Future mother 

When they get divorced, they immediately give a divorce. Shared ownership section. Ways to shorten the divorce period

Divorce is necessary when the spouses actually stop living together and running a common household. According to the laws of the Russian Federation, all property acquired during marriage is considered jointly acquired, therefore, an application for divorce must be filed immediately after the termination of the relationship.

This is especially true in situations where one of the spouses plans to purchase real estate. All questions and difficulties that arise in the process of preparing for a divorce are easy to solve, knowing all the nuances of this procedure.

Where and in what cases are bred

For the official termination of relations between spouses, an appeal to the relevant authorities is required. Depending on the circumstances, you can change the marital status in one of the bodies:

  • territorial department of the registry office;

Divorce at the registry office is the easiest and fastest option that allows you not to waste time on the courts. It is not always possible, but only if several conditions are met:

  • mutual consent of both spouses;
  • absence of minor children;
  • independent decision on the division of property;
  • one of the spouses has been sentenced for more than 3 years;
  • divorce due to missing spouse.

In cases where changing the marital status in the registry office is impossible, it is necessary to file a claim with the court. In addition to failure to comply with the above points, you will have to apply to a magistrate if one of the spouses is not at the registry office to file an application for divorce.

It is important to remember that the divorce will be issued in any case, regardless of the consent of the other spouse. Under various circumstances, the process may be delayed, but in the end, the husband and wife will still become officially free from the bonds of marriage.

Divorce procedure through the registry office and the court: time and money spent

Divorce through the registry office takes much less effort and time than appealing to justices of the peace. Often the problem is that the possibility of divorce in the bodies where it was registered is not allowed by law.

According to the laws of the Russian Federation, if you want to dissolve a marriage, you must pay. Additional expenses may arise when the issue of division of property cannot be resolved without the help of the court.

The amount of the state duty depends on the circumstances:

  1. With the mutual consent of the spouses, an application is submitted to the registry office, in this case you will have to pay 650 rubles, according to data for 2016. State duty is levied on both sides.
  2. Divorce in the registry office unilaterally provides for a payment of 350 rubles. This procedure is possible when one of the following conditions is met:
    • one spouse is in prison and sentenced to more than three years;
    • the partner is declared missing;
    • one of the parties is incompetent, which is confirmed by a court decision.
  3. When filing a lawsuit in court, the amount of the state duty will be 850 rubles. This fee is payable only for the very fact of filing a claim. After making a decision on divorce, it will be necessary to apply to the registry office, where you will have to pay 850 rubles for the execution of all documents and a certificate. to every spouse.

It is important to know that amendments to the legislation, according to which a state duty in the amount of 30,000 rubles will have to be paid for the divorce proceedings, have not been adopted. Accordingly, you will not have to bear any additional costs, except for the specified fees.

How many days after filing an application

After applying to the registry office for divorce, you can officially change your marital status in a month. This requires the fulfillment of certain conditions, which are described above. If all the necessary documents are filled out correctly and appear in time at the registry office, 31 days after the application is submitted, the spouses can receive their certificates confirming freedom from marriage ties.

In case of a divorce through the court, the terms completely depend on the following conditions:

  • consent of both parties to the dissolution of the marriage;
  • the existence of disputes concerning common children;
  • controversial issues considered by the court in a separate order.

The minimum period provided for the official termination of relations is 1 month. In the most difficult situations, the procedure can take up to 4 months. Even after the decision to dissolve the marriage is made, one of the parties may file an appeal (disagreement with the decision), after which the process will be resumed.

How long can a divorce through the court take, options

As mentioned earlier, a divorce through the courts can take 1 to 4 months. After the filing of the claim, the date of the meeting is set, not earlier than 30 days from the date of the appeal. A month is given for the reconciliation of the spouses, in which case the divorce case is closed.

It should be borne in mind that the period given for the reconciliation of spouses, can be extended up to 3 months in cases where one party is against the divorce.

There are several options for divorce through the courts:

  1. Both spouses did not appear at the hearing. In this case, a decision is made to terminate the process due to reconciliation.
  2. One of the spouses is absent from the court. In this case, an additional period for reconciliation is granted. Additional time is determined by the judge, if the failure to appear is for serious reasons - the court is postponed to a date when both parties can be present. If there is an application for consideration of the case without the presence of one of the parties, the consideration of the case is possible in absentia.
  3. Both spouses are present in the meeting room. In this case, the terms depend on whether the parents independently determined and resolved property disputes. If the rights of children are not violated and there are no property issues, the claim is satisfied at the first meeting.

