Quite often, citizens think about how to file for divorce if there is a child. This is not such an easy task as it seems at first glance. Especially if you behave incorrectly. Indeed, the usual procedure for termination of marriage under such circumstances will be irrelevant. Have to act differently. Below we will consider all possible scenarios. And every modern person will be able to easily disperse with his partner, even with children.
Termination Methods
How to file for divorce if there are children? A similar question arises in most modern couples. After all, husband and wife will also be bound by parental obligations. The interests of children are actively protected by the state. And therefore, to run away after replenishment in the family is not as easy as it seems.
At the moment, a divorce may be:
It is carried out:
- through the court;
- by contacting the registry office.
The algorithm of actions will directly depend on the situation. It can be noted right away that divorce through registry offices is almost never encountered. Unless in the form of exceptions. We will talk about them later. First, get acquainted with more familiar situations.
Where to apply
Where to file for divorce if there are children? There are several scenarios. Almost always, a family needs to go to court. But in which one?
In the world - if there are no disputes about alimony and determining the place of residence of children, in the district - if there are any disagreements between the spouses.
It is the second option that occurs most often. For example, if a divorce is made with child support and a decision regarding the place of residence of minor children.
Important: it is advisable to contact the judicial authority at the place of registration of the defendant. But if nothing is known about him, the plaintiff may go to court in his own place of residence with a petition.
Walkthrough
How to file for divorce if there are children? Consider a brief algorithm of actions to implement the task. With timely preparation, there should not be any problems with the operation.
Guidelines for termination of marriage are as follows:
- File a divorce lawsuit. We will talk about how to do this later.
- To form a package of documents necessary for a successful trial. We will not familiarize ourselves with the components now either.
- Submit a petition for divorce.
- Participate in the hearing and get a court order.
- Pay the state fee for the procedure.
- Apply with certain documents to the registry office to register a divorce.
It is done. It remains only to wait for the readiness of the certificate of the established form. Usually it is issued as soon as possible.
Dispute Resolution for Children
We found out where to file for divorce if there is a child. According to the instructions described earlier, we can say that this is far from the most difficult task. But in real life, everything is much more difficult.
For example, spouses often face disputes over child support and the determination of the place of residence of children. And this does not include property litigation.
According to the law, the child after the divorce of the parents will remain fully at their own rights. Mom and Dad are required to continue to educate, provide and care for minors. And the determination of the place of residence takes place either peacefully or by court order.
Important: the judiciary assesses the pros and cons of children living with one parent or another. In Russia, most often minors are left to live with their mothers. Fathers in this case pay child support.
Peaceful agreement
Applying for a divorce, if there are children, will be easier, provided that the spouse agrees to peacefully resolve issues with alimony and the place of residence of minors. Here, an alimony agreement and a peace treaty come to the rescue.
Paper is drawn up both by a notary public (in advance) and during the trial. It is better to choose the first scenario.
In such circumstances, the conclusion of the contract will include:
- Drawing up an agreement, which indicates the order of communication with the child and his place of residence.
- Collection of relevant documentation.
- Appeal to the notary and signing of the contract in the established form.
Similarly, an alimony agreement is concluded. It is better to arrange it in advance. Then you can go to a magistrate’s court and quickly disagree with your spouse.
Documents for agreements
How to get a divorce if you have a baby? We have already become acquainted with possible situations. Now it remains to consider the features of each scenario.
When drawing up a peace agreement on determining the place of residence of children, as well as on alimony, citizens are required to:
- passports
- birth certificates of all children;
- certificates of family composition;
- USRN statements for housing in which children are planned to live;
- certificate of marriage / divorce.
If paternity is not established, alimony will have to be puzzled by its definition. Usually the process is carried out through the court.
Important: it is recommended to attach certificates of income to the payer agreement. It is customary to prescribe the amount and frequency of payments in the relevant agreement.
Contracts are executed in the presence of a notary or directly during the trial. It is better to use the first scenario.
Court Inquiries
Where to file for divorce in the presence of a child? Usually the operation is through a judicial authority.
Assume that there are no peace and maintenance agreements. Then it is necessary to bring to court:
- statement of claim;
- certificates of family composition;
- passports of the parties;
- Marriage certificate;
- birth certificates of all children;
- statements of income of the defendant;
- extracts from medical institutions about the health status of each of the parties;
- certificates of rights to real estate (housing).
In addition, it can sometimes come in handy:
- pregnancy certificates;
- witness's testimonies;
- any materials (including photos, videos and correspondence) indicating neglect of the RF IC and obligations in the family;
- characteristics from the place of study or work;
- statements of income of the defendant.
That's all. The listed list of papers will help to immediately resolve issues related to divorce, and determine the place of residence of children, and appoint child support.
Under peace agreements
Where to file for divorce if there are children? The answer to this question will no longer cause any trouble. Citizens can easily cope with the task. Especially if they agreed in advance on how to pay child support and decided who the children will live with.
If there are peace agreements, the applicant will need to terminate the marriage:
- passport;
- lawsuit;
- fee receipt;
- peace agreements of one kind or another;
- birth certificates of all children;
- certificate of marriage.
