Most marriages in Russia break up in the first years life together. AND Small child, which was born to a young family, usually does not stop spouses from officially breaking off relations. But quickly filing a divorce for a married couple who has one or more children is not so easy. Such spouses can dissolve their marriage only through the court (clause 1). A couple with a small child will not be able to obtain a divorce by submitting an application for termination of marriage to the registry office, even with mutual consent. During the trial, the court will primarily pay attention to the rights of young children raised by the couple.
How can a married couple with a baby divorce?
Before filing a claim for divorce in court, it would be a good idea for young spouses, or at least one of them, to familiarize themselves with that part of the Family Code that is devoted to divorce. Yes, Art. 17 of the mentioned document states that the husband does not have the right to initiate divorce proceedings without the consent of his wife if:
- she is pregnant;
- The family has a small child who is not yet 12 months old.
The wife's rights to initiate divorce proceedings are not limited by Russian law. A woman can apply for during her pregnancy and until the child reaches 1 year of age, if she has the resources to do so. good reasons. The basis for divorce in this case may be the husband’s unlawful actions towards her or towards the children, his immoral behavior, etc.
Unless there are compelling reasons to end a family relationship, the judiciary will not rush to dissolve the marriage of people with small children.
In the process of divorce proceedings, the court is obliged to take measures aimed at reconciling the spouses and preserving the family. The judge can give them up to several months to reconcile and withdraw their statement of claim. And only after all attempts to reconcile the spouses are unsuccessful, the court will issue a decree on divorce. In practice, the divorce procedure takes for a long time and often ends after the baby is 1 year old.
Divorce in the presence of children over 1 year old
Once the child reaches one year of age, the process of initiating divorce proceedings becomes somewhat simpler. Both parties can now initiate divorce by mutual consent, or each spouse unilaterally. But even in this case, it will not be easy to obtain a divorce, especially if the second spouse does not consent to it or if the husband and wife have disputes over the place of residence and financial support of their minor children after the termination. marital relations. The division of property between spouses will take a lot of time if they cannot agree on it amicably. Until all issues between husband and wife are resolved, the court will not be able to make a decision on divorce.
When spouses terminating their relationship by mutual consent have a child under one year of age or older, it is advisable for them to provide the judge with a written agreement that will clearly display information about the future residence of the children, the procedure for their communication with their parents and financial support. Most often, after the end of a marriage, young children remain living in the same living space with their mother, and the father pays alimony for their maintenance and takes part in their upbringing, education, and treatment. Much less common in judicial practice cases when spouses voluntarily share several children among themselves or when minors remain with their father, and the mother does not object to this.
Recently, cases have become more frequent when spouses terminating their family relationships start a real war for their common children, not wanting to give them up to each other. Divorce proceedings when there are disputes over a couple’s young offspring can drag on for a long time. When a compromise is not found between a husband and wife regarding which of them the small children will live with, the court decides this issue at its own discretion, taking into account the arguments of both parties. In most cases, the court leaves the children to the mother. But if the father manages to prove that he ex-wife will not be able to provide minors with a decent upbringing and education, the judicial authorities may decide that the children remain with him after the divorce. The basis for such a decision may be the serious illness of the spouse, her immoral behavior, lack of normal conditions for sharing with children.
It should not become an obstacle for a small child to fully communicate with them. Even when the ex-husband and wife have accumulated a lot of grievances and claims against each other, children should not suffer from this. If, after a divorce, the parent with whom the minors remain to live unreasonably forbids them to see their ex-spouse, the latter has the right to file a lawsuit with the judicial authorities demanding the establishment of a regime of communication with their children.