In case of disagreement between the parties, before dissolving the marriage, the court determines the place of residence of the children, the amount of their maintenance, and decides on. Only after clarification of all issues, a decision is made to terminate the marriage. Spouses are considered officially free from marriage ties from the moment the claim is satisfied.

What you need to do for a quick divorce through the court

If it is impossible to live together, most couples want to get a divorce as soon as possible. Even if it is necessary to urgently dissolve the marriage, any reduction in the prescribed period is illegal. Divorcing at the registry office instead of the court is also a violation of the law, in which case the procedure will be considered invalid and the spouses will have to repeat the procedure again.

In order for the court to make a positive decision on the claim in a short time, several conditions must be met:

  1. Convince your spouse of the need to officially end the relationship. If one side is categorically against it, they can give for reconciliation up to 3 months which will significantly delay the whole process.
  2. Draw up an agreement on who the child will live with and on the procedure for the minor to communicate with both parents. Consent should be notarized and presented to the judge to prevent unnecessary questions.

It should be remembered that an independent agreement on the division of children will not only speed up the divorce process, but also avoid psychological trauma in the child. To resolve this issue in court, the baby will need to talk with psychologists and conduct various examinations that negatively affect his nervous system.

  1. Decide in advance on the division of property. If this is done by the court, the process may be delayed. In cases where it is necessary to share a lot of jointly acquired, meetings can last more than six months.

Fulfillment of these conditions will allow you to settle all the formalities in the shortest possible time provided by law.

When You Can't Divorce Quickly

In some situations, it is impossible to get a divorce quickly. It concerns filing for divorce by a spouse during the wife's pregnancy. Any reasons that caused the husband's desire to dissolve the marriage will not be taken into account and he will be denied acceptance of the application, in accordance with Article 17 of the Family Code of the Russian Federation.

Moreover, he will not be able to file a claim even after the birth of the baby, until he reaches the age of 12 months. This situation is the only obstacle to divorce.

Cases where there are doubts about paternity or it is known for certain that the spouse is not related to the child the wife is carrying are no exception. In this situation, he will also not be able to file for divorce until the baby is one year old. You can officially end a relationship only with mutual consent to a divorce.

How to quickly divorce your husband if you are pregnant

It is possible in two cases:

  • the initiator is the wife;
  • the initiator is the husband, but there is a certified consent from the wife.

In the case when there are no common children in the family yet and both agree to end the relationship, an application can be submitted to the registry office and in a month you will receive documents confirming freedom from marriage. If there are already minor children or the spouse is categorically against a divorce, you will have to file a lawsuit in court.

It is worth remembering that, despite the possibility of divorce during pregnancy, the ex-husband will be considered the father of a child born within 300 days after the official termination of the relationship. An exception is the situation when the mother indicates another man in the documents and the former spouse does not mind.

The process of dissolution of marriage during pregnancy is no different from the usual. Simultaneously with a claim for divorce, a woman can file a claim for alimony. This right is reserved for her for the entire period of pregnancy and for 3 years after childbirth. The future mother is obliged to substantiate the specified amount for her maintenance to the court. After the birth of the baby, you should immediately apply for alimony, which will be paid until the child reaches the age of majority.

If a woman decides to file a lawsuit at the end of pregnancy, it should be remembered that the process may be delayed and you may not have time to get freedom from marriage ties before the baby is born.

How quickly can you get a divorce by mutual consent

Divorce by mutual agreement requires much less time and nerves. When the husband and wife decide that they can no longer live together and that the relationship should be officially terminated, an application for divorce should be filed.

  1. To the registry office in the absence of property disputes and minor children.
  2. To court - in all other cases.

It should be remembered that even with mutual consent, the absence of property disputes and an independent decision on residence and payments for children, it will not work to get a divorce in the registry office if the children are under 18 years old.

In order for the court not to postpone the meeting, it is necessary to attach to the claim immediately all the documents confirming mutual agreement and the absence of controversial issues:

  • agreement on the residence and maintenance of children;
  • application for independent division of property.

