Runny nose

The guardian is a pensioner and has 1g of benefits. State assistance and benefits for guardians of disabled people of the first group

The divorce procedure, if an official marriage has been concluded, is strictly regulated by law. If a married couple does not have common children and disputes over property, the civil registry office can also dissolve the marriage. A divorce, if there is a child or there are property disputes, can only be granted by the court.

Which court to go to for divorce if there is a child?

If the second spouse is declared missing, incompetent, or he is convicted by a court of a criminal offense with a sentence of more than three years, you can submit an application to the registry office.

The court is considering a divorce case in following cases:

if the spouses have children under the age of 18, it does not matter whether there are disputes regarding who the child will remain with after the divorce;
if there are disagreements in the division of property;
when the second spouse does not give voluntary consent for divorce either through the registry office or through the court.

In short, the court is considering the overwhelming number. More often, another question arises: which court to go to if a child is involved in a divorce case. According to the law, the plaintiff has the right to file a claim for divorce in the court of first instance: magistrate or city (district). It makes sense to go to the magistrate’s court if:

there is no disagreement about where the child will live after the divorce;
there are no disputes about how to divide the property, or the value of the divided property does not exceed 100 thousand rubles;
if the divorce is not complicated by additional claims and statements: for example, about establishing paternity, deprivation parental rights, changing the child’s surname, adoption, and so on;
there are no disputes regarding alimony;
no counterclaim for divorce has been filed.

In other cases, the city (district) court will deal with the divorce.

The claim is filed at the place of residence of the defendant, but in practice most often divorce cases are heard at the place of residence of the plaintiff. The law allows this in two cases:

if minor children live with the plaintiff (confirmed by a certificate from the housing department);
if the plaintiff suffers from a disease that makes it difficult for him to move, or is disabled (confirmed by a certificate from a medical institution).

What to include in a divorce claim

The content of the statement of claim must contain a number of mandatory elements provided by law. The secretariat must provide the plaintiff with a sample of how to write a claim. It must indicate:

the name of the body that will consider the divorce case;
information about the plaintiff, including information about the address of residence and registration, or information about his representative;
information about the defendant;
information about where and when the marriage was concluded, the terms of the marriage contract (if it was concluded);
reasons that make further cohabitation impossible (the law does not stipulate what reasons should be considered “valid”; this remains at the discretion of the judge; reasons such as adultery, alcoholism, drug addiction, psychological illness, discrepancy in life interests, abuse, sexual dissatisfaction, a separate item it is worth indicating if the terms of the marriage contract were violated);
evidence that confirms the truth of the reasons (for example, a certificate of alcohol addiction from a medical institution or a district police officer’s resolution regarding bodily injuries inflicted by the spouse);
a list of people who can act as eyewitnesses and testify in favor of the plaintiff;
list of documents provided.

Since in a divorce with children there is an acute question of who the minors will stay with after the divorce, the application must indicate:

full information about the child or children;
has an agreement been reached between husband and wife about their future fate? If not, then it is necessary to indicate what disagreements exist;
the desired amount of alimony (sometimes it is necessary to file a separate claim for alimony);
other information that the plaintiff deems necessary to provide (for example, you can indicate the fact that the father avoids raising the children).

The last point is important if other applications are filed along with the divorce claim.

What documents are needed for divorce when there is a child?

The basis for the list of documents when filing an application for divorce is the same. Before filing for divorce, you need to prepare complete package documents. The plaintiff will be asked:

the statement of claim itself, completed in accordance with the requirements of the law;
copy of passport;
a copy of marriage and birth certificates;
a receipt for payment of the state duty (the state duty for divorce in 2019 is 650 rubles).

Depending on the content of the claim and the specifics of the divorce process, the court office may additionally request:

information about the income of the spouses (to determine the amount of alimony);
inventory and assessment of property belonging to the spouses (in the event of property disputes);
information about physical and mental state participants in the process;
certificate from place of residence about family composition;
other certificates and petitions, for example, in case of deprivation of parental rights or adoption, will definitely ask for an opinion from the guardianship and trusteeship authorities.

The plaintiff must also be prepared to provide additional documents, which may influence the outcome of the trial and confirm his statements.

How does divorce happen if there is a child - features

First of all, the court will be guided by the interests not of the plaintiff or defendant, but of the child.

Therefore, the party wishing to keep the child must prove to the court that he would be better off with him.

It is with this circumstance that all the drama of divorce proceedings in court is connected.

