Divorce is an unpleasant and most often painful procedure. Especially in this situation, children suffer. Adults or just kids - they are equally worried about the separation of their parents. It is very difficult for a small person to explain that his guilt is not here. It happens that love passes. Or one of the parents becomes unbearable for the other. For children, mom and dad will forever remain ideals. With them, the child will always take an example. So it’s worth keeping a “face” even when cats are scratching their hearts very badly .
When marriage breaks at the seams
With a divorce in children, not only the psyche breaks down (especially if the child has already reached the puberty period), but also the idea of the surrounding world in general and the institution of the family in particular. So, before making such a decision, it’s worth thinking and weighing the pros and cons many times. If life with a former partner is more or less possible, then it’s worth trying to align relations and reach some kind of compromise, if only for the sake of children. After all, it’s not their fault that dad and mom drifted apart and no longer speak the same language.
Today, most psychologists advise on family and marriage issues. A competent specialist can smooth out the conflict and establish bridges of communication between spouses. The only thing worth paying attention to is whether the psychologist himself was in a similar situation. After all, the easiest way to give advice from the outside. Recall that the best advice on raising children is given by those who do not.
An alternative is "walking around the headstock." Sorcerers, fortune-tellers and other clairvoyants act in the same scenario - they are excellent psychologists. They quickly grasp what the subconscious of the person who comes to them wants and say what the client wants to hear. If the method is effective and the marriage is saved, then this is only better for the family.
If it is impossible to continue life within the framework of an established union, then the procedure for divorce in the presence of minor children will be observed as follows.
Where to go for a divorce
When there are no children in the marriage or they have grown up and live an independent life, then the divorce takes place through the registry office. In some cases (when dividing property, for example) through a court. Problems arise if there are underage children in the union.
If there are minors in the family, divorce occurs only through the court. Even if the couple settled all the main points (alimony, division of property, accommodation of the kids, meeting them), divorce in the presence of minor children is carried out only in court. The latter is determined according to the location of the defendant. Suppose the defendant is from Samara, but lives in Volgograd. The statement of claim should be submitted to the world judicial section of the city of Volgograd.
What to write in a statement
In the application for divorce if there are minor children (a sample application is presented below), in addition to the basic information (date of marriage registration, from what time the farm is not kept together and the reasons for the divorce (often the reason is not indicated, it simply states that the joint life is not further possible)), the number of children is indicated. The main point is who the child is staying with, how they will meet with him, the amount or consent to pay child support.
The last very painful moment for both sides. Indeed, if before the trial between the spouses no agreement is reached or an agreement is reached on the payment of alimony, the court will decide on its own.
Alimony. Which to choose?
The Family Code offers two forms of “children's money”: shared and in hard cash. What's the Difference? In the earnings of the parent who left the family.
If he has a steady, stable income, you can apply for equity. Depending on the number of children, the court will give an obligation to pay 1/4, 2/3 or 1/2 of official earnings.
But if a parent changes jobs at an enviable frequency, has a passion for gambling, earns money in kind, in foreign currency, does not want to work at all, or does it unofficially, more profitably and more reliably - a fixed amount of child support. For what? In order to know: no matter what happens to the material side of your former soulmate, she will be forced to make a mandatory payment.
In other words, if the divorce in the presence of underage children occurs in court, where the court appoints the defendant monthly alimony in a fixed financial amount, say 15,000 rubles, then “go naked, chew the chew”, but give the child the last piece.
How will we share?
The next pressing issue: the amount of alimony. If everything is clear with shares (the size depends on earnings), then here is a little more complicated. And I want to “profit”, and stay with nothing - the prospect is not happy. Life shows that the avaricious pays twice, which means you should not be greedy. If you are sure that the “expelled” parent of the stars from the sky is not enough, then you should not ask the court to assign him an alimony payment of 50,000 rubles, when the maximum that he can earn is 20 with a penny, half of which, and then more, will go to household needs.
It is necessary to request proportionally, so as not to offend the child, and not to let the grief-parent in the world. Otherwise, divorce in the presence of minor children will occur completely under the control of the court. And the size of the alimony will be determined by the judge, according to his conclusions.
Divorce in the presence of minor children. Documents
The following documents must be collected:
- the statement itself in triplicate (court, defendant and plaintiff);
- paid state. duty (original receipt);
- birth certificates of children (copies), the original is provided to the judge during the trial;
- marriage registration certificate (copy and original).
Further, the court will invite to the process a subpoena, which will indicate the time, place and judge.
Waiting time
The process of divorce in the presence of minor children may itself be delayed in time if the defendant is not notified or the subpoena reaches him, but he decides not to appear in court. In addition, the Family Code gives the judge the right to appoint time for the spouses to reconcile (from one to three months). But even if all the stages are completed, then after the judge decides to terminate the marriage, the parties will have another month to appeal it. So if you suddenly wanted to get a divorce, it won’t work out quickly. Dates of divorce in the presence of minor children can stretch from one to five months. Naturally, all this is considered within the framework of an alliance with minor children.
What will the court decide?
One way or another, divorce in the presence of underage children will occur - this is only a matter of time. Even if one of the parties is very opposed, she will not be able to influence the outcome. The only right option is to gather the will into a fist and come out with the least losses for yourself and your child.
If for some reason the court decision is not clear, then within five days you can request a motivation part, which will describe in detail why the judge made this or that decision.
Divorce in the presence of minor children (a sample court decision is given below) does not always end in disrepair. It often happens that the spouse divorced, but continues to live in the same family, in the same territory as before.
Instead of a conclusion
Summarizing all of the above, we can say that the divorce procedure is costly not only materially, but also emotionally. The division of property may not show the best of both partners, reveal their true nature. So you should get a divorce with a cold head and self-esteem.
And it’s better to try to avoid family breakup altogether. In the end, the child for his normal development, for the formation of personality needs mom and dad nearby, and not separately!