In addition, it is necessary for both parties to appear at the meetings in a timely manner so that the judge does not have thoughts of reconciliation and disagreement of one of the parties. The judge can satisfy the claim already at the first meeting, provided that both spouses have expressed their consent to the divorce and the rights of the children are not violated.

Is it possible to shorten the divorce period through the registry office

The minimum period for dissolution of marriage in the registry office is 1 month. You can't get divorced before, no matter what the circumstances. This period is necessary in order for the spouses to consider their decision if the application was submitted in a fit of anger and anger. Often during this month one of the spouses comes for a statement - there is no need for a divorce.

If the registry office or third parties offer to issue a divorce in a shorter period, you should know that these are scammers. Even if a certificate is issued, such a decision can be easily challenged and it will be invalid. Accordingly, subsequent marriages are null and void and all property is still common.

Will a marriage lawyer help you get a divorce faster, how much will it cost

When resorting to the help of a marriage lawyer, one should not hope that the terms of the process will decrease. Rather, it is necessary in order not to waste your time visiting the court and collecting all the necessary documents. Although the deadlines do not decrease, they will not be delayed, the reason for this is the accurate and competent execution of all necessary documents, a clear statement of the requirements and wishes of the client in court, and the lack of emotion.

As a rule, the cost of services of a marriage lawyer includes a set of services that allows you to accompany the client during the entire divorce process, from filing an application to obtaining a certificate of divorce. The main services provided by a lawyer:

  • drawing up a statement of claim, assistance in preparing the necessary documents for submission to the court;
  • payment ;
  • representation and protection of the client's interests at all meetings. In some cases, each is paid, but more often, the total cost of services includes attendance at as many meetings as necessary to satisfy the claim;
  • relieving the client of the need to personally attend the court;
  • timely transmission of information on the results of each meeting;
  • receipt and transfer to the client of all divorce documents.

It is reasonable to use the services of a marriage lawyer when there is no time for courts or a bad relationship with a spouse and there is no desire to see him. The cost of the services of a marriage lawyer differs depending on many reasons:

  • private lawyer or law firm;
  • region of residence;
  • process complexity.

The range of service prices is from 15 to 50 thousand rubles, while the minimum cost includes the collection of documents and attendance at meetings, subject to the consent of both spouses and the absence of disagreements.

As a rule, the resolution of property disputes is paid additionally. Despite the high cost of services, the absence of the need to go to court and draw up additional claims will greatly facilitate life and help avoid prolonged nervous tension.

Question answer

Below are answers to the most common questions.

Which court should I go to to file a claim?

Answer: in order to file a claim for divorce and payment of alimony for the maintenance of minor children, as well as to resolve contentious issues on the division of property worth less than 50 thousand rubles, it is necessary to apply to justices of the peace. By law, an application must be filed at the defendant's place of residence, with the exception of the situation when the plaintiff is unable to arrive at his place of residence for the following reasons:

  • health condition does not allow to leave their area;
  • the presence of a minor child living with the plaintiff.

Disputes about the division of property, the value of which exceeds 50 thousand rubles, are resolved in the district court, as well as issues related to the residence of children.

At what point is a marriage officially considered annulled?

Answer: on the day when the decision of the court to satisfy the suit for divorce enters into legal force, the person becomes free from the bonds of marriage. It should be remembered that until the moment the certificate of divorce is received, it will not be possible to officially formalize a new relationship.

What about the division of property registered in the name of a child?

Answer: the property of a third party (even if it is a minor child of the spouses) is not subject to division. It remains with the child, the right to use the property belongs to the legal representative of the baby (the parent with whom the child remains after the divorce).

video consultation

Irina Makedonskaya talks about the divorce procedure through the registry office in great detail and in detail.

When a married couple breaks up, the divorce process takes not only strength and nerves, but also a lot of time.

This article will help the reader get a rough idea of ​​how long a divorce lasts in modern realities.

It directly depends on how the spouses decided to end the relationship between themselves.

In addition, the list of requirements put forward by the interested party also affects the duration of the divorce procedure.

For example, if, in addition to the termination of a marriage, the dispute also concerns property, the process of dissolution of a marriage can significantly lengthen in time.

Also, the duration of a divorce can be affected by the presence of small children in the family. Then the court can give the husband and wife a certain period of time to try to reconcile. It will also push back the time allotted for divorce by a few months.

