How to file a divorce if you have minor children. How does a divorce with two children work?

24.01.202427.05.2017

When does a divorce go through court? These cases are specified in Article 21 of the Family Code of the Russian Federation:

have minor children (common, natural or adopted);
the husband or wife refuses to end the marriage;
one of the spouses refuses to submit an application or does not appear at the registry office.

How does divorce happen through court?

Who has the right to a judicial divorce?

Any of the spouses.
Guardian of the spouse if the court has declared the spouse incompetent.
Prosecutor. He can file a claim when required based on the interests of an incapacitated or missing person.

According to the Law “On the Prosecutor's Office of the Russian Federation”, the prosecutor can act as a plaintiff in a civil case, since he protects the rights of people.

The husband cannot file a claim without the consent of his wife if she is pregnant or less than a year has passed since giving birth, even if the child was stillborn or died before the age of one (Article 17 of the Family Code).

Such exceptions were made in order to preserve the health and nerves of the mother and child, since legal burdens negatively affect their well-being.

Which judge should I contact?

There are magistrate and federal judges. Each category is competent to conduct the process only under certain conditions. The categories differ in form and status. With federal judges having stricter professional demands, these servants of Themis are considered more competent in cases.

If both spouses agree to divorce and they have no disputes about the children, you need to go to a magistrate. If spouses argue about children or about property, then they need to go to the district court with a claim, cases are heard there by federal judges (Articles 23-24 of the Code of Civil Procedure of the Russian Federation).

Reasons for divorce in court

Divorce by court is considered possible when the court clearly establishes: the family has broken up and the spouses’ further life together is not possible (Article 22 of the Family Code).

The Family Code does not stipulate the reasons for divorce.

The most common reasons include: infidelity of spouses, gambling addiction, alcoholism, drug addiction, sexual dissatisfaction, divergence of life interests, disagreements on financial issues, non-compliance with the terms of the marriage contract.

Spouse against divorce

If couple agree divorce through the court, then the court dissolves such a marriage without finding out the reasons for the divorce (this is stipulated in Article 23 of the Family Code).

If the plaintiff does not tell the court the reasons divorce, the court may temporarily stop the claim. But do not refuse, but only offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have resolved the conflict, the proceedings are stopped. In this case, any of the spouses can again file a claim, then the court returns to the consideration of the case and makes a decision.

If one of the couple is against, the plaintiff must describe in detail the reasons that forced him to go for divorce, tell why the marriage broke up, and what exactly prevents it from being restored. The court, having studied the materials, decides whether the couple’s life together is possible in the future.

Evidence in such a case may include the committed offenses of the party (cruelty, violence, insults):

witnesses (the plaintiff must apply to call witnesses);
written evidence (certificates from the emergency room about beatings, police records) - they are included in the case.

In any case, the divorce will end in a positive decision. The only difference will be in the timing. If there is agreement of both parties, then the divorce will be obtained at the first hearing; if there is no agreement, several meetings will be held.

How to divide children and property

Such issues are considered in parallel with the divorce process. During the process, one or both parties may demand from the court and (or) designate with which parent the child should subsequently remain, how and to whom alimony will be paid.

If there is agreement on such issues or the spouses want to resolve these issues later, they can write in the lawsuit that they have no disputes or describe in detail to the court the essence of the agreements reached.

You can read more about the features of divorce with children in.

Reconciliation and refusal to divorce

The defendant has the right to petition to postpone the case for a while to give the husband and wife the opportunity to save their family. The court is cooperative and usually gives a period to resolve the conflict (up to three months).

When the judge himself decides to resort to this procedure (the plaintiff, for example, does not speak very confidently at the hearing), then this period can be reduced only if both the plaintiff and the defendant make this request to the court.

Naturally, the conciliation period delays the matter. Even if the plaintiff considers such a procedure unnecessary, there is a positive point for him: it will be more difficult to challenge the decision in the case in a higher court.

The plaintiff has the right to refuse a divorce. It is valid until the court has retired to the deliberation room. The case ends with a settlement agreement, which can include property.

Refusal of the claim does not mean that the marriage cannot be dissolved later. If the spouses' relationship deteriorates, they can sue again. The divorce case is terminated (and the marriage, accordingly, is preserved) if, after the expiration of the period that the judge set aside for reconciliation, the plaintiff does not come to the meeting.

Deadlines for filing a divorce

On average, the divorce process will require two to four court hearings (if one party is against the divorce). If the parties agree, a decision is usually made at the first meeting.