It’s one thing when one of the spouses leads an immoral lifestyle and does not devote enough time to raising a child. But if both parents have equal “price,” then it can be quite difficult for the court to decide with whom the child will be better off. It is difficult for the child himself to watch how two people he loves often try to denigrate each other and prove that they love the child more than the other side.

According to the law, if a minor is 10 years old, he can independently decide with whom he will live, and the court is obliged to take his opinion into account.

If the child is still young, the judge makes the decision entirely for him. If the spouses, in preparation for the divorce process, agreed on the issues of raising and maintaining the child, they must submit a corresponding agreement to the court. The same applies to alimony issues.

If, in addition to disagreements about the future of a minor child, property disputes arise, the consideration of the case may become even more complicated. Therefore, in order to save time and to preserve the psyche of the child, who will have to attend most court hearings, it is better to agree on as many problematic issues as possible in advance and provide the relevant documents to the court.

How to decide who your child will live with

This is a sore point for many divorcees and a stumbling block when legal proceedings. The law stipulates that parents can voluntarily determine with whom the child will live, and with whom and under what conditions the child will see. If this does not happen, then it is necessary to submit an application from the parent to determine the place of residence of his child. The court will be obliged to determine with whom it would be better for the child to live, and the opinion of the minor must be taken into account if he has reached the age of 10 years.

In addition to the child’s opinion, the court takes into account the following circumstances:

his attachment to certain family members, such as grandparents;
his attitude towards each of the parents;
his age and psychological state;
relationships between parents and relatives;
the opportunity on the part of each parent to provide the child with conditions for his full development;
the parent's financial security;
parent's employment at work;
conditions for the child’s future residence, including sanitary and hygienic conditions of the home, availability of health care and education services in the area of residence.

It is important to understand that high salary And good conditions residence is not a guarantee that the judge will give preference to the most financially secure parent. First of all, the court will take into account the child’s opinion, as well as the parent’s employment. If a parent spends the whole day at work or goes on frequent business trips, this means that he is unlikely to be able to fully educate his offspring.

In addition, the opinion of a representative of the guardianship authority, who is required to be present at the court hearing, is taken into account.

A statement of claim to determine the place of residence of a child is usually filed together with a claim for divorce. It must include:

name of the court where it is filed;
information about the plaintiff and the defendant;
information about a third party (usually a representative of the guardianship authority who acts as an independent expert);
information about the child;
a statement of information and facts that, in the opinion of the plaintiff, will contribute to the court determining the place of residence of the child with the plaintiff;
evidence and evidence confirming the given facts;
list of documents that are attached to the application.

Preparing for trial

When considering a divorce case involving a minor, a representative of the guardianship and trusteeship authorities must join the process. His role is very important. As a teacher, he gives an independent judgment, which is necessarily taken into account by the court. In addition, he often acts as a third party in numerous disputes between spouses before a divorce and is able to resolve a significant number of disagreements even before the start of the trial.

In preparation for the hearing, the judge may call the defendant or plaintiff to talk with them about the fact of the claim. Regardless of whether there have been preliminary conversations or not, the parties should carefully prepare for the court hearing.

According to the law, the circumstances that the parties must prove include:

how attached the child is to parents and other family members;
personal qualities of parents that will present them from the best side;
the relationship that existed between parent and child in the past and what exists now;
the circumstances that led to the divorce;
the opportunity on the part of each parent to provide children with full physical and psychological development.

After the court has made a determination that the child lives with one of the parents, the second parent is not deprived of the right to see him and take part in his upbringing. His rights include:

the opportunity to receive reliable information about his health, education, and so on;
the possibility of systematic communication with the child;
the opportunity to resolve issues related to the child’s future, for example, his education or travel abroad.

If the influence of the second parent causes any damage to the physical or psychological health child, the parent with whom the minor lives permanently has the right to file a lawsuit to have the defendant limited in contact with the child.

Time limits for divorce proceedings if you have a child

The general rule determines that in a magistrate’s court civil cases are considered within a period of up to 1 month, in a city or district court - up to 2 months. At the same time, courts are recommended to consider divorce cases first.

If the claim is “simple”, that is, it contains minimum quantity requirements and there is no opposition from the second spouse, the review can be completed within a week. Spouses are invited to a court hearing, where their testimony is heard and witnesses are questioned. The judge makes one of the following decisions:

dismisses the claim;
satisfies the claim;
adjourns the meeting to another date for a legitimate reason.

The meeting may be adjourned an indefinite number of times, but total time consideration of the claim should not exceed 3 months.