Calculation of alimony in favor of minors
Collection of alimony from a parent in favor of a child is another important problem that the court will have to decide during the divorce process. According to paragraph 1 of Art. 80 of the Family Code of the Russian Federation, parents are obliged to provide their children with financial support until they reach 18 years of age. If a husband and wife divorce, they need to resolve the issue of the amount of alimony that the parent who does not live with him will pay for the maintenance of the child. In the absence of a voluntary agreement between the former spouses, the court is empowered to resolve this issue independently, guided by the Family Code. In accordance with paragraph 1 of Art. 81 of this document, financial payments in favor of young children are deducted from the income of the parent who does not live with them in the amount of:
- 1/4 share of all his earnings - for one child;
- 1/3 share – for two children;
- 1/2 share – for three or more children.
If the alimony payer does not work, has irregular or inconsistent income, or receives wages in the currency of another state, the court has the right to award child support payments not in proportion, but in a fixed amount.
When a married couple experiences a divorce with a child under one year old, the wife needs to take into account that as long as she is in maternity leave, ex-spouse obliged to support her. If he does not agree to do this voluntarily, the young mother must include in the statement of claim for divorce a requirement to collect alimony from her husband not only for the benefit of the baby, but also for her own maintenance. A woman has the right to financial assistance from ex-husband until they are common child will not reach the age of three.
Documents for divorce
How can a married couple with a child divorce? If the couple has a mutual desire to end the marriage, then they need to file a claim for divorce in the court located at their place of residence. If the initiator of divorce is one spouse, he must submit the statement of claim to the court located at the place of residence of the second spouse. In addition to the claim, the following must be submitted to the judicial authorities:
- passport of husband and wife;
- birth certificate of the child(ren);
- certificate confirming marriage;
- a receipt for payment of the state fee for divorce.
The first court hearing is scheduled no earlier than one month after filing the claim. If spouses want to quickly end the divorce and protect their psyche, they should, despite the contradictions that exist between them, find common ground on issues related to the future residence and financial support of their young children. IN otherwise The divorce process risks dragging on for a long time.
Legal illiteracy gives rise to problems arising from family legal relations. Facing difficult situation, women do not know where and when to seek help. They don’t understand whether they or their spouse have the right to file for divorce when they have a common child under one year old. Is divorce possible when you have a newborn in your arms?
The husband does not have the right to file for divorce if:
- spouse is pregnant;
- there is a minor, but the age is less than one year of birth;
- the baby died before birth;
- the child died at one month of age, before his first year of birth.
The law does not limit women's rights. She can file a lawsuit and get a divorce, no matter how old the baby is from birth.
If the spouse has no objections to the divorce, but has a newborn, divorce is possible. The rule is enshrined in the RF IC, Article 17.
Divorce in the registry office
The registry office formalizes a divorce if the spouses do not have common children, claims regarding the use of common property, and there is consent. Other cases are considered through the courts.
Exceptions if the court decision recognizes:
- the spouse is incapacitated;
- unknown missing;
- the husband was sentenced to a prison term exceeding 36 months.
You can submit an application and divorce your husband through the registry office, unilaterally.
Divorce in court
Divorce cases go through justices of the peace. The territorial jurisdiction rule is used. The claim must be filed at the place of registration of the defendant. The court considers the case at the place of residence of the plaintiff if two circumstances exist:
- the plaintiff lives with the offspring;
- The plaintiff demands divorce and alimony at the same time.
Divorce cases fall under the jurisdiction of a federal court (district court, city court) when:
- division of property between husband and wife, the amount of which is over 50 thousand rubles;
- a dispute about the place of permanent residence of children, disagreements regarding drawing up a schedule of communication with children.
If the offspring has not reached the first year of birth, we submit a statement of claim to the magistrate. If the circumstances are successful, the court will make a decision within 30 days. The deadline was met so that spouses who entered rashly had the opportunity to change their minds.
Documents sent to court:
- a statement containing a demand for dissolution of marriage;
- marriage certificate;
- child's birth certificate;
- receipt of payment of state duty.
If the interests of the plaintiff or defendant are represented by a lawyer, a power of attorney certified by a notary is required.