This is actually the easiest way. He eliminates the long wait and litigation. If there are property disputes, they are also recommended to be resolved in advance. For example, through a marriage agreement or a peace agreement.
Unilateral order
Filing for divorce in the presence of children is not so difficult. But getting a decision from a judicial authority can be problematic.
As we have already said, it is possible to terminate the marriage relations unilaterally. The prohibition of divorce in the absence of the consent of the spouse does not take place. Marriage and divorce is voluntary.
Unilaterally bred in court if:
- one of the parties cannot personally participate in the process;
- in case of divorce during pregnancy of the spouse or earlier than a year after the birth;
- the defendant intentionally avoids visits to court (after three absenteeism, citizens are bred).
The registry office can terminate the marriage unilaterally:
- in the presence of a court decision;
- if the spouse is "imprisoned" for 3 years or more;
- at the death of the spouse or after the recognition of the deceased.
Where to file for divorce if there are children? We fully understood this issue. With the right actions, the operation will not cause much trouble. In particular, if citizens can resolve disputes peacefully.
Adult children
And how to get a divorce if there are children who have reached the age of majority?
In such circumstances, the husband or wife may apply to the registry office or to the court. In the first case, there are no disputes and joint property. Judicial authorities help to get a divorce if there are problems with the division of property. Or when one of the spouses does not agree with the situation.
Important: the process of divorce in the presence of adult capable children is carried out in the same way as in the absence of a common offspring of the couple.
Terms of service
How to file a divorce, if there are children, we found out. And how long to wait for the implementation of the task?
The application in court on the termination of the marriage relationship is considered 1 month. After that, a meeting is scheduled. For reconciliation, the couple is allocated from 2 to 6 months, sometimes more.
If we consider the order of divorce through the registry office, we can focus on such data:
- registration of a divorce certificate in the presence of a court order - 3-7 days;
- consideration of the application for divorce - 30 days.
In real life, litigation takes a lot of time. But if the spouses have previously entered into a marriage contract and drawn up peace / alimony agreements, you can reduce the period of divorce to 3 months.
Limitations
If you have minor children, you can not always file for a divorce. By law, certain restrictions apply.
For example, the husband cannot terminate the marriage during the pregnancy of the spouse. A woman in a position is able to divorce at any time. She will not need her husband’s consent for this. You just need to go to court with an appropriate petition.
After giving birth, the husband also cannot leave the family. He will have to wait at least a year. At this time, the wife may be the initiator of the divorce. This practice is more and more common in Russia.
Wife filed for divorce? Have a baby? Most likely, the marriage is dissolved quite quickly, the husband will need to pay child support for a minor. If a woman is on maternity leave, she may demand money for herself up to the age of three children.
Cost
How to file for divorce if there are children? We have fully answered this question. And how much does the corresponding service cost?
To register a divorce in the registry office, bilaterally need to give 650 rubles. Fees are charged to each spouse.
A divorce unilaterally takes 350 rubles.
For the work of a notary public in the execution of peace agreements, you also have to pay. Typically, the state duty is from 500 to 1,000 rubles.
We appeal to the registry office
How to file for a divorce, if there are children, we found out. And what needs to be done after the trial?
A citizen will have to contact the local registry office with a corresponding application and documents. You need to have:
- passport;
- birth certificates;
- court decision;
- statement;
- check with paid duty.
After presenting the relevant certificates, the applicant will be issued a divorce certificate in a few days. You can consider the process completely completed.
Wife disagree
How to file for divorce if there is a child? For example, when does a spouse disagree with an appropriate decision?
Will have to act on previously proposed instructions. The difference is that a court can:
- refuse the claim if the spouse is against a divorce;
- refuse to consider the request if it is made with errors;
- satisfy the claim by mutual agreement.
All this applies if the spouse is pregnant or gave birth no more than a year ago. Otherwise, the court will consider the claim and make a decision. Usually a divorce will take place, problems will arise only with the determination of the place of residence of the children and with the division of property.
Surname of the kids
Are you planning a divorce? How to apply if there is a child? You just need to follow the instructions above.
What will happen to the surname of the child? Usually the court does not change the surname of the babies after the divorce. The parent can do this on his own with the consent of the ex-husband or wife.
After the child reaches the age of 14, the minor will also take part in deciding on the change of surname.
Without the consent of the mother or father of the child, you can change the name if:
- the second parent is missing;
- former spouse deprived of parental rights;
- the second parent lacks legal capacity;
- change of surname is required for a more comfortable life of a minor.
That's all. What else to look for in a divorce?
Content of the claim
Where to file for divorce if there are children? This is not the most difficult question of all that the spouses have to study.
What is the content of a lawsuit in a divorce? Ideally, you should write here:
- F. I. O. of the parties and the child;
- name of court;
- document's name;
- a description of the situation in the family;
- reason for divorce;
- a request for determining the place of residence of children and the appointment of alimony (if necessary);
- list of documents attached to the application.
Want to file for a divorce? Is the child a year old? Then the procedure will not cause any particular difficulties. After all, we examined all the nuances of the corresponding process.