At his discretion, the judge can consider all claims (for example, for divorce and alimony) in one process, and can make decisions in different days. This depends on the workload of the court and the content of the statements of claim themselves. How to file for divorce - all claims at once or separately, the plaintiff decides, but in order to save time, it is better to file all applications at once.

There are 2 main ways to divorce: through the registry office and the court. In the first case, the procedure is simplified, because the decision is made by mutual agreement.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

Moreover, spouses can divorce through the registry office by submitting an application online on the State Services portal. However, this cannot be done in all situations. Thus, the presence of common heirs is a serious obstacle this option formalizing a breakup.

Where to contact

Institutions to which you can contact to initiate divorce proceedings:

Contact option

Peculiarities

Court

In Art. 21 of the RF IC establishes a rule according to which divorce is carried out through the court if the spouses have minor heirs

Civil Registry Office (submitting an application in person or through the Gosuslugi portal)

You can submit an application to the registry office in person or online in the following cases:

· the couple has no heirs under 18 years of age;

· both spouses are ready to divorce voluntarily;

· a person wishes to divorce a spouse who has disappeared, been sentenced to imprisonment for more than three years, or has been deprived of legal capacity;

· There are no disputes between husband and wife regarding the division of property.

Important! The State Services Portal does not provide citizens with the opportunity to electronically file a claim in court

Preparation of a statement of claim

In the event of a break in relations between spouses who have minor heirs, the procedure is carried out in judicial procedure. The claim is filed at the place of residence of the defendant, the magistrate.

If the claim is drawn up correctly and all necessary papers are attached to it, the case is accepted for proceedings.

The following information must be included in the statement of claim:

marriage registration data;
information about the presence of offspring under 18 years of age and their number;
reasons for the breakup;
mutual agreements regarding further conditions of maintenance of heirs and their place of residence;
agreements on the division of property;
list of documentation attached to the claim.

In the upper corner of the paper, information about the court area, information about the plaintiff and defendant are indicated. When indicating the grounds for divorce, it is worth additionally indicating references to Art. 21, 23 RF IC and Art. 131, 132, 23 Code of Civil Procedure of the Russian Federation.

What documents are needed

What documents will be required to initiate divorce proceedings:

plaintiff's passport;
statement of claim;
a receipt indicating payment of the state duty;
marriage paper;
photocopies of birth documents;
if necessary, a paper confirming the income of the spouses.

The list of documents may not be limited to this list. The legal proceedings of a particular case may require the provision of additional documents.

Video: Consultation with a specialist

How to file for divorce if you have minor children online

Citizens of the Russian Federation are trying, with the help of the State Services service, to reduce the time it takes to resolve issues that require contacting government agencies.

In this regard, many are wondering: how to file for divorce via the Internet if you have minor children.

As already mentioned, the presence of heirs for a couple is an obstacle to the official dissolution of the relationship through Gosuslugi.

However, if a couple with minors divorced through the court, and there is a court decision on divorce, they can apply for a divorce certificate through the State Services. In this case, a husband and wife can apply either together or separately.

After submitting an application for a certificate, a date and time are set at which the husband and wife will be able to receive the appropriate paper at the selected registry office.

In order to be able to use the service, you must first register on the portal, and then confirm your account and log in personal account.

State Services website

The Gosuslugi portal was created specifically to facilitate citizens’ appeals to various government agencies. On the resource, citizens of the Russian Federation can receive a variety of services: from obtaining a foreign passport to divorce from a second spouse.

Using the service is possible only after registration. To pass it, you will need to provide data from your passport and SNILS. The resource allows standard, simplified and confirmed registration.

It is possible to resolve issues related to the divorce process only if you have confirmed registration.

Registration steps:

Filling out a form with personal documentary data.
Filling out contact information - mobile number, address, e-mail.
Identity confirmation.

You can confirm your identity in one of three ways:

Through a digital signature or UEC.
When visiting a service center.
By entering the code on the website received through Russian Post.

After confirmation account the citizen must log in to his personal account. The required electronic service is called “State registration of divorce.” It is located in the “Electronic Services” section.

To use the service, the user must:

upload copies of the required documents;
fill out the application form, indicating the registry office;
submit a request to the site.

The “My Applications” section will display the application status.

Children Agreement

The least conflicting and most favorable way of officially terminating a relationship involves drawing up a paper unofficially called a “child agreement.”

The preparation of such paper is mainly necessary to minimize the complexity of the procedure. The agreement is not binding. Each couple decides whether to make it or not.

The presence of a document shows the court the fact that the parents are trying to peacefully agree on resolving conflicts.