In a word, in each case, the period for processing a divorce may differ.

How long does a divorce through the registry office take

Such an opportunity exists when the people themselves do not mind getting a divorce, they do not have small children and property claims.

But there are also exceptional situations in which even one of the spouses has the right to file an application for divorce with the registry office.

This happens when the court:

  • declared a second family member missing or dead;
  • convicted her husband (wife) for a crime to imprisonment for 3 years or more.

According to the legislation, the deadline for filing a divorce through the registry office is exactly one month from the date the spouses submit a set of all necessary documents.

However, within this period of time, people can change their mind and withdraw the divorce application.

Terms of divorce when applying to the court

How long does a divorce process take? If the divorce occurs in court, then you should focus on the following approximate time frame.

In the case of filing a divorce suit with a district court, the case in first instance is heard within two months.

However, it is possible that the consideration of the dispute may be postponed for a period of up to 3 months in order to reconcile the spouses.

However, the verdict of the court of first instance will not be final yet. The legislation allocates one month for its revision. If this period has expired, then the will of the court regarding the termination of the marriage will come into force. After that, each of the spouses can apply to the registry office for divorce papers.

When the party files an appeal against the decision of the first instance to terminate the relationship, the final fate of the marriage will be decided after the case is heard in a higher court. It may also take up to 2 months. And after that, it is worth filing documents on the dissolution of marriage in the registry office.

Therefore, you should be prepared for the fact that the divorce process with the help of the court can take six months, or even more.

Reducing divorce time

However, there are several options when the process of terminating a relationship with the help of a court can be significantly shortened in time.

For example, both spouses or their representatives will come to the first meeting and confirm their desire to divorce.

Then, as a rule, the court can immediately make a decision. At the same time, it will come into force anyway only in a month.

An appeal to a justice of the peace can also speed up the divorce. He will be able to dissolve the marriage within 1 month. In this case, there are several conditions. So, spouses should not have a dispute about children, as well as about joint property. Then the case can also be decided in the course of one meeting.

How long does a divorce last if there is a child

It has already been said above that when a child grows up in a family, this also affects the duration of the divorce.

Again, the judge may give the parents time to reconcile (especially if it concerns the interests of the child).

In addition, several additional meetings may be required, during which questions regarding the future fate of the child will be decided.

These include his new place of residence, change of initials, the order of communication with the second parent, the amount of alimony, etc. Therefore, a divorce in its duration can be pushed back for a certain time.

Deadlines for the division of property

Legislation allows you to deal with the issue of the division of common property even after the marriage has already been terminated. However, there is a three-year statute of limitations for this. However, in the Family Code of the Russian Federation, the norms are written out in such a way that it is not clear from what moment this very limitation period should be calculated.

In practice, it has become customary that three years are taken into account from the moment the divorce is legally registered. However, in reality this is not entirely true. The situation is that even after the marriage is dissolved, the property acquired by the spouses continues to be in common ownership.

By Russian legislation An application for divorce can be submitted to the registry office or to the court. The procedures are somewhat different. Those who do not have children in marriage or whose children have already grown up go to the registry office, i.e. they are 18 years old. In addition, through the registry office, if:
convicted of a crime by a court verdict and sent to a colony for a period of more than 3 years,
declared missing or missing.
Through the Magistrate's Court, divorce is necessary for those who have minor children or if one of the spouses does not want to get divorced.

Divorce in the registry office

In accordance with the requirements of the law, an application for divorce is submitted by both spouses. If one of them is absent (for example, he is serving in the army), he can send the document by mail, but the applicant's signature on it must be notarized.
Commanders of military units, heads of correctional institutions, captains of ships, chief doctors of hospitals, etc. have the right to certify signatures.

The application contains the passport details of the spouses, place of residence and a request for a divorce. Attached is the marriage document. If necessary, the spouse provides a court verdict or a decision declaring the other half missing or missing. It is necessary to pay a state duty in the amount of 400 rubles.
The marriage ends no earlier than a month later. This period is given to the husband and wife for reflection, because they can change their mind, wait a little and save the family, especially if the wedding took place recently. After 30 days, the spouses can come and receive a divorce certificate or withdraw the application. Thus, if a divorce occurs through the registry office, the waiting period is 1 month. Marriage is terminated at the moment of making a record of its dissolution.