The minimum period for filing a divorce is a month and 11 days. If the decision came into force earlier than this period, it will be illegal.

The average time for registration when spouses agree to divorce is one and a half months and 1.5-3 months if someone does not agree, sometimes more than 3 months.

Circumstances that affect the processing time:

norms of Family Law (divorce is carried out no earlier than a month from the filing of the claim);
norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before it enters into force);
the workload of the court and the degree of efficiency of the mail, which notifies the parties;
complaints about the illegality of judicial actions (may increase the registration period by another 2 months);
correction of errors and clerical errors (increase the processing time by 1-3 weeks);
inaction of any party.

Cost of divorce through court

The Tax Code of the Russian Federation (Article 333.19, clause 5) stipulates. At the beginning of 2018, it is 650 rubles.

Both spouses pay this amount if:

there is their consent to break up the marriage, there are no children (minors), there are no property disputes;
divorce is carried out in court.

Divorce is a rather complex and exhausting procedure. And when spouses have children together, it becomes even more difficult.

Who will divorce a couple with a child?

The 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 before the end of the marriage.

If you can resolve these issues amicably, then filing a divorce in the presence of children will take place before a magistrate 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, and they fully meet the conditions for doing so, the legal process will become more complicated.

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

Moreover, the court will be able to resolve claims regarding 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 claim in court applies: it is filed at the court site or the court of the locality or region where the defendant’s (that is, the spouse’s) place of residence is registered.

In exceptional cases, a statement of claim may be accepted by the judicial authority at the place of residence of the plaintiff (wife):

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

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

What will the judge find out?

If the divorcing spouses, even before filing a claim for divorce, 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 were unable to reach such an agreement, then statements of claim regarding the dispute over the children are filed in court.

The application form for divorce, if there is a child, is no different from the usual statement of claim for divorce. You can find sample statements on disputes about children below.

The court, which is one of the bodies that protects the interests and well-being of minors, will decide two issues regarding the joint children of a divorcing couple:

which parent will the child live with after the divorce is finalized?
in what order will meetings between the child and the parent with whom he will not live together take place?

Also, at the request of the spouses, the dispute over the payment of child support can be resolved in the same court process. It will even be convenient if the court immediately determines which parent the child will live with and who will pay financial 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 trusteeship authorities must be invited to the court hearing.

Whether the child will remain to live with his father or mother after the divorce will become clear when the judge examines the financial situation of both spouses, living conditions, availability of work and daily employment, health status, moral and domestic behavior, the presence of other children and many other circumstances.

In practice, it often happens that the child is left with the mother. Especially if the child is still young and finds it difficult to cope 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 children together in a family, the court will be able to determine where one of them will live with their mother, and the other with their father. The interests of none of the children should 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.

Article 66 of the Family Code of the Russian Federation gives a father (or mother) who does not live with his child the opportunity to see him freely and participate in his upbringing. The other parent is prohibited from interfering 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 the order of communication between the child of divorcing parents and his grandparents. This opportunity is provided for them by Article 67 of the Family Code of the Russian Federation. Only by that time the child should be ten years old.

What documents should I bring?

Some plaintiffs are confused 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 passports of both parents,
marriage certificate (original),
receipt of payment of state duty ( Details for paying state fees for divorce you will find).

You will also need to attach:

birth certificate of the child(ren),
agreement on children (if any),
alimony agreement (if concluded),
statement of claim in a dispute about children (if the spouses do not agree).

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

A divorce complicated by disputes about children can drag on if the spouses are unable to reach an agreement and each insists on his own.

Did you know that

When one of the spouses does not grant a divorce, the court may determine a period for reconciliation. However, it will not exceed 3 months in total.

Such litigation lasts from several months to one year, and sometimes longer. This is a hassle, money costs, and constant court hearings that are exhausting for both. Therefore, lawyers advise a divorcing couple to make every effort to reach an agreement or turn to competent specialists who will help complete the divorce process quickly and with minimal losses 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 in just a month.

It often happens that there are no disputes about children, but one spouse does not want to file for divorce, then the judge is given time to further think about his decision and the possibility of reconciliation. Court hearings may be postponed several times. But this will last no longer than three months. Then the spouses, if one of them still persists and wants to end the marriage, will still be divorced.

That is, ideally, your divorce process will take from one month (that’s how long it takes between filing a claim and the court hearing) to four (since the judge will be able to postpone court hearings for 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 child’s mother does not want it.

