Youth and beauty 

What are the necessary documents for divorce with the child? Where to submit documents for divorce? How to apply for divorce if there is a child - expert advice

If you are going to terminate the marriage (and the solution is solid), but your spouse does not agree to this, then you need to find out how to properly submit to unilaterally.

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

Applications and calls are accepted around the clock and seven days a week..

It's fast i. IS FREE!

We define what norms of Russian legislation are valid in 2019. Frequent phenomenon - divorce when there is no mutual agreement between spouses.

Its initiator often becomes only one person, and most often it is a wife. But few at the conclusion of marriage thought that once would have to find out the features of his termination unilaterally.

This procedure is carried out in each region of the Russian Federation, both in court and in the registry office.

The nuances of each method of divorce caused the reason for the cessation of relations between spouses and other important details of the case.

Basic information

The person who decides to apply for a divorce is simply obliged to understand all major issues to avoid the emergence of unpleasant situations.

Find out what divorce is what legislation standards to rely on, and what the rules of appeal to the authorized instance to comply with.

Necessary terms

Marriage call a family relationship between people. The termination of the marriage (divorce) is a legal procedure, when conducting a marital relationship to the future.

Procedure

The marriage process, at the request of one party, may occur only in some cases provided by law.

Anyone has the right to personal freedom, the manifestation of the will, regardless of what desire it has a second spouse.

Given the peculiarities of a certain situation, the divorce may be regular - in the registry office, as well as implemented in the judicial instance.

In standard situations, the cessation of marriage cannot be one-sided. For this, the presence of desire, obtaining the consent and the presence of both spouses.

If at least one condition is not fulfilled, then the Unilateral Unilateral Unilateral is terminated.

The reason for the presentation of the application is only one side:

The statement of one-sided termination of the marriage can also be served:

If your second half is not against divorce, then the case can be considered remotely. You can simply send a request to the judicial authority or registry office, assuring it in a notarial office.

Possible transmission through. Place the divorce turns out as quickly how productive is the dialogue between spouses.

If there is no controversial situation, both sides came to agreement, the judge will sign the documents within 20 minutes after the meeting begins in court.

If after this side did not agree, the marriage will be terminated unilaterally.

It happens that the judge refuses to divorce. But there are not so many such situations. There is no right to dissolve the marriage in her husband, the wife of which is pregnant or the child has not marks the year.

The court will consider the case in 5 days after the provision of the application. If all the requirements have completed that it is taken into production.

Assign a conversation to which every spouse is called. There will be a number of problems and issues. After that, the definition of the appointment of meetings is made.

Civil case in the usual situation is considered 2 months (no more). But such a term increases when it is suspended for examination, etc.

The court can make such a decision:

  • satisfy the request of a citizen about divorce;
  • not satisfy;
  • delay the consideration of the case if the conflict may decide.

Termination through the court must be registered in order that is established for registration of civil status acts.

When the decision comes into force (after 3 days), the court heads the statement of the registry office at the place where marriage was registered.

Through the Internet

A fairly convenient way to apply - the Internet. So you will not need to once again meet with your spouse and call each other negative emotions. But there are a number of restrictions.

In the presence of a minor child or with the refusal of the second spouse, it is worthwhile to have a court decision.

To send an application to the registry office, you need to register on the Public Services portal. Enter into the appropriate graph data from the passport and SNILS.

Confirm the registration and find your region. Lay out the registry office section.

Note that the notice of registration will be presented as a regular letter, which will be sent by mail. Can also pass into hand when you appear in the Rostelecom office.

It is worth choosing the service "Termination of marriage" - "unilaterally". Enter the requested information and select a date when you are more convenient to come to the registry office.

The service has the ability to download a form where details will be reflected for payment.

Arising nuances

The marriage process in the presence and absence of children is somewhat different.

Out to the general moments that will play a key role for the procedure. Can you always part with the second half without any problems?

If there is a baby

It has already been mentioned above that the divorce at the request of one party cannot be carried out if such a desire does not support a pregnant wife or a child has a child. In other cases, the termination procedure is permissible.