Divorce in court

A slightly different procedure for divorce in court. The application is submitted by the husband or wife. As a rule, in each world court there are samples of such statements. It must be accompanied by a marriage certificate, birth documents, other evidence confirming the reasons for the breakup of the family and a receipt for paid state duty in the amount of 400 rubles.
In the magistrate's court, all cases are considered within 1 month. But divorce cases have exceptions.
About a week later, the husband and wife are called in for a conversation, during which the court tries to reconcile the parties. This period is not always included in the hearing period.
Based on the results of the conversation, a court session is scheduled. Cases of reconciliation of spouses in court are not uncommon. If the husband and wife wish to think about the preservation of the family, the court, at the request of one of them, has the right to give them time for reconciliation from 1 to 3 months.
After its completion, the case ends either in divorce or reconciliation. As practice shows, dissolution of marriage in court is more protracted. And it can take from 1 to 4 months from the submission of the application.
If a claim for the division of property is filed simultaneously with the divorce, the terms may be more extended. After all, you will have to provide additional evidence and call witnesses.

It is also necessary to take into account the period during which the court verdict enters into force. It is 30 days. Thus, in total, waiting for a divorce can take from 2 to 5 months, and the marriage ends on the day the court decision comes into force.

Sources:

  • Family Code of the Russian Federation

Legislation Russian Federation provides for several ways to dissolve a marriage. For persons who do not have common minors children, with mutual consent, divorce is provided for in the civil registry offices. This procedure is simplified and, of course, will require less time and effort than divorce in court.

Instruction

Determine the civil registry office where you plan to apply - to the registry office at the place of registration (propiska) of one of or where you registered your marriage.

Pick up the following documents: a passport of both spouses or another identity document, a marriage certificate, as well as a receipt for payment of the state fee, the details of which you can find in the registry office.

stumbling child

If the family has a common child, mom and dad will not “run up” in the usual manner. The state immediately enters the process, protecting the rights of a minor citizen. The procedure for such a process is as follows:

One of the spouses writes an application to the world court of his district or locality, where he asks to dissolve his marriage, indicating a good reason. For example, the impossibility of living under the same roof due to the inappropriate behavior of the spouse, the presence of a second family, the refusal to support a joint child.

Three documents are attached to the reasoned application - the original marriage certificate, a copy of the child's birth certificate and a state duty receipt for 400 rubles.

But if the defendant is sentenced to a term of three years or more, is declared missing in court or is incompetent, the state duty is 200 rubles.

Before you go to the court office, get copies of all documents in advance. And ask the secretary to make sure you give her exactly the documents you need. Do not forget to also write down the phone number, the names and surnames of the judge and the secretary.

All rise, the court is in session!

After some time, the plaintiff and the defendant will receive subpoenas with the dates and times of the court session. By the way, bringing a child with you, especially a minor, which young and inexperienced parents sometimes get carried away with, is not recommended. It definitely won’t be able to help, but it’s easy to interfere, especially with the judge! It is better to invite an experienced lawyer.

Contrary to the opinion of some inhabitants, a quick divorce usually does not happen. Even after carefully studying the statement of claim, written, as a rule, chaotically and emotionally, the judge will definitely ask both parties to speak and ask about the motives for the divorce. After that, he will offer to make peace, giving a period of one to three months.

The so-called good reasons may serve as grounds for shortening the period for reconciliation of the parties. For example, when those who are getting divorced have not lived together for several years or are in a civil marriage with other people.

But if the intra-family situation does not change for the better, the conflict is not resolved and the plaintiff does not disavow his statement, the justice of the peace will have the right to announce the divorce decision, giving the losing party a period to appeal.

Mutual agreement

Having learned that the legal spouses could not agree, the judge may not find out the motives and limit himself to issuing a verdict. In a situation where it was not possible to reach an agreement, including on the maintenance of the child, the judge will have to decide: with whom exactly will he stay, which of the parents is obliged and in what amount? It will also be necessary to consider, in the event of such a requirement, the issues of the division of jointly acquired property and the maintenance of the second spouse in case of his incapacity for work.

half for you and half for me

The judicial procedure for the division of property is almost the same. The main difference: the size of the state duty is not fixed here. It depends on the total value of the disputed property. In case of disagreement between the parties, the judge has the right to decide on the examination.