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

wife's pregnancy
common infant child.

In this case, registration of a divorce in the presence of children can only take place if the application is submitted by the wife herself.

What surname will the child have?

And it is advisable for parents to agree on this issue in advance. Although here, too, sometimes, wanting to annoy each other, each spouse “pulls the blanket over himself.” It is more convenient for the mother for the child who remains to live with her to bear her maiden name, which she returned to herself after the divorce. It is important for the father that the last name be his. Even a child can help resolve this issue and choose his own surname, but to do 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 wishes of the father, if he is deprived of parental rights, declared incompetent or his whereabouts are not established.

In practice, very often spouses even after a divorce leave themselves and their children with one common surname. This way it’s more convenient for everyone: it’s familiar, there’s no need to change documents, there’s no need to argue about changing it, and there won’t be any unpleasant situations when a parent and child don’t 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

Divorce is an unpleasant, complex and protracted procedure with many nuances. Of course, if the spouses do not have any claims against each other and they do not have children together, they have access to the possibility of divorce through the registry office - this usually does not pose any difficulties. It’s another matter when there is a minor child or even several children in the family. This is exactly the situation that will be discussed in the story below.

In a divorce through the court, as well as in almost any other legal process, the case involves the plaintiff - the person filing the application, and the defendant - the other party. The law requires that the plaintiff file an application with the court at the place of registration (residence) of the defendant. But there are exceptions to this rule. For example, if the plaintiff is seriously ill, or has a young child in his care, or if he and the defendant live far from each other, the documents may be accepted by the court at the place of residence of the applicant. This point needs to be clarified individually.

The statement has quite standard content. It must indicate the following:

passport details of the participants in the case;
information about minor children (both joint and adopted);
grounds for filing a claim.

As grounds for divorce, indicate the reasons that prompted you to make such a decision. There are no standardized options. The most common factors: betrayal, lack of mutual understanding, or the universal “they didn’t get along.”

A package of documents must be attached to the application. Their list should also be clarified in advance in the office or at the court information stand. Typically, the list includes the following items:

marriage certificate and its copies;
birth certificates (and copies thereof) of their minor children;
a copy of the receipt for payment of the state fee (specify the amount of payment and details for its implementation individually).

If there are additional documents, for example, an agreement on children, alimony, etc., they should also be attached to the application.

Where to apply?

There are 3 options.

If the minor child is not common, you can go to the registry office.
If the child is common, but you and your spouse have no disagreements regarding the further guardianship, upbringing and financial support of the minor, you can go to the magistrate’s court. Important! If, in parallel with the divorce and resolving issues about the future fate of their minor children, a claim for the division of joint property, the value of which is over 50,000 rubles, is considered, the magistrate court will not conduct such a divorce case.
If there are children together or adopted during marriage, there are no peaceful agreements between the spouses on their future fate, and the price of joint property is more than 50,000 rubles, a divorce can only be obtained through a district court.

The legislation does not establish any standard deadlines. It all depends on the specifics of the particular case and a number of additional nuances. For example, if the spouses have come to the necessary agreements and are divorcing by common will, it will take them no more than 1 month to dissolve the marriage.

Under any other circumstances, this process may be significantly delayed. For example, if one of the parents goes to court with additional claims regarding further interaction with the children, or disputes arise about the division of joint property, the divorce may even take years. But these are exceptional cases. On average, the entire procedure takes 1-3 months.

As soon as the court makes a decision on divorce, you will need to contact the registry office with a completed application in Form 10 (or with a certificate of the court’s decision in divorce proceedings) and obtain a certificate confirming the fact of divorce.

In the event of a divorce in the presence of children, one of the most pressing questions is the future fate of their minor citizens: who will they live with, what will be the interaction with the second parent, who will pay alimony, etc.

As already noted, the resolution of all these issues in the absence of peaceful agreements between the parents falls on the “shoulders” of the district court. He will also monitor that the legitimate rights and interests of each party to the case are respected.

Typically, the court gives 1 month (in exceptional cases, the period may vary) for reconciliation of the spouses. This period is set if one of the spouses does not give his consent to the divorce. If both parties to the case do not object to the divorce, the court will not detain anyone.