2016 brought changes
The state fee for a divorce case is 850 rubles. The court decision must be registered. You will have to pay 850 rubles for a divorce certificate. In total you will have to pay 1.7 thousand rubles. Documents can be submitted as photocopies. Attached is the original paid receipt. In order for the court hearing to take place, the plaintiff and defendant must have passports and originals of the above documents. Court documents can be submitted in person or through the post office.
If the spouse files a court application, if there is infant less than a year from birth or being pregnant, the court protects her rights. If the spouse agrees, the marriage bond is subject to dissolution.
If there are two or more children, one of whom has not reached the first year of birth, the divorce takes place according to the rules for the dissolution of a marriage with an only small child.
Lawyers advise supplementing the divorce application with a claim for the collection of child support and a demand for maintenance of the mother until the child reaches the third birthday.
Divorce and newborns
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According to statistics: 90% of children are left to their mothers. There are isolated cases when a child at the age of one month is given to his father through the court. But this is an exception. Russian legislation provides for equal rights of parents to raise a child. When making a decision, the court takes into account: the personal characteristics of the parents, financial support, and the quality of living conditions.
Before the trial, the following should be agreed upon between the wife and husband:
- alimony payment scheme: amount, period;
- schedule for meeting with father: time and duration.
Your agreements on alimony and obligations can be expressed by an agreement on the payment of alimony. The document is drawn up by a notary and signed by both spouses.
Duration of divorce
The length and cost of litigation depend on the circumstances of the individual case. Citizens are concerned about the timing when the presence of a marriage stamp prevents them from performing a significant legal action: completing a real estate transaction, getting remarried.
Any case requires careful preparation, especially a judicial one. First, a preliminary hearing is scheduled. The next hearing will consider the case on its merits. A decision may be made at a subsequent court hearing.
To notify divorcing spouses of the time of the hearing, the court issues addressed summonses. The time it takes to deliver the notice and the court’s receipt of notification of the delivery of the summons is taken into account. The circumstances surrounding the distribution of correspondence can be called protracted.
The court decision comes into force after 10 days from the date of its adoption. Special attention the time allotted for preparing the judicial act should be taken into account. Russian courts are overwhelmed statements of claim, there are few staff members, so the time for producing a solution is delayed. We add 10 days for the possibility of an appeal to the days it takes for the registry office to prepare a divorce certificate. Deadlines are increasing.
It is possible for couples who have reached a mutual agreement, appeared in court in person, and have no disagreements on the following points to file for divorce with a child under one year old and get a divorce at the first court hearing:
- the procedure for communicating with the child;
- material support for mother and baby;
- place of residence of the offspring.
Court cases in the presence of unresolved specified circumstances can last two months.
When one spouse objects to the divorce, the process is delayed. They can petition the court to set a time limit for reconciliation. The period is limited: three months. The judge divides the period in half. Initially, the conciliation period is one and a half months. If the situation remains unchanged, the court extends reconciliation. Processes when there is no agreement between spouses can drag on for six months.
The legislation established reconciliation in order to improve the relationship between husband, wife and children. Practice shows that the social unit is often preserved thanks to the period given for reflection.
Features of divorce: the husband is a foreigner
If the husband is a citizen of a foreign country, divorce from infant or two children is also possible. Proceedings on a claim are opened at the place of residence of the defendant - this is a general arrangement according to the law of the Russian Federation. However, the defendant is a resident of another state. Will you have to go abroad to file for divorce and get a divorce?
The plaintiff, a Russian citizen, has the right to file an application for divorce at her place of registration. The lawsuit states that the foreign husband's last known address was Russia. In this case, the claim will be considered in Russian court according to Russian legislation.
The Code of Civil Procedure states: a divorce case with the participation of foreigners can be considered by a Russian court in two cases:
- one of the parties has Russian citizenship;
- The plaintiff’s place of residence is Russia.