If a pregnant or mother of the baby becomes the initiator of the divorce, then she takes for her well-being in financial and material plan.

You will be divorced if there are minor children when the spouse is recognized as incapable and cannot realize what is happening, or in prison, or disappeared.

The fact that the person is missing missing will be valid if there are no information about the missing person throughout the year.

The basis for recognizing a missing absence is the inability to determine the date when information was about him. How to deliver unilaterally if there are children?

Application is submitted at the place of registration or permanent residence of the applicant. When considering the case, the prosecutor will be present.

If there are no children

If there are no children in the family, there will be no obstacle to the dissolution of marriage. And the process itself will be simplified.

Both spouses will need to go to court to apply. If one spouse does not want to divorce, then it can be considered and on the application obtained from one side.

Changes to the registration book are made, and a sample of evidence is issued if only one person is present.

Certificate that marriage is terminated can pick up from the state structure and the representative of the defendant.

With the section of the property

The termination of the marriage with the section of the property is one of the most controversial cases that lawyers work.

Property objects that are htched together are divided between spouses. But it is difficult to determine what exactly can be divided and what is not.

Sharely acquired property - the property that the spouses acquired when they were married. Not subject to section such things:

  • that one spouse received as a gift, or acquired for money that was presented;
  • that one spouse received as an inheritance;
  • that was the property of a person before marriage;
  • what was bought after receiving a marriage termination certificate.

Do not share things that are personal. This applies to clothing, shoes, personal hygiene items, tools for activities (for example, a car for a taxi driver).

Video: divorce unilaterally and other types of divorces

Cannot submit to the section of the property that belongs to the child, or purchased for use - clothes, books, musical instrument, etc.

And another restriction about money on bank accounts, which belongs to the child.

You can submit to the section of the property of such a plan:

  • immovable objects;
  • vehicles;
  • appliances;
  • what is obtained as a result of the activities of spouses;
  • non-tariff;
  • securities;
  • contribution to the bank;
  • jewelry.

Not all objects are divided literally. For example, real estate cannot be divided so as to maintain its full functionality.

When the family decided to stop relations, then it is important to make parting correctly.

Of course, in our time, many spouses simply live separately, without having burdening themselves with legal formalities for the termination of relationships among themselves.

However, this is not entirely correct. Therefore, in this article we will tell you where to apply for a divorce (in which registry office) and where to give a divorce if there is a child.

Their composition depends on the chosen marriage termination procedure, reasons for such a step, presence in the family of children, the availability of additional requirements, etc.

However, in any case, your personal passport will be needed, as well as confirmation of an official marriage. If the spouses have little children, then you need copies of their birth certificates.

It often happens that the divorce is due to good reasons. Such, for example, belongs to the abuse of a spouse alcohol or drugs. Then it is possible to provide documentary confirmation of the relevant facts.

During the existence of family relations, the spouses can enter into contracts among themselves. It is due to the marriage contract, agreements on the education of children and the procedure for alimony payments in their favor. If such arrangements between the pair are available, their content is also investigated by the court when divorced.

Where to apply for divorce

So, where to apply for a divorce? There are two ways: appeal to court or in any convenient registry office.

The last option is chosen when both spouses are not against stopping relationships and they will not grow up common little children.

True, there are special cases of termination of marriage through the registry office: we will tell about it in detail a little further.

In the rest of the same options, the case is considering the court.

What court to apply for divorce? It is important to choose the right address where to contact. As a general rule, the statement of divorce is submitted to that court, whose jurisdiction applies to the territory of the defendant.

However, if the plaintiff brings up a small child or he is hard to ride in another justice body due to poor health, then you can contact your court.

When there are no disagreements between the spouses in terms of the future fate of the offspring, then the cessation of marriage can be issued at the magistrate. In such a situation, the issue of divorce is solved much faster.

Form of the claim for termination of marriage

When, with the choice of a court, all the questions disappeared, a turn came directly to prepare the claim.

It must contain the following data: you need to start with the court indication and its address, then in the document header lists the detailed information about the plaintiff and the defendant with the designation of their place of residence and contact data.