In general, the court always makes a decision in favor of the child. As a rule, children under ten years of age are left to live with their mother. However, if during the proceedings it is established that the mother is not capable of creating normal conditions for the life, upbringing and development of the child, the decision may be made in favor of the father. In particularly complex and controversial situations, representatives of the guardianship authorities are involved in the judicial process for additional advisory support.

In parallel with questions about the future fate of minor citizens, disputes about the division of joint property and the calculation of alimony are resolved. It is better when the spouses settle these disputes individually and consolidate their agreements in the appropriate agreements - this way the divorce will take less time, effort and nerves.

How to make the divorce procedure easier?

Parental divorce is a serious blow for most children. To protect the child from stress and unnecessary worries, parents should try to discuss all the details in advance and secure their agreements with notarized agreements. It is better if 3 main agreements are concluded at once, namely:

about children;
on the division of property;
about alimony.

To draw up and legalize these documents, parents should jointly contact a notary. The content of the agreements can be anything. The main thing is that the provisions of such contracts do not conflict with current legislation and do not infringe on the rights of any of the participants. For example, a court can easily invalidate a child support agreement if, in accordance with its provisions, the child receives less tangible support than when determining the amount of payments in court.

Many citizens mistakenly believe that the court will not dissolve a marriage if the family has joint children under three years of age. In reality, you can get a divorce. They will refuse only if, at the same time as a child under 3 years old, a child under one year of age lives in the family, or if the wife is pregnant.

It is also important to know that in the event of a divorce if there are children under 3 years of age, the other party to the case will have to pay alimony not only for the child, but also for the maintenance of the ex-wife. This point is considered by the court individually, taking into account all the circumstances of the case. For example, if a woman remarries or even just starts living with another man, her ex-spouse will most likely be relieved of the obligation to pay alimony for her maintenance.

State duties

When can you do without a trial?

There are exceptional situations in which a marriage can be dissolved even if there are common minor children, namely:

if the spouse was sentenced to imprisonment for a term of 3 years or more;
if one of the parties is officially recognized as missing or incompetent.

In such cases, it is enough to draw up a written application and present it to the registry office, attaching documents confirming one of the above circumstances. The marriage will be dissolved automatically. No one will find out additional circumstances and “play for time.”

Grounds for refusal to divorce

There are situations in which the court will not accept a divorce application. Thus, a man will not be allowed to divorce if his wife is pregnant or if there is a child in their family whose age does not exceed 1 year. The ban remains relevant in situations where a child is stillborn in a family or if the baby dies before reaching one year of age.

Along with this, under the same circumstances, the court will dissolve the marriage if the woman expresses her desire to do so or if she does not object to the divorce initiated by the man.

Application form for divorce (by mutual consent, in the ABSENCE of minor children)

Sample statement of claim for divorce. Download form

Video - Divorce proceedings in the presence of minor children

Video - Writing an application for divorce

No.	Documents for court	Documents for the registry office
1	Statement of claim for divorce and a copy of the claim for delivery to the defendant	Joint or separate notarized applications for divorce (dissolution of marriage)
2	receipt indicating payment of state duty	If the divorce is formalized at the request of one of the spouses, the following is required: a court decision recognizing the other spouse as missing; a court decision declaring the other spouse incompetent; court verdict depriving the other spouse of liberty for a term of more than three years
3	a power of attorney confirming the authority of the representative of the plaintiff, if the statement of claim for divorce is signed and submitted to the court by the representative	passports + copies
4	documents confirming the circumstances set out by the plaintiff in the application, and their copies for the defendant, if he does not have such copies (for example, a certificate of seeking medical help due to beating by a spouse; evidence of adultery, etc.)	marriage certificate
5	marriage certificate (original and copy)
6	an extract from the house register confirming the defendant’s registration, the children’s place of residence (or a petition to request an extract from the EIR by the court)
7	if the spouses have minor children, it is also necessary to attach copies of the children’s birth certificates
8	If the claim is filed by the spouse during the wife’s pregnancy or before the child has reached the age of one year, a notarized statement from the spouse that she does not object to the divorce is also required
9	an agreement on which of them the minor children will live with after the divorce, on the maintenance of children or a disabled spouse in need of financial assistance, or on what property acquired during the marriage is transferred to each of the spouses
10	certificates of earnings or other income of the spouse (for the collection of alimony)
11	If, upon divorce, a dispute is being resolved regarding property acquired during marriage, in addition to its inventory, papers will be required on the ownership of the objects to be divided, as well as on their value (for example, an apartment purchase and sale agreement, checks confirming the purchase of things, an appraisal report on the value of a car , certificate from a brokerage company about the cost of the apartment, etc.)
12	if the question is raised about with whom the children will live after the end of the case, a whole certificate may be needed, for example, an inspection report of living conditions or characteristics from the spouses’ place of work
13	passport + copies

“How to get a divorce if you have a child” - this request on the Internet is very popular among spouses who have decided to apply for divorce. Divorce can be carried out by government authorities if the spouses have children, but the parents will have to resolve issues related to the fate of the child.