What information may this paper contain:

information about which parent the offspring will live with after they separate;
an acceptable option for communication between an ex-spouse and a child;
the amount and procedure for deducting alimony from the second parent.

Both parents must sign the document. The paper can be notarized. You can download a sample of this document at.

Rules for children

There are certain rules that apply to the divorce of spouses with minor heirs.

Basically, they relate to determining the amount of alimony obligations. In addition, in in some cases based on existing regulatory documents one of the spouses is deprived of the right to initiate a break in the relationship.

With a child under 1 year old

Based on the Family Code of the Russian Federation, a husband does not have the right to file for divorce if his wife is pregnant (expecting a child), or if the family has a baby under 1 year old.

If a husband and pregnant wife together want to officially break off the relationship, they can file a claim in court with the birth of the baby.

In such cases, the court may proceed as follows:

reject the application if it is incorrectly drawn up;
make a decree on divorce;
refuse the claim if the wife did not give her consent and the baby is not yet 1 year old;
adjourn the hearing.

If you have a child under 3 years old

In accordance with the norms of the RF IC, after the divorce of a husband and wife who have an offspring under 3 years of age, the former spouse is required to pay alimony.

In this case, funds are paid not only for the maintenance of the baby, but also for the wife, who is in maternity leave. If the child was born disabled, then the ex-spouse is required to pay alimony until the child turns 18 years old.

With two or three children

If there are more than 2 offspring in a family, then the procedure for officially breaking off relations between husband and wife proceeds in a similar way. The only difference is the procedure for calculating alimony obligations.

Options for calculating alimony based on the RF IC:

for 1 child 25% of the parent’s income;
for 2 offspring 33% of income;
3 or more half of income.

Deadlines

If the relationship is broken through the court, the magistrate is given a period of 5 days, during which he must check the grounds for initiating the process.

If a positive decision is made, then a period of 1 month is allotted during which the divorce process will last.

Upon completion, a court decision is made on divorce, or the claim is rejected. In the second case, the plaintiff is informed of the reasons for the rejection of the application.

Division of property

The presence of minors does not in any way affect the process of division of property upon termination of a relationship. In this case, the court may not take into account the equal rights of husband and wife to property.

Ideally, spouses can independently agree on the division of property by drawing up an appropriate voluntary agreement.

How to pay the state fee

A state fee is paid for filing a statement of claim when initiating divorce proceedings. Its payment is regulated Tax Code. The state fee starts from 400 rubles. You can pay it at the bank using the details that will be provided in court.

If spouses are dividing property, they are required to pay an additional state fee. Its value is determined by the value of the property and starts from 400 rubles.

Before the divorce process, it is worth getting acquainted with all its nuances. It is important to correctly draw up a statement of claim when divorcing minors so that it is accepted by the court. A legal specialist can help with this. The need to divide property can significantly complicate a divorce.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

If a couple has children who have not reached the age of majority, it will not be possible to complete the divorce procedure quickly. The operation is carried out through the court. The government agency will have to decide with whom the children will remain without infringing on the rights of the second parent and the couple’s young offspring. Divorce with minor children has a number of nuances. We will talk further about the procedure for divorce, the timing and features of the divorce process scheme that arises in the presence of a child.

Article 21 of the RF IC states that divorce in the presence of children under the age of majority can only be carried out in court. The type of government agency that needs to be contacted to complete the process depends on the circumstances of the case. If the spouses have no claims against each other, the magistrate will deal with the procedure for terminating the relationship between the couple.

The couple will have to go to the district court if there are conflicts based on:

establishing paternity,
children's section,
establishing maternity,
invalidation of marriage.

To begin the process, you will need to file a claim. One of the parents may raise the issue of depriving the other parent of parental rights. If the couple who filed for divorce has children who have not reached the age of majority, the procedure for terminating the relationship can also be completed through the registry office. The articles of the law stipulate 3 cases, during the occurrence of which you do not have to go to court. One of the spouses has the right to file for divorce through the registry office if the other has lost his legal capacity or is imprisoned for a period of more than 3 years. The divorce procedure is regulated by Article 19 of the RF IC.

Nuances of the procedure

The judge who will deal with the divorce procedure if the members of the separating couple have common offspring will need to resolve a number of issues.

During the trial, the judge will determine:

is it necessary to ask the couple to postpone the divorce and try to restore the relationship,
who will the small children stay with?
how a parent who will live separately will pay child support,
the amount of allowance for the maintenance of children under the age of majority,
Frequency of meetings with the parent living separately.