Directly the claim itself opens a description of the circumstances of marriage. In particular, you need to specify the place and date of registration, as well as the details of the marriage certificate.

After that, you need to go to a detailed description of the reasons that prompted to apply to the court. If the relevant circumstances are documented, the details of the relevant evidence should be given.

Then there is a turn of the presentation of information on common minors (if any). In particular, it is worth writing about their initials and date of birth. After that, it is necessary to set out your own (underlined, reasonable) opinion as to whom the children must be after parting the parents.

We now proceed directly to the statement of claim. In addition to the divorce, the request to the court may concern such questions:

  • distribution of joint property;
  • awarding alimony both for children and in favor of the second spouse (we recall that under the law it is possible);
  • definitions of the further place of residence of the child;
  • return to the wife of the former name, as well as changes in the initials in children.

All documents in copies must be attached to the suit, confirming the need for divorce. You will also need the original payment document on the state duty.

If only divorce is claimed in the lawsuit, then you will have to pay 650 rubles. When property claims are asked for consideration by the court, the court costs are entered in a certain percentage of the cost of disputed property.

Always the lawsuit itself and for other requirements are submitted in three copies: own, as well as for the court and the defendant.

Divorce through the registry office

It is no secret that this is the easiest way to part with a marital life. However, it can be applied far from all situations.

First of all, for a divorce with the help of the registry office, the mutual consent of the spouses is needed, as well as the lack of common minor children.

At the same time, the Family Code of the Russian Federation provides 3 situations when issuing a divorce through the registry office can be unilaterally, and even small children here will not be a hindrance. Here are these cases:

  • confirmation by the court of the fact that the second spouse is missing;
  • announcement of her husband (wife) under the court is incapable;
  • the condemnation of another family member for a crime, punishable by imprisonment for 3 or more years.

If the spouses decided to divorce on mutual agreement, they both should come to the registry office and write a joint statement. Its form approved by law. At the same time, each of the spouses fills its part of the document.

In addition to the application, personal passports will be required, marriage certificate, as well as bank receipts about the payment of state duty for divorce. It in the amount of 650 rubles makes each of the spouses.

When the divorce in the registry office occurs on the initiative of one person, then the application is submitted for another form.

A copy of the relevant decision of the court in relation to the second spouse is applied to it. The state duty in this case will be only 350 rubles.

Regardless of the circumstances, by virtue of which documents are submitted to the registry office, the divorce certificate is drawn up in a month. During this time, you can change and pick up the application.

If, along with a divorce, there is a problem with the property section, then you should contact the court. At the same time, the process of ownership can be started and after the dissolution of marriage. This provides for a three-year limitation period.

Marriage termination in court

This process occurs according to the following scheme. If all documents submitted to the law, the Court opens the proceedings and appoints the first meeting.

In the course of him, he finds out the position of spouses and determines which additional evidence should be additionally provided, and some of the witnesses need to be called to the courtroom.

Also, if the child has already been 10 years old, the court must take into account his opinion on the subject of which the child himself wants to continue to live.

When the second spouse is categorically against the divorce, then the family can be provided extra time (as a rule - 3 months) in order to reconcile. If it is not possible to establish relations under any circumstances, then the court has been breeding spouses.

In the final part, a number of moments should be reflected. First of all, this is the fact of marriage termination. Next is to resolve issues regarding the further fate of common children, including the procedure for payment of alimony on them. Finally, the Court can define a list of property that will depart with each of the spouses, as well as to restore the name of the divorce initiator.

Despite the fact that almost half of the marriages in Russia ends with a termination, who wanted to file a divorce, do not always know how to do it competently. Therefore, some families simply stop working together, and the stamp in the passport about the family status remains. But what if the moment came when you can't wait any longer and need a divorce stamp? To terminate the marriage in the presence of minor children, you need to know how to create and where to apply, what documents to prepare.

Where and how to apply for divorce, if there are minors children

To determine which authority to handle the divorce statement, you need to know a number of rules. The key role is played by whether children are common and do both spouses for divorce.