A foreigner will not be allowed to pick up a child who has Russian citizenship at one month of age, or when the child is already six months old, a year old, and transport him across the Russian border. The state protects the interests of its citizens: the child has the right to know the traditions and be raised in the state in which he was born.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
Married couple having infant, during a divorce, one thinks about whether it is possible to get a divorce if the joint child is under 1 year old. In this case, a lot of nuances arise that are associated with filing an application for divorce, as well as the divorce procedure itself.
General provisions
Article 17 of the Family Code defines the rules of appeals that are related to the divorce process in the presence of children under the age of 1 year. It is noted that a man cannot initiate the termination of marital relations during his wife’s pregnancy and within 1 year after childbirth. However, paragraph 2 of Article 24 of the RF IC contains exceptions to this rule, which provide for divorce from an infant at the initiative of the husband:
- a woman has gone missing;
- the court passed a sentence against her establishing imprisonment for more than three years;
- the wife lost her legal capacity.
In the event of a divorce in the presence of a child under one year old, these circumstances must be established by a court decision. Such issues can be resolved by studying the provisions of Articles 21 and 22 of the Civil Code of the Russian Federation. In this case, you can file for divorce at the registry office, and not in court.
If a woman is declared incompetent, the interested party must apply to the court. The prosecutor must participate in such a process. After the marriage is dissolved, guardianship is established for the child.
The fact that a woman is missing is established after a year has passed from the moment of her disappearance. When the missing wife is discovered, it is possible to cancel the divorce if there is a mandatory condition that the spouse has not entered into a new marriage.
Divorce proceedings in the presence of a child under 1 year of age can be initiated only at the request of the wife or with her consent. In this case, the actual and legal termination of the marriage union is of a separate nature.
The husband may not live in the same house with his children and wife, however, he retains the obligation to provide them with financial assistance.
It is established by law that the spouse has the right to demand payment of alimony payments for the child and for herself, and it is not necessary to divorce for this.
In this case, the termination of the relationship occurs under the control of the guardianship authorities so that the children are not infringed on their rights. The infringement should not affect either the material or moral side; in particular, only one parent should not participate in upbringing, this is the responsibility of both.
Nuances
When a marital relationship is dissolved, if the child is not one year old, it is necessary to be guided by Article 17 of the RF IC. The husband has the right to file for divorce with a child under one year old only in the cases discussed above. In this case, the protection of the rights of infants must be carried out by the mother. A divorced woman is given the opportunity to enter into an agreement on alimony payments or file a similar claim in court. This may be the case where the mother's consent regarding divorce proceedings has been obtained, even if the newborn is under 12 months of age.
Whether a divorce is possible before the baby reaches the age of 1 year is provided only in family law; in other situations, divorce can be carried out with a baby who has reached the specified age.
Also, the mother has the right to demand payment of alimony for both her and the baby, regardless of whether the marriage is registered or not. Cases of divorce without the woman’s consent are considered in legislation. When the initiative comes from the woman, we can say that she can file for divorce before the child reaches the age of one year. Termination of relations is carried out through legal proceedings.
Divorce procedure
A statement of claim for divorce must be filed in court, observing jurisdiction (both territorial and departmental). Such an application is submitted either where the marriage was registered or where the married couple lives. A representative who must have a power of attorney can apply to the court. When a person lacks legal capacity, the marriage is dissolved with the help of a guardian.
The claim is filed in the magistrate's court. However, when a couple has intentions to divide property whose value exceeds 50 thousand rubles, the claim must be filed in the district court. Consideration of an application for alimony is possible both in separate proceedings and in one case together with the consideration of property disputes. When property division concerns not only spouses, but also third parties, in particular, the creditor, it can also be separated from the general proceedings in court.
Important! When drawing up an application in the situation under consideration, it is necessary to correctly compose the application and attach documents to it.
The requirements for the document are specified in Articles 131 and 132 of the civil procedure legislation.