Divorce with minor children

Who dissolves the marriage?

Some citizens who want to file for a divorce try to find answers to their questions and often enter into a search engine the query “how to get a divorce if you have a child.” First of all, they should find out which government bodies are authorized to dissolve the marriage union of those citizens who have children together.

Judicial authorities

According to the general rule enshrined in Art. 21 of the RF IC, divorce of spouses who have common children under 18 years of age is carried out in court.

Civil registry offices

At the same time, the legislator regulates exceptional cases when a spouse can obtain a divorce in the registry office. So, according to Art. 19 of the RF IC, an application for divorce is accepted from a spouse, regardless of the presence of children, when the second spouse:

Declared incompetent.
Recognized as missing.
Sentenced to more than 3 years.

Only in the presence of the specified circumstances can a spouse petition for termination of the marital relationship, excluding judicial consideration of this issue.

Procedure for divorce

Collection of documentation

To initiate a divorce procedure, both spouses or one of them write a corresponding application and collect the necessary documentation.

After authorized officials of a government agency accept papers from a citizen, he has 30 days before making a decision on the application.

A standard set of divorce papers requires:

Statements ().
Passports.
Marriage certificates.
Children's birth documents.
Statement of claim for division of property (See. How is property divided during divorce? How are loans divided in a divorce?).
Documents confirming rights to property.
Powers of attorney, if the interests of the spouse will be represented by his representative.
Receipts for payment of the fee (See: How much does a divorce cost: state duty for divorce in 2019-2020 (court, registry office)?).

Making an application

An application for divorce can be submitted either in the form of a written document or in the form of an electronic message.

If a citizen sends documents to the registry office in electronic form, then he must ensure that they contain his personal digital signature.

The government services portal provides citizens with the opportunity to use its services and send documentation and an application to the electronic mail address of the registration authority.

If one of the spouses makes an application, while the other was declared incompetent or was sentenced to imprisonment, then the second spouse must be notified by state authorities of the receipt of the application before the decision on divorce is made. If a citizen is incapacitated, his guardian is notified in accordance with the established procedure.

Consideration of the application

If a citizen has submitted an application to the registry office, he must appear within the time period specified by the officials who accepted and registered his application. Persons who have applied to the court appear at the hearing on the day specified in the agenda.

The court that has considered the application for divorce may decide:

Divorce the marriage.
Refuse the claim.
Postpone the divorce for up to 3 months.

Powers of the court when considering a divorce case

The main goal of the court resolving the issue of divorce of spouses with children is to protect the interests of the child, which are paramount.

The norms of family law establish the right of parents who have given consent to divorce to submit an agreement about the children to the court. This document may include items related to issues of the child’s place of residence and alimony paid for the maintenance of the child.

Don't know your rights?

If the agreement was not accepted or the parties were unable to independently resolve important issues concerning their children, then such powers become the responsibility of the judiciary.

Thus, the court considers problems associated with:

Place of residence of the child. It decides which parent will live with the child and who will have the right to visit him.
The spouse who is recognized as obligated to pay child support.
Division of common property.
The amount of maintenance paid to a spouse.

Decision of the authorized body

After the 30-day period, the authorities registering the marriage of citizens register their divorce.

It is the date of registration and making the corresponding entry that will be considered the moment of termination of the marriage relationship between the spouses.

If the decision on divorce was made by the court, then citizens are considered divorced from the moment this decision enters into force. Within 3 days from the moment the decision acquires legal force, the judicial authorities send the relevant extracts from the decision to the registration authorities to register the divorce.

Registration of divorce

This procedure is regulated in detail by the Federal Law of November 15, 1997 N 143-FZ. It involves the registry office making records of the end of the marriage relationship, as well as issuing divorce certificates to individuals.

When making a record of the act of divorce, authorized officials enter information about divorced citizens:

Place and date of birth.
Citizenship.
Place of residence.
Nationality.
Education.
Whether the dissolved marriage is the first or repeated.
Presence of children under 18 years of age.
Date of entry.
Record number.
Date of termination of marriage.
Passport details.
Details of the divorce document.
Details of the document that served as the basis for the divorce.