Table: Conditions for filing an application to the registry office and to court

When can be submitted to the registry office

The registry office will take a statement only if the child is not common. For example, the spouses decided to terminate their marriage, but there are two children in the family. The registry office will apply, since one of them is the son of his wife (from the first marriage), and the second is a husband, too, from another woman. Therefore, in a statement you feed in the registry office, you need to specify that there are no general children. In all other cases, the statement must be submitted to the court.

In a statement for divorce through the registry office, it is necessary to indicate that there are no common minors, even if there are children from previous marriages

In which court to file a claim for termination of marriage

By territorial jurisdiction, the claims for divorce must be submitted to the court at the place of residence of the defendant, except for the following cases:

  • a minor child lives with the plaintiff;
  • the plaintiff for health can not come to court at the place of residence of the defendant;
  • the parties agreed and concluded an agreement on the chosen court (the agreement must be written and attached to the application).

When choosing a trial, if a minor child lives with the plaintiff, the degree of kinship of the child with the defendant does not matter. But the application you need to additionally attach an extract from the house book, the birth certificate of the child and a certificate of family composition.

Also arises a logical question: the world court or district? More often bred through the world court. But sometimes the statement is accepted only in the district court:

  • if there are property disputes;
  • if there are disputes about alimony;
  • if there are disputes regarding the further living and upbringing of the child.

Divorce through the district court is usually more complicated. The process can be delayed for a longer period, additional documents may be required. In addition, the divorce through the district court is dealt with more detail, which means it is morally heavier perceived. Therefore, it is advisable to apply to the District Court only in the case when it was not fading to achieve mutual understanding in issues about property and alimony.

If there are minors children, but you want to divorce in the global court, you can agree and make a written agreement on the decision of controversial issues

In order to divorce through the world court in the presence of children, you need to prepare an agreement containing:

  1. Information about who will live children after divorce.
  2. Information about alimony (who and in what size will pay).
  3. The procedure for the implementation of parental rights of that parent, who will live separately from the child.

How to make a statement of claim: rules, shape and sample

For competent compilation, you can contact a lawyer. If you want to write an application yourself, you need to know some rules. The application must contain the following information:

  • marriage registration conditions (registry office, date, etc.);
  • children (FF, birth certificate, etc.);
  • the consent of another spouse for divorce (whether there is);
  • consent on the issue of alimony;
  • the possibility of reconciliation (if so, under what conditions);
  • cause of divorce;
  • directly a request for the dissolution of marriage;
  • list of attached documents;
  • signature and date;
  • other nuances that are important.

Simultaneously with the divorce in court, the requirements may not be considered:

  • about the recognition of marriage invalid;
  • about the deprivation of parental rights.

Application form on a divorce can be taken directly in court or make a suit at home

In addition to the cessation of marital relations, you can also specify as a reason:

  • non-fulfillment of parental duties;
  • alcoholism, drug addiction;
  • frequent conflicts, scandals;
  • separate accommodation;
  • refusal to ensure the family;
  • treason;
  • manual attribution;
  • violation of the conditions of the marriage contract.

However, the specified reason should be confirmed by applying evidence of your words. For example, if the reason for the "husband's alcoholism" is indicated, then you need to submit a certificate from a narcologist. If the application is written in the application, you can add photos.

The application for divorce simultaneously may contain the claim for the recovery of alimony

What documents need to have

To the application, it is necessary to attach the documents specified in the list:

  • copies of claims (for the defendant and third parties);
  • certificate of registration of marriage and its copies;
  • children's birth certificates (or copy certified by notary);
  • receipt confirming the fact of payment of the state duty;
  • power of attorney (if there is a representative);
  • a peaceful settlement agreement (if achieved);
  • marriage contract (if any);
  • income certificates (if necessary);
  • documents confirming the cause of the divorce;
  • the defendant's declaration of consent to divorce (if any);
  • the petition for the consideration of the case without the presence of the plaintiff (if necessary);
  • help about the composition of the family (or extract from the house book).

The full list of securities is not approved by law and depends on the nuances of each particular case. The court may request some other documents at its discretion.

For example, on the first hearing of the case of a divorce, the husband said that the reason was untolding, and allegedly the spouses still live together, although for the reason his wife wrote "separate accommodation". The judge listened to both parties and asked to provide documents confirming his words.

Video: Marriage dissolution in the presence of minor children

So, in cases where there are minor children from marriage, you can only divorce in court. The choice of the court depends on the territorial finding of spouses and the complexity of the case. The number of necessary documents also depends on the conditions of the wicked process, and to simplify the procedure, it is possible to conclude a peaceful agreement on the settlement of disputes and apply for a divorce not to the district, but a world court. In a situation where you doubt, you can turn to a lawyer.

To divorce in the presence of minors you can and in the registry office, and to court. The general rule is a judicial procedure for termination of marriage. In exceptional cases - serving the spouse of imprisonment, its incapacity or unknown absence - divorce is drawn up through the registry office, even with children.

It is clear that in the overwhelming majority of cases, spouses with children need to undergo a divorce trial. And it should be noted that all other issues related to the dissolution of marriage can be solved at the same time - it will be faster and more efficient. Divorce, section of property, definition of children's residence and order Communication with them of another parent, Alimony - all these issues can be resolved as quickly as possible. Otherwise, not one court will have to be far away, and in a state of divorce will be long and possibly problematic.

Divorce through the Court: Step-by-step instructions

Legally spouses will have three stages:

  1. Preparation and submission to the court statement.
  2. Trial.
  3. Obtaining a court decision.

To obtain a positive decision on divorce, there is enough consent of only one spouse. But if both agree, it will speed up the process.

Preparatory stage

On the eve of the preparation of the application, it is necessary to determine:

  • is there any mutual consent to divorce, or one of the spouses against the dissolution of marriage;
  • what questions, in addition to the divorce, it is necessary to put before the court;
  • with whom of the parents will continue to live a child, is it possible to conclude an agreement on this issue, or it is necessary that this issue will solve the court;
  • where to submit a statement - the magistrate or to the district (urban) court.

If mutual agreement is achieved, it is necessary to determine who exactly will apply for the application - a wife or husband. The second spouse will acquire the status of the defendant. To express his consent with a termination of marriage, he can write a review on the application, submit a counterclaim on a divorce or personally (through the representative) in the course of the proceedings on its consent to divorce.

In addition to the requirements for divorce, you can:

  1. Ask for the court to determine the particular place of residence of the child (children) and alimony, including approving the agreement of the spouses on this.
  2. Consider a section of joint property.
  3. Complete the determination of the size of the content, which one of the spouses is obliged to provide the second spouse.

In the absence of applications and requirements for determining the residence of children and the payment of alimony, the court independently considers these issues. The property section and the contents of one spouse of the second - the questions for which the court will only decide if such requirements are voiced. They can not only declare the plaintiff, but also the defendant, so if possible, it is necessary to either come to some agreement, or prepare for a judicial dispute in advance - to prove its right point and failure of the spouse's position.

Those issues that could be resolved without trial are issued by signing relevant agreements. It is reasonable for this purpose to attract a lawyer. It will save from the invalidity of agreements, the emergence of controversial moments and legal insecurity.

Who will live a child (children), from which of the parents and in what size alimony will be recovered - these questions decide the court, even if there is an agreement, but it seems to be a court violating the rights of a child (children) or one of the spouses. The court will ensure the view of the child who has reached the 10th age.

Application for divorce and related requirements is submitted to the world court if:

  • there is no dispute about children;
  • requirements in the division of spouses do not exceed 50 thousand rubles (for the price of the claim);
  • there are no other property disputes or the price of a claim on them does not exceed 50 thousand rubles;
  • there is no dispute about paternity (motherhood), deprivation / restriction of parental rights.

In other cases, you need to contact the district (urban) court.

As a rule, the application for divorce is submitted to the court at the place of residence of the plaintiff. This is permissible if:

  • spouses are prescribed (live) in one village;
  • minor children (child) are spelled out and live with the plaintiff;
  • the plaintiff for medical testimony can not come at the place of residence of the defendant.

However, the main rule - the claim must be submitted at the place of residence (registration) of the defendant.

Agreements between spouses

In order for the divorce through the court quickly and relatively painlessly, many spouses on the eve of the submission of a divorce statement conclude agreements on those questions that do not require the participation of the Court:

  1. Children's Agreement - their accommodation and content (alimony). If the question is solved only about living children, it can be limited to a written form. The agreement on alimony requires a notarial certificate and, which is very important, has the power of the executive list. In most cases, the Children's Agreement is integrated, including the issues of residence of the child, the procedure for communicating with him the second parent, the payment of alimony and others. Such agreements are certified by the notary.
  2. Property section agreement . The written form is obligatory at the cost of property more than 10 thousand rubles. And in a wiser, in any case, ask for a notarized design to give a document higher legal force. In addition, when real estate, land plots, vehicles, securities and other property (obligations) requiring rights, it is necessary to undergo relevant registration procedures.

Preparation of the application

In preparing the application for the basis, you can take examples (samples) of such applications that are on the Internet, on the sites of ships or information boards in the courts, as well as below in this article. But they are effective when there are no individual characteristics of the marriage process and the requirements associated with the dispute.

If the application concerns only the termination of marriage, it should include:

  1. In the header - the name of the court (the data of the magistrate), information about the claimant and the defendant (spouses) and their representatives (if available).
  2. The name of the document is a claim for divorce.
  3. In the text:
  • information about between who and when was concluded (registered) marriage;
  • how many minor children are in marriage (born, adopted) - FULL NAME, birth dates;
  • causes of marriage (briefly, any);
  • the conditions of the marriage contract (if any);
  • information about the availability of an agreement on the place of residence of children and the payment of alimony;
  • a request for a dissolution of marriage with the defendant.
  1. List of applications to the application.
  2. Below is the date of compilation, the applicant's signature.

If there are other requirements, the name of the document is expanding ("On Termination of Marriage" is complemented by the wording of these requirements), and in the text there are relating information:

  1. If there is a dispute about children (place residence, alimony), it is necessary to justify why the court should leave children with the plaintiff, and the second parent - obliges to pay the alimony in a certain amount.
  2. If there is a requirement for the division of property - it is necessary to specify the property data (what, when, at whose expense was purchased, its value), to formulate its proposal on the section and justify it. It should be borne in mind that joint commitments (debts) are also subject to the section.
  3. Requirements for payment (provision) The content of the spouse after a divorce, as a rule, require medical evidence. Such alimony is destroyed infrequently, and it can be expected that the defendant will be categorically against them.

An application must be attached to the application confirming the information specified in it. The list varies depending on the content of applications, requirements, availability and circumstances of disputes.

Must be applied:

  • copy of the passport of the plaintiff;
  • a copy of the marriage certificate;
  • copies of children's birth certificates;
  • children's Agreement (if there is in writing);
  • paying document (state duty - 650 rubles from each spouse);
  • copies of applications and applications - for the defendant.

Additionally, you may need:

  • documents confirming the causes of divorce;
  • certificates about the income of spouses;
  • certificate of residence (registration) of spouses and family composition;
  • medical certificates;
  • inventory and assessment of property;
  • conclusion of guardianship and guardianship bodies;
  • power of attorney to the representative;
  • other documents.

If documents (help) cannot be obtained, it is necessary to specify in the application that a certain fact may confirm such a document that is or can be obtained there. The court will ask him himself. To obtain and adopt documents (materials), to call to the court of witnesses or specialists, a corresponding petition must be prepared. It is best to attach immediately to the divorce statement.

Our lawyers know the answer to your question

or by phone:

Features of the trial

The trial passes through two procedures:

  1. With mutual consent of the spouses - after a month after submitting an application, without finding out the motives of the divorce.
  2. In disagreement of one of the spouses, also after a month or after 3 months appointed by the court for reconciliation of spouses.

The concomitant requirements for divorce complicate the trial, so it can last long months.

How to solve the question of children

The court is engaged in this issue if the parties have not come to an agreement or it, according to the court, violates the rights and interests of the child.