When filing a claim you must indicate:
- name of the judicial authority;
- plaintiff's details;
- defendant's details;
- information about third parties, who may be shared owners of housing in the event of division of property;
- information about representatives of the guardianship authorities, which are necessary in cases where the termination of a marriage affects the housing rights of a minor child;
- when the divorce process is combined with claims for property division, the price of the claim is indicated;
- the date and time of filing the claim must also be indicated;
- the place where the marriage took place;
- information about children (their date of birth);
- the reason for the divorce is indicated;
- information about the property that the spouses have.
It must also be said that when drawing up a claim, it is necessary to refer to the norms of legislation that govern the emerging relationship.
The following must be attached to the claim:
- copy of passport;
- act confirming the birth of a child;
- documents establishing rights to property;
- check for payment of state duty.
In order to facilitate the divorce process, you can attach to the claim an agreement between the parents on the child’s place of residence, as well as on the amount of monthly alimony that will be paid voluntarily.
The judge may set a period not exceeding three months, which is established for the reconciliation of the spouses. At the end of this period, if the parties have not changed the decision, the marriage is dissolved.
Divorce is always unpleasant, painful and, in some cases, offensive. No couple is immune from this process.
At any moment, the relationship between the spouses can deteriorate, and then one of them cannot stand it and will file for divorce. It can be very difficult for a couple who has a baby.
Often, it is after the birth of the baby that the relationship between spouses deteriorates sharply and the husband (wife) decides to file for divorce.
However, in this case, the Russian government is trying in every possible way to help the couple in order to prevent the breakup of the family.
Is it possible for a couple to divorce in 2020 if their child is not yet 1 year old?
According to Russian law, a married couple with a baby can divorce only in certain cases.
Thus, the divorce process can take place:
- On the initiative of the wife. Moreover, the court will not care whether the husband agrees to the divorce or not.
- On my husband's initiative. However, the judge will only accept the application if the wife has also given her written consent to the divorce. If she does not give her consent, then the couple will not be divorced.
- On the initiative of both spouses.
No, according to Russian legislation (Article 19 of the Family Code of the Russian Federation), the process of divorce in the registry office is impossible if the spouses have minor children.
In this case, the marriage can only be dissolved through the court. However, this case has its exceptions.
So, according to paragraph 2 of Art. 19 of the Family Code, a spouse has the right to apply for divorce if there is a minor child (children) through the registry office if:
- the spouse was declared missing;
- he was declared incompetent (by court);
- he was sentenced to a term of over 3 years.
Will a man be given a divorce if there is a child under 1 year old in the family or if his wife is pregnant?
According to Art. 17 of the RF IC, a husband does not have the right, without the consent of his wife, to file an application for divorce during her pregnancy or if the child is not yet one year old.
But there is one thing: if the spouse does not mind divorcing her husband, she has the right to submit an application herself. In this case, the process of divorce will take place.
If a couple has a child under 1 year old, then the woman has the right to go only to court.
An exception is the fact that the husband is declared incompetent, missing, or serving a sentence in prison (then you can submit an application through the registry office).
Which court to go to:
- A woman must apply to the magistrates' court for a divorce if the husband is also not against the divorce and if he has no claims or disputes regarding the child or jointly acquired property.
- A woman must go to federal court if her husband does not want a divorce, he intends to sue her child, he has disputes regarding the further upbringing of the child, or he wants to present his demands regarding the division of property.
In this case, the spouses must file a joint application for divorce with the court..
Here you need to be guided by Art. 23, paragraph 1 of the Family Code.
According to this provision of the law, spouses have the right to file a joint application to the court, and they are not required to explain the reason for the dissolution of the marriage.
In this case, the marriage will be dissolved no earlier than 1 month from the date of filing the application.
If the woman herself initiates the divorce, then she has no restrictions from the law, even if she has an infant in her arms.
The wife has the right to demand a divorce from her husband at any time. He will even be against eating; they can still be divorced if the woman proves that she cannot get along with the man.
However, the judge will be obliged to take measures to save the family, especially if he sees that the husband sincerely does not want a divorce.