During the divorce procedure, if a couple has small offspring, the court relies on other legal acts and regulations. When performing an action, the judge seeks to prevent the interests of the child from being infringed.

How to perform the procedure

If divorce is inevitable, the couple must file a divorce petition. The period for its consideration is from 2 months.

The procedure can be speeded up. The couple has the right to file an application to end the relationship between them in the Magistrates' Court. The government agency considers issues within 30 days. However controversial issues The judge will refuse to decide. Articles of the law do not allow him to perform the action. If spouses have conflicts regarding divorce, they should contact District Court or postpone their decision.

The application that spouses submit for divorce is registered by court officials. The document is examined for correctness.

Employees of a government body have the right:

accept the document and begin paperwork,
send the document for revision indicating the adjustments that need to be made,
reject the application and refuse to begin the divorce process.

If the application is accepted, 1 meeting will be scheduled 30 days after receipt of the paper. The legality of the fact is recorded in Article 23 of the RF IC. The process can be the only one if the spouses agree and have no disagreements. If the judge determines that the parents' decisions do not infringe on the interests of the child, he will carry out the divorce procedure.

The presence of conflicts prolongs divorce. Guided by Article 22 of the RF IC, the judge will schedule a retrial. It must take place no later than 3 months after the first hearing of the divorce case.

Regardless of the decision made by the court, it will come into force 1 month after its adoption. During this period, the second spouse can file an appeal and challenge the outcome of the divorce case. When performing an action, a person who is dissatisfied with the decision must be guided by Article 321 of the Code of Civil Procedure of the Russian Federation.

If the spouse has not attempted to challenge the verdict rendered in a divorce case where the couple has children under the age of majority, it will take effect. You will not be able to file an appeal after the 30 day period has expired. To obtain a divorce certificate, ex-husband and the wife must come to court 35 days after the decision is made on the case of divorce in the presence of a minor child.

List of required papers

For the court to begin a divorce for a couple who have small children together, one application is not enough. Spouses must provide a list of documents. Their list is regulated by articles of law.

To start the divorce procedure you will need:

a statement indicating the reason for the divorce,
a receipt confirming payment of the state duty,
photocopy of the birth certificate of small children,
original marriage certificates.

Depending on the region and the nuances that become clear during the consideration of the divorce case, the court has the right to request additional documents from the couple divorcing the marriage with a child. Articles of the law do not prohibit performing an action.

Time frame for divorce proceedings

Having children together lengthens the process of ending a relationship between a couple. From the moment of writing a statement of desire to end the relationship until the actual dissolution of the marriage, 2 months must pass. During this period, government agency employees study in detail the nuances of the case. According to Article 23 of the Family Code of the Russian Federation, this period should include the time until the 1st meeting. If the divorce case is decided immediately, the relationship between the spouses will end after 30 days. The legality of the fact is regulated by Article 321 of the Code of Civil Procedure of the Russian Federation.

If the parents independently decide with whom the child will live and record the fact in the agreement, this will become an argument for reducing the divorce period to a minimum.

The absence of the second parent at the time of submitting the application to begin the paperwork will not slow down the operation. According to Articles 21 and 23 of the Family Code of the Russian Federation, if one of the spouses failed to come and submit an application, but does not formally prevent the termination of the relationship, the divorce is considered to be carried out by mutual consent. According to the articles of the law, this will allow the procedure to be completed in an accelerated manner.

Conflicts over property and the refusal of one parent to dissolve the marriage of the other will lengthen the divorce process. In the first case, the court will examine in detail all the spouses’ claims against each other and determine the amount of property to be divided. In the second case government agency will make an attempt to prevent divorce and save the marriage. Article 22 of the Family Code of the Russian Federation requires that parents who have children together be given time to think. Within 30 days, people, one of whom does not want to dissolve the marriage, have the right to withdraw the divorce petition.

The moment of termination of the relationship

The day on which the couple officially ends the relationship is considered the date on which the decision of the government agency enters into legal force. The fact is regulated by Article 25 of the Family Code of the Russian Federation. After this point, the legal relationship between the couple ends.

This does not apply to property and parental legal relations. Former spouses who had children during the relationship will have to continue interacting with each other until all disputes are resolved.

After the court decision on divorce comes into force, spouses will no longer be required to ask each other for consent to transactions or other actions. Divided property passes from the category of common property to personal property.

If the former member of the couple wants to get married, but will not be able to do so immediately after the divorce decree comes into force. According to Article 25 of the Family Code of the Russian Federation, to officially register a new relationship you will need to obtain a divorce certificate. The fact of termination of the relationship must be registered in the registry office. If a couple having common child, divorced the marriage through the court, the government body will carry out the action without the participation of the former spouses.

They say that family is work. If the work is done poorly, it leads to divorce. Most often, the reason is banal - they don’t get along in character. Often spouses try to maintain a relationship, but if divorce cannot be avoided, families with small children will have to get a divorce in court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

How to apply?

Applications for divorce must be submitted by both spouses. Divorce is also possible at the request of one of the spouses if the other has lost legal capacity or received a prison sentence of more than three years. IN in this case The opinion of this spouse is not taken into account.

The Family Code of the Russian Federation regulates the right of every citizen who is married to file an application for its dissolution.

What documents do you need to have?

The application is submitted along with the following package of required documents:

marriage certificate;
children's birth certificates;
an agreement determining with whom the children will remain after the divorce (if one has been drawn up);
claim for division of existing property (not mandatory);
check for payment of state duty;
power of attorney (provided if the spouses have used the services of a lawyer).

Judicial practice

The court hearing will take place one month after the application was submitted., not before. During the hearing, the spouses will need to answer a number of questions, the answers to which the court will take into account when making a decision.

The court may make one of the following decisions:

divorce spouses;
leave the claim unsatisfied;
hold a rehearing.

During the trial, the court will decide who will the children stay with after the divorce?. In this matter, the court takes into account:

the opinion of children who have reached the age of ten (children under ten years of age most often remain with their mother);
parents' wishes;
the age of the parents, their state of health, tendency to drink alcohol and narcotic drugs, addiction to gambling, mental state;
material security of both parents, living conditions, place of work;
other components.

Who the children will live with after the divorce does not have to be decided by the court. Parents have the right to make this decision themselves and confirm it with the appropriate agreement. The agreement should state:

who the children will live with;
the time at which the other parent will see the child;
the amount of child support that will be paid for the child.

The agreement can be concluded orally, but it will be much better if the spouses conclude it in writing and notarize it. The main criterion of the agreement is the need to prescribe conditions for each child.

If the court decides on the issue of residence, it will be determined how many hours a week and on whose territory the second spouse can see the children.

If one of the parents solves the problem, how to divorce your husband (or wife) and keep the child for yourself, then he must provide the court with the following information:

a certificate from the guardianship authorities confirming that appropriate conditions have been created for the children’s lives;
income certificate;
recommendation from place of work;
confirmation that the children will not be left alone during his absence (at work);
evidence that it would be better for the children to stay with him.

Divorce if the wife is pregnant or raising children under one year old in the family

According to the regulations of Art. 17 of the Family Code of the Russian Federation, a husband does not have the right to file for divorce if his wife is pregnant or there are children under one year old in the family.

If in such circumstances both spouses express a desire to divorce, the divorce can be formalized with the birth of the child. A number of documents will need to be submitted to the court:

decision on the child's residence;
alimony agreement;
agreement on the division of existing property.

During the hearing of such cases the court can make the following decisions:

refuse divorce if the pregnant wife does not consent; if the child was born, but he is not yet a year old, and the mother does not agree to the divorce;
reject the claim if it is drafted incorrectly;
adjourn the hearing for no more than a month.

How to get a divorce if the family has children under three years old or disabled children?

Article 89 of the Family Code of the Russian Federation regulates that in the event of a divorce in a family raising children under three years of age, the ex-spouse will be obliged to pay alimony to both the child and ex-wife who is on maternity leave.

If a child is disabled from birth, the father will have to pay child support until he reaches adulthood.

Divorce in a family when there are two or more children

The divorce procedure for families raising two or more children is similar to the divorce procedure for a family with one child. The only difference is in the procedure for calculating alimony.

According to the regulations of Article 81 and Article 83 of the Family Code of the Russian Federation Alimony is assigned according to the following scheme:

for one child, the parent must pay one fourth of his income;
the payment amount is one third of income;
for three children or more - half of the total income.

Government Decree No. 841 of July 18, 1996 determines sources of income from which the parent will have to pay child support:

wages;
payments accrued for additional hours worked;
all additional payments and allowances provided for by law;
accrued vacation pay;
business income;
amounts received based on the conclusion of contracts;
scholarships;
all types of benefits;
bonuses;
pensions.

If the parent does not have a constant flow of money, the amount of alimony will be determined as permanent. If the spouses make the decision to pay alimony independently, they can agree that part will be paid in a set amount, and part as a percentage of income.

If a parent belongs to the category of low-income citizens, he has the right to reduce the amount of alimony by court.

The decision on divorce made by the court becomes effective 10 days after its adoption. If the spouse (defendant in the case) does not agree with the court's decision, he must file a claim for review within this time.

Division of property in the presence of children

Paragraph 4 of Article 60 of the Family Code of the Russian Federation regulates that the presence of children in the family does not affect spouses during the divorce process, because children cannot claim rights to their parents' property, and parents do not have the right to claim property that rightfully belongs to their children.

However, paragraph 2 of Article 39 of the Family Code of the Russian Federation provides for the right of the court not to take into account equal rights spouses on property in order to protect the interests of minor children. The regulations of this paragraph of the Family Code are not mandatory; the court decides for itself whether to take it into account or not. If this clause is taken into account, children will not receive ownership rights to own property.

Let's look at a specific example

A married couple is divorcing, raising a minor child and having an apartment purchased on equal mortgage terms. Only the husband is registered in the apartment; his wife and child have registration in another city. In this case, the divorce process will take place in court.

Property acquired jointly by spouses will be divided. A bank representative will be involved in dividing the apartment, because... The mortgage has not yet been paid and the apartment is pledged to the bank.

The court may award each spouse half an apartment, subject to the agreement of both of them to continue to repay the loan. The court has the right to award a share of the apartment exceeding 50% the spouse with whom the child will live after the divorce.

If one of the spouses wishes to renounce his share, and the other is ready to assume obligations to pay his share of the mortgage, the court may make an appropriate decision in favor of the spouses.

Child's last name after divorce

The law of the Russian Federation does not prohibit changing the surname of a child after the divorce of his parents. A parent who decides to change a child’s surname must obtain the consent of your ex-spouse.

To obtain permission to change a child’s surname, parents must sign an appropriate agreement confirming their mutual consent to this, and have it certified by a notary office. The agreement is submitted to the guardianship authorities along with the relevant application and the following documents:

passports or other documents allowing the identification of both parents;
divorce certificates;
child's birth certificate;
an extract from the house administration with information about the child’s registration.

Parents can independently change the surname of a child under ten years of age. Children who are already 10 years old at the time of changing their surname have the right to agree or disagree with the decision of their parents. In this case, the guardianship authorities must take into account the interests of the child. Parents no longer have the right to change their children's surnames at the age of 14..

If the guardianship authorities have made a positive decision, the parents will be given a document to submit to the local registry office. The document is submitted along with a corresponding application, on the basis of which the child’s last name will be changed within thirty days.

It is possible to change a child’s surname at the request of only one of the spouses due to a number of circumstances.:

the surname is changed to provide more comfortable living conditions for the child;
the second parent has lost legal capacity (must be confirmed necessary documents and court decision);
the former spouse has been deprived of parental rights;
the second parent was declared missing by the court.

A parent who decides to change their child’s surname will have to contact the guardianship authorities with an application and copies of the court decision.

There are cases when the second parent, who has not lost legal capacity and has not been declared missing, does not comply with the child support agreement, does not show a desire to take part in raising the child, or behaves inappropriately with the child. If the parent behaves in this way, the guardianship authorities may give the second permission to change the child’s surname without requiring compliance with the above conditions.

Read more about changing a child's surname without the father's consent.

As a result

Divorces of families raising minor children are carried out in court. If, during a divorce, the issues of residence, further education, child support, alimony payment, division of joint property and the names of children are resolved amicably by the spouses, the court takes their decision into account.

In cases of disagreement between spouses on one or more of the above issues, a decision on them is made by the court.

What documents are needed for divorce if there are children in Russia in 2019 are detailed in the Civil and Family Law. In particular, it is necessary to pay attention to some important nuances.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

If there are minor children in the family, this does not allow us to say that his biological parents have the right to dissolve the official marriage.

In this situation, the divorce process differs from the one provided for in the event of their absence or at the age of majority.

Let's take a closer look at what documents will be required for a divorce in different situations, and what the procedure looks like in general.

General points

Divorce proceedings in the presence of minor children require knowledge of numerous nuances, which it is recommended to be aware of in order to eliminate the likelihood of various misunderstandings.

Basic Concepts

It is necessary to pay attention to the fact that in order to be able to submit an application to the registry office, several conditions must be met, namely:

the presence of mutual consent of the parties to divorce;
the spouses do not have joint minor children - under 18 years of age.

For young children, divorce can only be initiated in court. So, if the children are adults, what documents are needed for a divorce?