Considered:

  1. Age, mental and physical condition of the child.
  2. Child's opinion 10 years and older.
  3. The degree of affection, attitudes towards parents and other family members, in particular, grandparents.
  4. Relationships in the family in the context of the interests of the child.
  5. The possibility of each parent to provide a child education, living and development conditions.
  6. Material state of parents, living conditions, lifestyle, work, employment, time that they can give to the child.
  7. Other factors and conditions.

In some cases, children's psychologists, teachers, specialists of guardianship and guardianship can be involved in the trial. The task of the court is not to choose a parent, but to choose the conditions in which the child (children) will best live, grow, learn and generally develop.

Claim or not claim property requirements

If the divorce is associated with the property dispute, it is often better to divide the solution of these two issues in time or trial. The marriage process, as a rule, takes 1-3 months, and therefore, after receiving a court decision you can already build a new family. If the property dispute is also considered at the same time, the court can delay very much, especially if some of the spouses begin to repair obstacles.

On the other hand, how property will be divided, can affect the material position of spouses. And this factor is significant to resolve issues about the place of residence of children and aliminal obligations.

It is impossible to give an unequivocal answer to the question of which requirements should be declared together with a divorce. Each situation is individual. But the court will definitely solve the issue of living a child and its content himself, if parents do not come to an agreement. Everything related to other property and family disputes of spouses can be resolved after divorce. And, perhaps, even more calmly and successfully than when dissolved.

Divorce in the registry office in the presence of children

If there are juvenile children, the divorce is possible through the registry office, but only in three cases:

  1. The spouse is convicted and serving a sentence in the form of imprisonment for more than 3 years.
  2. The spouse is recognized by the court incapable.
  3. The spouse is recognized by the court is missingly absent.

In the first case, it is enough to apply to the registry office, putting a copy of the court sentence and a certificate from the places of imprisonment. In two other cases, the divorce must be preceded by lawsuits on the recognition of the spouse incapable or missingly absent. The decision will also need to be attached to the application.

The divorce of the spouses is the unpleasant phenomenon itself. After all, even recently you had a family, a common house and life. And suddenly everything changed. Where before you felt safe, it became uncomfortable, and now you think how to divorce. If there is a child, it is worth a responsible approach to this step. You can try to establish relationships in the family at least for the sake of it, but if you really hard to live so much and hard to close your eyes on what is happening, then it is better to terminate the marriage.

Well, when spouses come to a joint decision to divorce, quietly file documents and gain freedom. But much more often there are cases when one of them does not want to give consent to the divorce. And here there are various difficulties. You have to hire a lawyer who promises to help. But even more difficult for those who have children. Many people do not know what to do and how to divorce if there is a child.

How to deliver

You can divorce in our time in two ways: in the registry office and in court. If the spouses have no complaints about each other, there are no expensive purchases that they would like to divide, there are no minor children who should stay with someone from their parents, then it is enough to collect a minimum of documents and contact them to the registry office. After a month you will be divorced. This is understandable, but where to divorce, if there is a child or any property? In this case, you will have to collect much more documents and apply to the court. The consideration of the case will be engaged in the world judge. Without a lawyer, you are unlikely to do.

Documents for divorce in the registry office

Before collecting the necessary duty documents, take into account that in the registry office you will be divorced only with mutual consent or in some other exceptional cases. For example, if one of the spouses is officially considered missing, recognized as incapable or is in places of imprisonment.

If your case is such, then prepare the following documents:

  • Your general passport. It is necessary in both cases, regardless of where the spouses are bred.
  • Pay a fee and be sure to take the receipt. Without it, divorce is impossible.
  • Certificate that your marriage was registered.
  • Statement that you want to terminate your marriage.

Documents for divorce through court

Resort to the help of the court accounts for those pairs that cannot find a compromise. For example, many women often ask a question to lawyers and lawyers in various forums: Lit with her husband, there is a child what to do and where to go? Of course, the court, even if the husband gives consent to the divorce.

You will need:

  • passport;
  • certificate of marriage is only the original;
  • certificates of the birth of your children - copies;
  • a certificate of family composition, which confirms that children are providing;
  • it will be necessary to pay the state duty and bring the receipt.

Non-standard cases

There are a variety of situations in life, so there is nothing surprising that some have a question: how to file for divorce, if, for example, one of the spouses lives in another city? In this case, the claim will be considered at the place of residence of the plaintiff, if children live with him. But if they live with the defendant, then you need to send a request to the judge at the place of residence of another spouse. If you can't go to court, you can write a request to consider the case without your participation.

For about a month, you will receive an extract from the court decision with which you need to go to the registry office and get a divorce certificate.

What to do if you need to share the property

Cases of marriage processes when spouses want to share property, quite common. After all, sometimes during family life, her husband and wife make very expensive purchases on joint funds. For example, acquire cars, apartments, cottages, land, open a business and much more. And no one is immune from the fact that in just a couple of years, all love will pass, and the accumulated property will remain, and none of the parties want to voluntarily part with the benefits.

The divorce of the marriage with the section of the property is only in court. The spouses will have to, except for the standard package of documents, also provide others: any documents that confirm that they have property and that they are owners. In addition, there must be a documentary confirmation that the property subject to section has a certain value.

With machines and apartments, of course, the question is solved quickly. It suffices to bring advocating documents where the cost of acquisitions will be indicated. But it happens that the spouses buy expensive furniture, equipment and other valuable property, which then want to divide. There will have to look for checks on the purchase and passports. Without these documents, the property will not share. In any case, deal with the section of the property is much easier than with the problem of how to divorce if there is a child.

Strong gender in the marriage process

A man who realized that she no longer wants to be with a woman, naturally, thinks: "Everything, divorce with my wife." Have a child? So, it will not be easy to do it.

According to statistics, which, by the way, is very rarely mistaken, the initiators of the divorce most often are men, not women. But if the weak floor almost always gets a divorce, then for men there are some cases when they cannot divorce for one reason or another. They are clearly defined by law, and in cases below, a man is obliged to maintain a family, even if he has very good reasons for obtaining a divorce.

When a man will not be able to divorce

For example, a man will not be able to get a divorce if his wife is pregnant at the time of filing a claim. It is not important that it is time and how long they were married. The court will not allow to divorce with a pregnant woman.

Also, a man who decided to break the marriage with his wife will not be able to get a positive decision in his favor in court, if the family has children who have not yet fulfilled a year and a half.

Divorce! Who will the child stay with?

The marriage process between spouses who have children are a special topic. Therefore, such cases are considered only in court, so that in no case to infringe the interests of the child and provide him with the best conditions.

So, how to divorce, if there is a child, we looked at, but with whom he will remain? How does the court decide if parents will no longer live together after divorce?

On the one hand, everything is simple here, but on the other - no. Perhaps parents will independently affect the decision with whom their minor children will remain, and after consideration of the claim, the court will most likely meet the parents. The desire of children is also taken into account (with whom they want to stay) if they can already speak and consciously express their opinions.

Everything is much more difficult if one of the parents does not want to leave children to another. The judge will have to thoroughly familiarize themselves with all the proposed documents, communicate with his parents and only after that make a decision, be sure to act in the interests of the child.

Most often, children are left with mom, because it can provide a child more full-fledged education, but this does not mean that his father loses its rights.

Sometimes the court decides whether to leave a child with his father. This happens when the mother is recognized as incapable, cannot contain children or has alcoholic or drug addiction.

The court refused divorce. The reasons

Yes, far from always people can divorce. Sometimes, due to small shortcomings or carelessness, the court refuses them in the dissolution of marriage.

This usually happens due to the fact that all the necessary documents were not provided. Or significant mistakes were made in writing the claim.

It happens, according to ignorance, the spouses appeal to the court, although they can be done in the registry office. Then the court guides them there, naturally refuses divorce.

Another common reason for refusal - a statement to court was filed by a third party, which does not have any rights on it. Or the spouses simply changed his mind to divorce, and therefore they took their statement even before the court hearing took place.

If, before the start of the court, the plaintiff has time to correct the shortcomings, the process continues, if not, then the documents are returned, and the spouses will again have to re-assemble all the papers and assign the date.