Very often, women after childbirth exaggerate problems in the family due to stress and lifestyle changes, and therefore take extreme measures - filing for divorce.
Judges and lawyers understand this, so they advise determined women to think seriously before making such a decision, and also to present serious arguments why they want to separate from their husbands (for example, the spouse began to abuse alcohol, raises his wife’s hand, treats her with disrespect , deprives her of money, etc.).
If a wife initiates a divorce due to her husband’s unworthy behavior, and he denies everything and is generally against divorce, then the woman needs to take care of the evidence base (have witnesses, photos and videos, etc.).
If she does not have evidence, then the court will set a period for reconciliation of the spouses in order to save the family (the reconciliation period is 1-3 months).
If the woman then insists on divorce, then the judge must grant her claim and divorce the couple, regardless of whether the husband is against it or not.
He has two options:
- Wait until the baby is 1 year old, and then try to file an application in court, be sure to ask your wife for consent to divorce.
- Obtain written consent from your wife for a divorce, or come to an agreement with her and sign a joint statement to the magistrate’s court.
According to Art. 21 clause 1 of the Family Code of the Russian Federation, divorce is permissible even if there is a minor child, but only through the court.
If he has a young child, he can, of course, apply for divorce. However, he must obtain his wife’s consent to divorce. If she is against it, then the judge will not consider the case.
The easiest way in such a situation is not to obtain the spouse’s consent to divorce, but to write a joint statement to the court with her. Then the whole process will be simplified: there will be no need to divide property or voice the reason for divorce.
However, a man must understand that after a divorce his responsibilities for maintaining and providing for the child will not go away (Article 89 of the Family Code of the Russian Federation).
In addition, if the child is not yet three years old, then the woman is on maternity leave. Accordingly, she does not work, so the responsibilities of a divorced man will also include financial assistance to his ex-wife.
In addition to the wife’s application or a joint application, the following documents must be submitted to the court:
Many people mistakenly think that it is unrealistic for a couple to divorce if they have a child under 1 year of age. However, in reality this is not entirely true.
The judge has the right:
In all other cases, the judge is obliged to divorce the couple, especially when the husband and wife file a joint application for divorce, they have signed an agreement on raising a child, on alimony, they have no claims against each other, etc.
There is one nuance that you need to pay attention to: even if the spouse has written consent from his wife that she is not against divorce, this does not mean that he will soon become a free man.
The fact is that a woman can retract her words and change her mind at any time.. In this case, the written consent will be revoked, and the spouse will not have the right to divorce as long as they have a minor child.
In this case, the spouse may file an objection to the claim before the first court session upon the fact of the divorce process or directly during the court hearing.
In a written objection, the woman must indicate the reasons why she does not want the marriage to be dissolved. For example, you can refer to the presence of a joint child.
A woman needs to resort to the same algorithm of actions if she has written a written consent to divorce under pressure from her husband.
In Russian practice, a young child often remains to live with his mother. This is due to a strong psychological and biological attachment to the mother.
However, this does not mean that the court will in any case leave the child to the mother, because there are different situations. The final decision rests with the judge.
Summing up, I would like to note this once again: the husband cannot initiate divorce proceedings himself if his wife is against it, and their child is not even 1 year old.
At the same time, the spouse herself can apply to the court for divorce, regardless of whether the husband is against it or not.
If both spouses want a divorce, even if they have a child under 1 year old, then the judge will first give them time for reconciliation.
If, within the allotted time, harmony is achieved in family relationships they will not succeed, then he will decide to dissolve the marriage.
With the arrival of a baby in the family, difficulties, like a litmus test, reveal the strength of the relationship between mom and dad; many do not even reach the age of 1 year.
Is it possible to get a divorce in this case?
Legislation
The official dissolution of family ties is regulated by the Family Code of the Russian Federation, namely the case when the baby is not yet 1 year old, Art. 17 of the RF IC, and the following legislative acts:
- Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15;
- Code of Civil Procedure, art. 220, art. Art. 132-135.