In this case, you need to prepare:

a statement that is formed according to generally accepted rules Russian legislation for divorce;
internal passports of the Russian Federation + copies of all completed pages of each spouse;
about payment .

It is important to remember that if you have minor children, it is impossible to obtain an official divorce through the registry office.

At the same time, according to the legislation of the Russian Federation, the territorial department of the registry office can divorce if there are minor children together if:

the spouse is declared missing;
one of the spouses is incapacitated;
one of the spouses is in prison (for more than 3 years).

This nuance must be remembered in order to eliminate the possibility of various misunderstandings.

Through the court

Let's take a closer look at what documents are needed for a divorce if there are minor children through the court? A claim form for divorce is available.

The application to the judicial authority must include basic information about each party and personal information about the child.

If the child is 14 years of age, then in addition to the details, the corresponding statement of claim should indicate passport data (series, number, by whom and when it was issued, and so on).

Additionally, you need to indicate the circumstances that became the reason for the divorce process.

If, before the trial, the applicant made attempts to peacefully resolve the divorce process, then this nuance must be indicated in the text of the application.

In addition to the statement of claim itself, it is necessary to draw up a demand for accrual.

In this case, it is necessary to indicate the amount of monthly payments that will be requested from the defendant, as well as a detailed reasoned decision.

If small child, then to statement of claim Additionally you need to attach:

a copy of the applicant’s internal passport;
original marriage registration certificate;
original birth certificate of the child;
a signed marriage agreement – if available;
regarding the residence of minor children with the initiator of the statement of claim;
a certificate that can confirm the amount of monthly income of each party;
title documentation for existing property - in case of its division during the divorce process.

It is necessary to pay attention to the fact that in case of consent to divorce, the written consent of the second spouse (direct defendant) must also be included in the general list of documentation.

Additionally, you need to remember that in 2019 the size is 850 rubles. At the same time, if additionally we're talking about about the division of property, the amount can be significantly increased.

Video: what documents are needed for divorce through court

After the relevant decision has been made by the judicial authority, the former spouses will need to contact the territorial department of the registry office in order to issue a certificate of divorce between the spouses. Everyone will have to pay 850 rubles for their document form.

Upon divorce by mutual consent

If a decision is made to divorce by mutual consent of the parties, the list of basic documentation for the plaintiff and defendant is as follows:

internal passports of both parties + copies of all completed pages;
statement of request to initiate divorce proceedings;
the original birth certificate of a minor child - if he is under 14 years old;
child’s passport + copies of pages – if he reaches 14 years of age;
consent of the second spouse to the divorce procedure - in order to file for divorce by mutual consent, the document is mandatory;
receipt of payment of state duty in the prescribed amount.

The list is not exhaustive and, if necessary, can be expanded at the request of the judicial authority.

How does a child agreement work?

In the event that the relationship between ex-spouses remain normal, then qualified specialists advise them to meet before the start of the trial.

With whom exactly are the minor children planned to continue living after the divorce process is completed?

In particular, you need to take this decision with all, since in this case the future fate of a minor is decided. In the presence of sincere love, it is recommended to make wise choices. In particular, you need to pay attention to the following nuances:

child's age;
which parent the children are more attached to;
what living conditions can each spouse provide.

Among the additional criteria, it is customary to highlight the territorial remoteness from the place of residence of one of the parents to the child’s place of residence. preschool or schools, since you will need to attend them every day

Is there a desire, and will the immediate parents jointly raise their common children in the future, or will it be entrusted to the shoulders of one of them?

During the discussion of this issue, it is necessary to further touch on the topic educational process and children's leisure activities

How exactly will the maintenance of a minor child be organized?

When discussing such an issue, it is necessary to think through everything to the smallest detail, since it is impossible to educate and raise children without appropriate financial costs. Additionally, it is recommended to provide information about

It is necessary to pay attention to the fact that these are the sections that should be in mandatory specified in the child agreement.

In most cases, the document additionally includes an agreed section regarding the regularity of meetings of one of the parents who is forced to leave the family; if necessary, it is necessary to create a schedule of meetings.

It must be remembered that the above sections should be considered as such as the main ones.

At the same time, the spouses have legal right if necessary, make personal amendments to the structure of documents, expanding or narrowing the list of sections.

How to prepare a package if there are no children

The main package of documents in case of divorce proceedings through a court case includes:

a statement that is formed according to the generally accepted rules of Russian divorce legislation;
a completed certificate of family composition;
receipt of payment of state duty;
documentary evidence of marriage registration;
internal passports of the Russian Federation + copies of all completed pages.