Children Agreement

If the parties to the divorce proceedings took care in advance to draw up a written agreement in which they set out their positions regarding common children under 18 years of age, this will greatly facilitate the work of the court.

As a rule, in a parental agreement, citizens seek to consider issues related to the child’s place of residence, as well as the rights and responsibilities of parents in relation to their children.

In particular, the parties may consider the order of communication with the child of the parent who will not live with him.

They can regulate the exact times and days on which the parent can meet with the children. At the same time, one can point out the mother’s duty to refrain from erecting obstacles to such meetings.

Agreement form

The agreement between husband and wife regarding their children must include:

Date and place of compilation.
Information about parents.
Information about children under 18 years of age.
Passport details of parents and children.
Details of the children's birth certificate.
Signatures of each party to the agreement.

This means that citizens with children and who are married can get a divorce based on a court decision. Divorce in the registry office is possible in the presence of exceptional circumstances established by law.

How to divorce your wife if you have children? If there are minor children, you will have to get a divorce in court (Article 21 of the RF IC).

At the same time, in Art. 17 of the Family Code states that the husband cannot demand a divorce without the WIFE’S CONSENT during the wife’s pregnancy and within 1 year after the birth of the child.

Of course, you are free to choose your relationship and partner. Those. You can go to another city, refuse to communicate and live together (but this does not free you from the financial obligation to support a woman and child).

If the children are adults, everything is done through the registry office. If they are under 18 years old, then we go to court.

Which one exactly:

there is no dispute about children (you simply present an agreement certified by a notary);
the cost of the claim does not exceed 50,000 rubles in disputes over the division of property.

District (Article 28 of the Code of Civil Procedure). We go to court if:

there is time about children;
the cost of the claim exceeds 50,000 rubles.

The general procedure is provided for in Art. 29 of the Code of Civil Procedure of the Russian Federation: you draw up a statement of claim and send it to the court at the place of residence of the defendant or plaintiff (if there is a minor with him or, for health reasons, the plaintiff cannot go to the defendant). We will reveal it below.

There are also situations where termination through the registry office is possible if there are children (but they are rare).

You need to go to the registry office if the wife is declared dead, incompetent or missing. Also, divorce occurs through the civil registry office if the spouse is sentenced to a term of 3 years or more.

Actually this is not true. You can dissolve the marriage and determine the fate of the child, and after a month or two, deal with the issues of “sawing” the jointly acquired property.

So you see the procedure is different. It all depends on whether the other half agrees to “give a divorce.” The easiest and fastest way to get a divorce is to “settle things amicably.”

You draw up a children's agreement and a property division agreement, then go to court. All you have to do is get a solution - and you are free.

If the spouses have property claims against each other, or if it is impossible to divide the children, they will have to involve lawyers. The litigation promises to be lengthy.

If you have children, then you cannot do without a trial (unfortunately). The state fee for a claim for divorce is 650 rubles per person, i.e. in total you will give 1,300.

If in addition there is a dispute about the division of property, then the concept of “claim price” is used. This is the percentage you pay depending on the amount you are going to divide.

The general scheme looks like this:

In the magistrate's court, divorce is granted only in cases where:

there is the consent of the second spouse;
dispute over the division of property for an amount less than 50,000 rubles.

If you agree to get a divorce, but “cut” property in the amount of 100,000, 200,000, 400,000 rubles or more, contact the federal court!

At this stage, it is important to determine the jurisdiction. Otherwise, you submit an application “well, to that authority,” and there they deny it due to lack of jurisdiction.

In Art. 32 of the Code of Civil Procedure provides for the possibility of spouses to “agree” on the place of consideration of the dispute. In this case, you draw up an agreement and submit it to the court.

If you are divorcing by mutual consent, then you do not need to indicate the reasons (“motivational part”). The court dissolves the marriage without clarifying the reasons and facts of the impossibility of living together.

For the rest, you can re-read the Post. Plenum of the Supreme Court of the Russian Federation of November 5, 1998, No. 15 “On the application of legislation by courts when considering cases of divorce.” Clause 17 states that the statement of claim must meet the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation.