You fall in love, make friends, and finally understand that it's time to take one of the most important actions in life - to file. What should young people know when they decide to become a family? Is it easy to get on the honeymoon list?

The most important question people are puzzled about is how many months it takes to submit an application to the registry office. Reception of documents is carried out a maximum of two months before the expected date of marriage. This period may be shorter if you have good reasons provided for by law. These include pregnancy or any health problems. In this regard, with the provision of certificates, according to the legislation of the Russian Federation, the registry office is obliged to reduce the time even to several days.

Application Rules

An important issue will be the change of surname. In most cases, the wife takes the husband's surname, but there are cases where the family decides to live under a double surname or the wife's surname. There will be no problems with such a desire, since everything is provided for by law. All this is written in the application on the day of submission.

Arriving at the registry office, you have to fill out questionnaires and the application itself. It contains all the passport data. If either of you was previously married, it is important to take a certificate of divorce. Without it, there may be problems with the acceptance of the application.

Delusions

When people say that they will get married on a certain day and there is still a long time before this event, they most likely only planned and are now at the engagement stage. Their application could not be accepted.

There is no civil marriage and no application is required. It implies only cohabitation and does not imply any obligations.

One person can also apply. To do this, you need to take an application from the registry office in advance, which your partner will fill out. Then it must be certified by a notary, only then it is valid and considered.

Submitting an application is not a free process, the state fee is 200 rubles and is payable at any bank.

On Sunday and Monday, registration of marriages is not carried out, as well as on the last Thursday of the month - a sanitary day. It is better to clarify such information directly in the registry office where you will register. On Fridays and Saturdays, a solemn marriage is usually held.

You can get married without a solemn march, so everything will go much faster. You just sign the application, the passports will be stamped and a certificate will be issued. But, of course, people want the wedding to be remembered by both themselves and the guests.

Applying to the registry office and getting married is a simple matter. Living your whole life with one person is much more difficult. But if you are ready, then boldly go and wait your turn for the official registration of the family!

Divorce is a rather complicated and exhausting procedure. And when the spouses have joint children, then it is even more difficult.

Who will divorce a couple with a child?

A decisive role in the question of whether there is a child is whether the spouses were able to agree on the role of each in his life even before the termination of the marriage.

If you can resolve these issues amicably, then the divorce in the presence of children will be processed by a justice of the peace and will take much less time. You can find out more about the timing of divorce through the court.

When two parents want to raise their children on their own, while they fully satisfy the conditions for doing this, then the judicial process will become more complicated.

If, however, they are unable to discuss issues affecting the interests of the common child of the divorcing spouses and cannot at all agree on his future fate, then they will have to be resolved in a court of general jurisdiction.

Moreover, the court will be able to resolve claims in disputes about children both within the framework of the divorce process itself and after the divorce (if one has already been registered between the spouses).

When determining territoriality, the general rule for filing a lawsuit with a court applies: it is filed with that judicial district or with the court of that locality or region where the place of residence of the defendant (that is, the spouse) is registered.

In exceptional cases, an application-claim may be accepted to the judicial authority at the place of residence of the plaintiff (wife):

  • if she has a small child with her (and this is true when divorcing a child),
  • if it is difficult for her to come to a certain court for divorce due to her health or disability.

Also, both spouses can determine the most convenient judicial authority for filing a divorce in the presence of children by mutual agreement and mutual statement with justifications.

What will the judge find out?

If the divorcing spouses, even before filing a divorce suit, entered into an agreement on determining the place of residence of the minor child (children) and on the procedure for communicating with the child (children), then these issues will no longer be considered by the court.

But if they failed to reach such an agreement, then applications-claims in a dispute about children are filed with the court.

The application form for divorce, if there is a child, does not differ in any way from the usual statement of claim for divorce. You can find sample applications for disputes about children below.

The court, which is one of the bodies protecting the interests and welfare of minors, will decide two issues regarding the joint children of a divorcing couple:

  • Which parent will the child live with after the divorce?
  • in what order will the visits of the child and the parent with whom he will not live together take place.

Also, at the request of the spouses, in the same trial, it is possible to resolve a dispute over the payment of alimony for a child. It will even be convenient if the court immediately determines which of the parents the child will live with and who will pay material assistance for his maintenance.

