Not all people can live together all their lives. What attracted the partner at the beginning of the relationship begins to annoy, depression and aggression appear. As a result, many families break up, undergoing a rather unpleasant divorce procedure. If both spouses retained respect for each other, then most often the dissolution of the marriage is carried out quite quickly and without unnecessary proceedings. However, everyone knows that the matter is greatly complicated if the family has small children. What about divorce during pregnancy? How to act in this situation, through what judicial procedures do spouses need to go through to part according to the law?
Legal aspect
According to the Family Code of the Russian Federation, divorce is carried out either in court or in the registry office, in which the marriage was concluded. In the latter case, divorce is allowed in several situations:
- when both spouses want to break up;
- if the husband and wife have no children;
- when the spouses do not have financial claims against each other and do not need a forced division of property.
In all other cases, couples must go to court. Even if the spouses have a child, but they have resolved all the issues amicably, the amount of alimony must be assigned in court. Divorce during pregnancy in this case is also no exception. After all, the child already exists, and the fact that he has not yet been born does not change the situation.
Nevertheless, we consider in more detail all the plots.
Husband-initiated pregnancy divorce
A spouse may initiate a divorce and file a lawsuit with the court. However, in this case, it is necessary to obtain the consent of the wife. As soon as the couple comes to a common decision, they submit applications and await the scheduled trial.
During the review process, the spouse will be asked if she wants to part with her husband. If she changes her mind right in the meeting room, then the consideration of divorce during pregnancy will be suspended. In this case, the judge may refuse to reopen the case until the child is 12 months old.
Can a husband divorce a pregnant wife without her consent
By law, a spouse cannot initiate a divorce while the other half is in an interesting position. Of course, he can submit the appropriate application, which the employees of the institution are required to accept. However, at the very first appeal of his wife or at the trial itself, he will surely be refused. As soon as the spouse provides the court with irrefutable evidence of her pregnancy, a decision in 100% of cases will be made in her favor.
This practice exists in order to protect women in a difficult position from additional nervous shocks. In addition, there are frequent cases when, after the birth of a child, the husband changed his attitude and remained to live with his soul mate.
Wife-initiated divorce
If the spouse believes that it is better for her to bear the child away from her husband, then in this case the court will also meet the woman. The wife has the legal right to file a divorce during pregnancy unilaterally. The consent of the husband is not required.
If the spouse is categorically against divorce, then he can go to court and try to challenge the wife’s lawsuit, however, the maximum time given to a couple to make a final decision is usually no more than 2-3 months. If the woman is in an interesting position and demands to terminate the marriage, then in 99% of cases, divorce during pregnancy at the initiative of the wife is carried out immediately.
In some cases, the judge decides to give the spouses a month to think if he sees that the woman wants to get a divorce under the influence of a nervous condition and hormonal failure. But if the woman was abused, or the spouse admitted that the child is from another person, then the divorce is carried out immediately.
Required documents
To file for divorce during pregnancy (when both spouses agree), it is necessary to prepare a package of documents. In addition to the statement itself, you will need:
- copies of passports;
- a certificate from the hospital confirming pregnancy;
- documents that were issued to spouses upon registration of marriage;
- payment of state fees (about 700 rubles);
- certificates confirming the financial situation of the spouses.
If necessary, the court may request other documents. It all depends on the specific situation.
Payment of alimony after a divorce
According to the law, a pregnant woman after a divorce has the same rights as an ex-wife with a child. Accordingly, she should receive alimony from her spouse for all 9 months and another 18 years after the baby is born.
However, very often the process of determining the amount that the ex-husband must pay to the former half is delayed. As a rule, after a divorce during pregnancy, the wife goes to 3 years, while the court determines the solvency of the man. However, this does not mean that the spouse will not have to pay the full amount starting from the date of the official divorce.
Most often, the process of accruing child support is delayed due to the fact that husbands refuse to provide for ex-wives and unborn children. In this case, the most rational decision for a woman will be to file a petition for the establishment of paternity in a judicial proceeding. If it turns out that the former spouse is really the father of the child, then he will have no other arguments for refusing to pay.
Men should take note of one important nuance. If the husband simply divorces his wife by mutual consent (not by pregnancy), and within 300 days from the date of divorce, the woman gives birth to a child, then the former husband will automatically be the father in court. Accordingly, the same legal obligations (alimony) may be imposed on it. That is why lawyers do not recommend entering into a love relationship with their former partners after a divorce.
The hardest part in a divorce process is to survive it. The hardest thing to deal with such a shock is a woman who is expecting a baby. In this case, psychologists strongly recommend visiting not only lawyers, but also specialists who will help to cope with the moral aspect of divorce.