Dissolving an unmarried marriage is not always as easy as we would like. Especially difficult is the divorce procedure in the presence of minor children. We will consider its nuances and features below.
Where to turn to divorce
The first, and perhaps one of the most important issues that worries spouses who have decided to break off their official connection is what government agencies can help fulfill their plan. The rights to such actions have three corresponding structures:
- Magistrate's Court.
- District Court.
- REGISTRY OFFICE.
The catch is that contacting any of the above authorities will fail. Each organization is engaged in the consideration of certain cases, so the choice of state structure should depend on the prevailing circumstances and the nature of the relationship between spouses.
Divorce through a magistrate's court
The simplest option for breaking off official relations is a divorce procedure through a court, or rather through a so-called magistrate's court. Such a development of events is real only if there are no disagreements between the spouses, and both sides acknowledge their desire to divorce. In addition, before submitting an application, the husband and wife must independently resolve all issues and disputes related to the distribution of property. Moreover, the total amount of the latter should not exceed 50 thousand rubles.
During the trial, the fate of the child will be decided, since the divorce procedure in the presence of minor children should fully take into account the interests of young citizens. So, during the meeting will be determined:
- With which of the parents in the future will remain to live the child (or children).
- The amount of alimony that one of the spouses will be required to pay.
- How a parent who will live separately will be able to see the child.
Appeal to the district court
If a couple cannot come to a single decision about the future fate of the marriage, then it is best for them to contact the district judicial authority. This will help the spouses legally agree on the division of the joint property (its amount should be more than 50 thousand rubles), as well as on which of them the children will remain. The procedure for divorce through the court in this case can be quite lengthy, since it is not always possible to find a compromise between the applicants on the first try. Often, only one of the spouses submits an application for divorce to the state agency, the second one refuses to give consent. In this case, the court gives the couple extra time to think: the so-called conciliation period.
Divorce proceedings through the registry office
Of course, it would be better if the procedure is passed without going to court. Indeed, the consideration of cases at meetings takes a lot of time. Another thing is when you can contact the regional registry office. Then the spouses simply leave their application in the right office, and after the set time they come for the long-awaited seals. However, the procedure for divorce through the registry office is not always possible. Termination of unions in this order occurs only in the presence of special circumstances, namely:
- If one of the spouses has a criminal record for a period exceeding 3 years.
- If the husband or wife is in missing person status.
- If the court has officially recognized one of the spouses as legally incompetent.
According to the laws of the Russian Federation, if the situation in the family falls under any of these exceptions, the husband or wife can divorce their other half, even when the couple has children in common. Moreover, the age of the child in this case does not play a role.
Documents required for registration of a divorce
Both the wife and the husband can apply to the appropriate judicial authority with a break-up test. The procedure for applying for a divorce is as follows: the spouse (or both spouses) collects a list of all the documents necessary for the process and submits them for consideration. To fill out a petition for termination of official relations with children under the age of 18, the plaintiff must present the following papers:
- Copy of marriage certificate.
- A receipt confirming the payment of state duty.
- Copies of passports of both spouses.
- A statement indicating the reasons for the termination of official relations.
- A copy of the birth certificate of the child (if there are several children, you must submit a document for each of them).
As additional information, agreements on the division of property and a written decision of both parties may be attached with which of the parents their children will live. Of course, the divorce procedure in the presence of minor children in this case will be much easier.
How is the divorce process
The more disputes have accumulated between spouses, the longer the court will consider the possibility of divorce. Indeed, first of all, the legislation provides for taking into account the rights and interests of children brought up by a couple. In this situation, they are third parties who may well suffer from the results of the war of their parents. Therefore, the divorce process, as a rule, is quite long and stretches over several stages.
How a divorce proceeds is described below:
- First, the plaintiff submits an application for divorce to a judicial authority.
- Then the date of the first meeting is set, the results of which determine the fate of the spouses.
- If the previous two steps were not enough to find a compromise between the parties, the court puts forward a decision to continue the process.
It is worth noting that the divorce proceedings may end after the first meeting, and may stretch to an indefinite number of subsequent ones. During this time, a decision should be made on the division of joint property and the further education of children.
How long does a divorce procedure with a child
The shortest period that can elapse from the submission of a spouse's application to the complete dissolution of the marriage is 1 month and 10 days. This is because at least 4 weeks should elapse before the plaintiff formalizes the petition before the first meeting. If the agreement between the parties was reached immediately, and the judge agreed to break the family relationship, then you should wait another 10 days until the divorce officially enters into force. Most often, the divorce procedure in the presence of children is not so simple - in the process of considering a case, disputes arise between spouses, so the decision is postponed indefinitely. If one of the parties expresses its unwillingness to divorce, the court has the right to give the couple time for reconciliation, which cannot be more than three months.
Within 10 days after the verdict on the possibility of registering a divorce, any spouse is allowed to appeal this decision. If this did not happen, then after the specified time the relationship of the pair becomes officially broken.
The fate of the child after the dissolution of marriage
If the spouses did not agree in advance on who the children will live with, then the divorce procedure through the registry office is impossible. This issue will be determined in court. At the same time, such decisions affect the decision of the representative of the state body:
- The opinion of each of the parents on the independent upbringing of the child.
- Financial opportunities of both parties.
- Lifestyle and health status of spouses.
- The desire of the child himself.
The last paragraph is considered the most important, since it directly takes into account the interests of a small citizen. However, the judge has the right to be interested in the opinion of the child on this issue only if the latter has reached the age of 10 years.
Communication of the baby with a separate parent
Any procedure for divorce in the presence of children includes proceedings on the future fate of young citizens. It must be determined which of the spouses the baby will live with, and how the other parent will be able to see his child. The law of the Russian Federation establishes that both mother and father, regardless of the characteristics of the divorce, after the official divorce, have the same right to communicate with the child. The order of the parent’s visits with the baby is either personally discussed by the spouses, or is established by the court taking into account their wishes. It is worth noting that close relatives as grandparents also have full rights to see their grandchildren.
If the party living with the child violates the terms of the agreement and prevents the other parent from communicating with the child, then the latter may file a lawsuit.
Features of the appointment of alimony
If the divorce procedure in the registry office does not require the resolution of such issues, then the trial usually includes a stage regarding the establishment of payments by the spouse who plans to live separately. Alimony per child should be at least a quarter of the parent's income. If the family has two children, then payments increase to the third part of the spouse's earnings. Three or more offspring should account for at least half of his budget.
Registration of a divorce in the presence of a child under 3 years old
On the part of a man, an application can only be submitted if the baby is already 1 year old. Up to this point, divorce is considered possible only if the mother of the child takes the initiative. In any case, the divorce procedure in the presence of minor children under the age of 3 years is strictly in court. At the same time, in order for the plaintiff's application to be approved by state bodies, written permission of the defendant to divorce is required. If the family does not live under one roof, then this detail may not be required.
In which cases a marriage cannot be dissolved
As mentioned earlier, the reason for the refusal at the beginning of the divorce process may be the age of the child, if the latter is not one year old. The court’s response will be similar if the wife is at any period of pregnancy. At the same time, it is worth clarifying that these laws apply only to the rights of men. A woman is quite capable of applying for a divorce, regardless of the age of the baby. However, some situations may fall under the exception: for example, if the spouse does not object to the dissolution of the marriage and confirms this by written agreement, the husband has the right to become a plaintiff.
Knowing how the divorce proceeds will help minimize the lawsuit. However, if children are involved in this, then it’s better to think again, because by destroying a family, you are ruining their lives.