In order to resolve these issues as fairly and correctly as possible in accordance with the letter of the law, the judge must consider many nuances. In order to provide all possible assistance to the court in this matter and protect the interests of children, a representative of the guardianship and guardianship authorities must be invited to the court session.

Whether a child will stay with mom or dad after a divorce will become clear when the judge examines the financial situation of both spouses, living conditions, work and employment during the day, health, moral behavior, the presence of other children and many other circumstances.

In practice, it often happens that the child is left with his mother. Especially if the child is still young and it is difficult for him to do without outside help. But the father has the opportunity to appeal this decision and insist that the court leave the child with him.

Sometimes, when there are several joint children in a family, the court will be able to determine the place of residence of one of them with their mother, and the other with their father. The interests of any of the children should not suffer from this.

When the child turns 10 years old, he will be able to express his opinion to the court on this issue, and the latter will be obliged to take it into account when making a decision.

In article 66 of the Family Code of the Russian Federation, a father (or mother) who does not live with his child is given the opportunity to see him freely and participate in his upbringing. The second parent is forbidden to interfere with this in any way.

The court, when hearing the opinions of both spouses, will determine the order of visits with the child, up to the number of days per week and hours per day. Provided that such an agreement is not reached by the spouses in advance, before the divorce.

The court will also be able to determine how the child of divorcing parents communicates with their grandparents. Article 67 of the Family Code of the Russian Federation provides for such an opportunity for them. Only by that time the child should be ten years old.

What documents to bring?

Some plaintiffs are at a loss and do not immediately understand what is needed for a divorce if there is a child. The documents you will need are almost the same as for a regular divorce:

  • statement of claim in the prescribed form,
  • identity cards of both parents,
  • marriage certificate (original),
  • receipt for payment of state duty ( details for payment of state duty for divorce you will find ).

You will also need to attach:

  • birth certificate of the child(ren),
  • agreement on children (if any),
  • maintenance agreement (if any)
  • statement of claim in a dispute about children (if the spouses have not agreed).

How long does a divorce last if there is a child?

A divorce complicated by disputes about children can drag on if the spouses cannot reach an agreement, and each insists on his own.

Do you know that

When one of the spouses does not give a divorce, then the court may determine the period for reconciliation. However, it aggregate will not exceed 3 months.

Such litigation drags on from several months to one year, and sometimes longer. This is a hassle, cash costs, constant exhausting court hearings for both. Therefore, lawyers advise a divorcing couple to make every effort to reach an agreement, or to turn to competent specialists who will help complete the divorce process quickly and with the least loss for both.

If the spouses both agree to a divorce and agree in advance on the issue of children, then they will be able to divorce them only within a month.

It often happens that there are no disputes about children, but one spouse does not want to file a divorce, then the judge is given time to additionally consider his decision and the possibility of reconciliation. Court hearings may be adjourned several times. But it won't last longer than three months. Then the spouses, if one of them still persists and wants to dissolve the marriage, will still be divorced.

That is, ideally, your divorce process will take from one month (this is how long it takes between filing a lawsuit and holding a court hearing) to four (since the judge will be able to postpone court hearings up to three months). Provided that the dispute about joint children is resolved as quickly as possible.

The court will not divorce

If there is a child under the age of one year, then you cannot get a divorce if the mother of the child does not want it

Russian family law provides for two cases in which the court will not accept and will not consider an application for divorce initiated by the husband:

  • wife's pregnancy,
  • common infant.

Divorce in the presence of children in this case can take place only if the application is submitted by the wife herself.

What is the child's last name?

And it is advisable for parents to agree on this issue in advance. Although here sometimes, wanting to annoy each other, each spouse "pulls the blanket over himself." It is more convenient for the mother that the child left to live with her bears her maiden name, which she returned to herself after the divorce. It is important for the father that the surname is his. A child is also able to help resolve this issue and choose a surname for himself, but for this he must be 14 years old.

The mother has advantages here: she will be able to give the child her last name, despite the father’s desire, if he is deprived of parental rights, declared incompetent, or his whereabouts are not established.

In practice, very often spouses leave one common surname for themselves and their children even after a divorce. It’s more convenient for everyone: it’s familiar, you don’t need to change documents, you don’t need to argue about changing it, there will be no unpleasant situations when the parent and child do not have the same last name.

If you still have questions about how to get a divorce, if you have a child, then ask them in the comments