Russian Federation.
Nobody will allow a foreigner to pick up a baby who is a resident of the Russian Federation in infancy and cross a border with him. The state takes care of its citizens and protects their interests: the child has the right to grow and be brought up where he was born.
Rights and obligations of the party without a child
Anyone who, after the divorce proceedings, lives separately from the baby, is required to support him, as well as fully provide the second parent who provides care until the child reaches the age of three. But obligations are not limited only to material content.
For a harmonious and happy development, a child needs to know and communicate with the closest people - with mom and dad. Therefore, one who does not live with him permanently is obliged to take care and take an active part in education. In addition, the incoming parent is recommended to participate in the formation of the psychological and physical state, to help the guardian so that the baby will receive a good education in the future. The latter is impossible without visiting circles, sections, special classes, to which the one who does not live with him can just take the child. This will be a huge contribution to his future.
Unfortunately, there are a number of rights that are often infringed upon by the designated guardian, for example:
- Concealment of information about health, assessments, behavior and other problems.
- Export of a child outside the state.
- Change of surname.
- The ban on communication and personal meetings. If the guardian does not allow this, then an application should be submitted to the court, where a meeting schedule will be drawn up.
- Prohibition of interference with upbringing and upkeep.
When divorcing, spouses are obliged to remember that they are parting with each other, but the child for both of them remains forever family.