You must write:

name of the court where the application is filed;
name of the plaintiff and his place of residence (address);
the defendant and his place of residence;
essence of the dispute;
the circumstances on which the plaintiff bases his claims, as well as evidence supporting them;
the price of the claim (in situations where it is subject to assessment);
list of attached documents.

When, by whom and where was the marriage registered?
How many children do you have together, what are their ages?
Has an agreement been reached regarding the maintenance and upbringing of children?
Are there other requirements that can be considered simultaneously with a claim for divorce (for example, if you want to divide property, collect alimony, etc.).

If you have an agreement, the judge evaluates it for compliance with the rights and legitimate interests of the common children.

If everything is in order, then a decision is made based on the agreements you have concluded. Roughly speaking, the court becomes a pure formality and confirms what has long been divided.

If you were unable to determine the fate of your common children (or signed an agreement that violates their rights), then the court may intervene.

A simple example from practice: you have entered into an agreement on children, where the amount of alimony is set at 23% of the ex-spouse’s salary.

This violates the rights of the child, since you have reduced the 25% of income due by law. Accordingly, the court will intervene and change the amount of payments.

When making a decision on divorce, the court determines (in accordance with Article 24 of the RF IC):

from which parent and in what order will child support be collected;
with whom the children will live;
how property is divided (at the request of 2 spouses or one of them);
what will be the amount of support for the “ex” (if the wife declared this).

The easiest and safest way is to enter into an agreement about children. If you cannot reach an agreement with your significant other, you will have to involve the guardianship and trusteeship authorities, lawyers, and take recommendations.

If you intend to take a child away during a divorce, you must:

You will have to prove that your ex leads an immoral lifestyle (prostitution, drug addiction, alcoholism), cannot support a child, has no housing, and suffers from serious illnesses.

Traditionally, courts follow the “established practice” and leave the son or daughter with the mother. This is confirmed by statistics.

For example, in 2015, 9,700,000 children were left with their mother, and only 1,326,000 were left with their father.

It is easier for you to agree on the fate of the children in an agreement than to rely on the intelligence of government agencies. If the ex does not make contact, you will have to use “heavy artillery”.

A classic of the genre, when the wife shouts: “I won’t give you a divorce!” and tries to manipulate.

Know that you cannot get a divorce in court only in 2 cases:

wife is pregnant;
the child is under 1 year old.

In other cases, shouts: “I don’t agree!” don't mean anything. We simply go to court and file a statement of claim, indicating the impossibility of living together.

As a rule, such cases are complex both from a legal and moral point of view.. Spouses blame each other, cannot divide property, manipulate children, and try to “pump up their rights.”

The general scheme for divorce without the wife’s consent looks like this:

As in the example above, the court decides with whom to leave the children, who will pay alimony, what the maintenance will be, and many other issues.

The main subject of proof will be the circumstances and facts confirming the impossibility of further cohabitation, as well as the preservation of the family (clause 1 of Article 22 of the Family Code).

It is not necessary to blame your ex for all mortal sins and defend your interests with foam at the mouth!

It is enough to simply firmly state the position to the court: “Personal relationships in the family were interrupted. Unfortunately, they cannot be restored...” This is already a reason for divorce.

What should you do if your ex doesn’t appear in court and doesn’t sign subpoenas?

Don't worry. A spouse's attempt to avoid divorce by not appearing in court will lead nowhere. The marriage is over, but you will have to wait longer.

If the defendant is notified, but does not appear, the hearing will be postponed 2 times, and on the 3rd a decision on the claim will be made.

If the wife “runs away from subpoenas,” then the relationship will still be terminated, and she will be recognized as “long-term absent from her place of permanent residence.” Of course, it’s not very pleasant to wait, but there’s nothing to be done.

The legislation also provides for other rights that the former may enjoy..

If you intend to have a “high-profile divorce,” it is better to study all the conditions and legal requirements. The court will side with the children in any case.

Where to start a divorce in order to “get off with little blood”? The simplest advice lawyers can give is to sit down and talk to your significant other.

It is quite possible that you will be able to reach an agreement about children (alimony, accommodation, rest, communication, etc.) and about the division of jointly acquired property.

If you can't reach an agreement, you'll face a lengthy and complex legal process.. It is difficult to independently deal with statements of claim, forms, requirements, deadlines, rights and obligations, and petitions.

From our instructions, you learned how to properly divorce through a magistrates' court or through a federal court. If you don't want any problems, it's best to hire an experienced family law attorney. He will not allow you to be “ripped off like a stick” and imposed with payments.