The law of the Russian Federation protects the interests of mother and child, which is why Art. 17 RF IC.
On whose initiative can a marriage be dissolved if there is a child under 1 year of age?
The severance of family ties never happens without reason, but in the presence of a baby these 
The matter concerns not only the separation of adults who have already become parents themselves; it is necessary to solve the problem of financial support for the child, as well as his mother, who is not yet able to begin fulfilling her labor duty.
The guardianship authorities, for their part, will take part in court proceedings, ensuring that the interests of the child are not infringed not only in property and financial terms, but also morally: both mother and father must participate in upbringing.
Art. 19 of the RF IC provides for divorce, regardless of the presence of children, if one of the spouses:
- recognized by the court as incompetent or missing;
- is serving a sentence of at least 3 years.
On the initiative of the wife
If Cohabitation It’s impossible with my husband for the following reasons:
- drunkenness, rowdy behavior, fights;
- drug addict;
- gambling addiction, etc.,
then you will need to provide evidence of the unworthy behavior of the father and husband. Photos, audio and video recordings, witness statements, and a certificate from the local police officer are suitable as evidence.
At the husband's initiative
Art. 17 of the RF IC does not give the husband the right to initiate. A father of a family with a child who is not yet 1 year old, with a strong desire to separate from his wife, has 2 options:
- persuade ex-lover agree;
- wait until the baby's 1st birthday is celebrated.
He is not obliged to live together with his legal wife and baby without desire, but he must provide a financially comfortable life for both of them.
Divorce procedure
If there is a child, the divorce procedure is provided by law only.
A mother who has a child under 1 year of age initiating a break in the marriage, or both spouses - in a joint decision, must submit the following documents to the court: 
- (Article 131-132 of the Code of Civil Procedure of the Russian Federation);
- a copy of the plaintiff's passport;
- child's birth certificate;
- title documents for property;
- payment receipt.
If the relationship between the child’s separating parents allows them to conduct a calm dialogue, then it is better to immediately draw up and attach to the package papers about payment and co-parenting child.
Having such an agreement will speed up the process of studying the circumstances.
The state duty depends on the volume of problems that the court has to resolve:
- for the actual divorce - 600 rubles;
- for the appointment of child support - 150 rubles;
- if alimony is also awarded to the wife, then another 150 rubles.
There are also nuances in the court’s determination of where to file. As a rule, divorce is handled at the family's residence address.
If the total value of the property to be divided exceeds 50 thousand rubles, then the divorce case should be considered by the district court.
The court will accept the documents for processing and set a date for the hearing, at which representatives of the PLO must be present. Usually, divorce and separation are not limited to one meeting; the court is obliged to give the former couple time for reconciliation (most often this period is 1 month).
The court ends with a decision, which is still operative, that is, not entirely final. Judges are given time of up to 5 working days to formulate a final decision. days. The decision must gain legal force, which will take at least 30 days.
If none of the former married couple filed an appeal or cassation, then approximately 1.5 months after the court makes a decision, you can come to the office of the judicial authority and receive a decision, as well as from this decision.
An extract will be needed when the separated spouses - each individually - find time to receive and at the same time put a stamp in their passport as proof of their freedom from marriage.
What problems might arise?
If evidence of the spouse’s intolerant behavior does not convince the court that it is impossible 
If the couple lives together in the same living space, or if the husband categorically refuses to dissolve the marriage, the court is obliged to postpone the decision for a period of 3 months.
Not wanting to pay money to his wife and child as alimony, the husband may try to denigrate the woman in order to deprive her of her rights as a parent.
A judge with an experienced eye can see that the evidence is manipulated, “far-fetched,” in which case an expert examination is appointed. The trial is postponed, and the fee for expert services is paid for by the dishonest dad.
Women with an alcoholic spouse often wonder:
