How to file a divorce if there are minor children

Is it possible to make children become that glue that will keep official relations falling to pieces? Not if people living under the same roof are tired of marriage and constantly swear, creating an unhealthy atmosphere in the house. Shouting and violence, both physical and psychological, injure children, so the best option for a marriage that has become obsolete is separation.

Peace process

The partners calmly talked and decided that they could become just friends? Fine, but this is only the first step. The primary task is to understand what role each spouse is ready to play.

Who, mom or dad, will become the official guardian? After all, the second person will be obliged to pay money for food and clothing for young family members, allowing them to be taken to their place for the whole weekend or to see for several hours a week. Adults have to agree on these aspects and fix them on paper.

How to correctly submit an agreement to state bodies, the lawyer will tell. And in order for it to acquire some significance in the eyes of the bureaucratic system, the notary’s seal must be on it.

Details discussed, signatures delivered. The initiator of the official separation or a more decisive spouse should write a special petition addressed to the justice of the peace or just a state institution. It is recommended to contact the nearest branch located in the area where the partners are officially registered. You will have to pay a certain amount for the application to be accepted. This is called a state duty. But paying for the services of a justice of the peace is only the beginning of a long and difficult process.

Have to collect a whole pile of papers:

1. Not only to receive a receipt confirming that the fee for accepting the application has been paid, but also to make a photocopy of it.
2. Supplement the package with birth certificates of all young family members.
3. The plaintiff, who signs the petition, confirms that he is officially married to the defendant. The court will arrange only the original passport with a stamp on the corresponding page, and the paper that was issued by the registry office after registration of the relationship.
4. When considering the issue with whom to leave minor family members, the state institution takes into account whether both partners live at the residence permit indicated in the documents or not. You will need a certificate from the Housing Office or other paper confirming or refuting this fact.
5. The second half should fix its consent to a divorce on paper and transfer it to the justice of the peace.

Each partner can invite a lawyer to the hearing. The court must submit a copy of the power of attorney drawn up for the specialist, which allows him to represent the interests of the client.

Spouses have reached a compromise on the issue of raising children, but can not share a mortgage apartment? The dispute will be resolved by the justice of the peace, in whose name the corresponding petition is filed. It is considered together with other documents. The spouse, who considered that the verdict was incorrect, may submit an application for its review, but then the process will be delayed for an indefinite time.

A couple who does not have any complaints receives about a month for reflection and final clarification of the relationship. If after 30 days the partners have a desire to dissolve the marriage, the court will fully satisfy him.

Application for all the rules

What are the requirements for the very statement that will put an end to the relationship? There are no strict rules for its design, but in order to avoid misunderstanding and red tape, it is desirable to indicate:

1. Not only the number of minor children, but also all the data that may be useful to the court: paternity of the babies when they were born, certificates of disability or health status.
2. Rewrite the information from the marriage certificate and supplement it with reasons why the partners no longer want to see each other.
3. It is important for the judge to know which of the parents will be the official guardian with whom the minor family members will remain, as well as what size of the child support he expects.
4. Be sure to provide information about the place of registration of the defendant, as well as the plaintiff himself.
5. In the heading of the application, write the name of the authority to which it is sent.
6. If the plaintiff has witnesses, indicate their names and addresses, and you can use mobile phones.

The bureaucratic authorities constantly lose documents and important information, therefore, at the end of the petition, the applicant lists which papers were provided to the relevant authorities. Finish with date and signature. They recommend coming up with a good reason, something more serious than different characters, because sometimes this is considered insufficient reason to terminate official relations.

One is for, the second is resisting

Husband or wife tired of the second half, but the partner does not want to get a divorce? The set of documents is similar to the package that is collected in the first case. But you have to use the services of a lawyer who knows best all the details of the bureaucratic system. The lawyer will tell you how to divide the property, make the spouse pay normal child support, and what certificates will speed up the process.

Before filing an application with the court, the plaintiff is recommended to collect an additional package of documents, which includes:

1. A list of property and statements confirming that the apartment or car was purchased in a marriage, and not before the official registration of the relationship.
2. Information about the income of the second half and the state of health, mental and physical, of both parents.
3. Extract, which confirms that all family members live at the place of registration.

The mother or father also files a lawsuit in which the plaintiff asks to leave the children with him. The spouse expresses her own opinion why it is worth entrusting custody to him. The court also filed certificates or other documents if the husband or wife:

• suffers from alcoholism or drug addiction;
• registered in a psychiatric clinic;
• does not have housing, own or rented;
• unemployed.

These facts are taken into account when deciding with whom the minor child will remain. If spouses cannot "divide" children in any way, guardianship authorities take part in the divorce proceedings. They check the financial situation of the father and mother, inspect the apartment and draw conclusions about which of the parents has more favorable conditions for raising a child.

The reason for divorce was treason? It is good if the plaintiff can present evidence to the court: intimate correspondence, photographs, or bring witnesses.

Important: Is one spouse disabled or seriously ill? The application for divorce is submitted at the place of registration to the nearest branch of the court.

How does the divorce process happen?

The court shall notify the husband and wife of the date and time of the hearing by summons. Spouses can come on their own, accompanied by lawyers, or send in their place specialists in divorce proceedings at which the power of attorney is drawn up.

The judge asks the couple questions about the reasons that prompted him to submit an application, studies the papers provided and gives a month for thought, sometimes three. Communicates with a representative of guardianship authorities if the spouses do not decide in any way with whom the child should stay. Children over 10 years old are asked whether they like to live with their mom or dad. Based on the information received, the judge decides on custody and the amount of alimony.

In 70–80% of cases, the child is left with the mother, even if she is unemployed or does not have her own housing.To get custody of the child, the father will have to prove that the wife is abusing drugs or alcohol, leading an asocial lifestyle, or is mentally ill.

After the final decision is made, the judge sends the documents to the registry office. Marriage becomes invalid after 10 days. After 2 weeks, ex-spouses can pick up a certificate confirming the divorce and a passport with a stamp in the registry office.

Important: Divorce certificate gives a woman and a man the right to remarry or marry.

Subtleties of obtaining custody of a child

It is easier for parents to agree on sharing an apartment with a car than to decide with whom the children should stay. A husband or wife can become stubborn because of a principle or resentment, and then it will take a long time to win the child back in court. To win the case, mother or father must provide:

1. A certificate issued by the guardianship authorities about the existence of normal conditions for the residence of a minor family member.
2. A letter of recommendation from the place of work, where the plaintiff is described as a good and responsible person.
3. Certificate of official and additional income.
4. Written confirmation that the child will not be left alone in the apartment when the father or mother leaves for work.

Grandparents can also take custody of a minor child. The spouse with whom the minor family member is left, the second parent is obliged to pay alimony:

• 1% is awarded 25% of any income: salaries, bonuses and other things;
• 2 children account for 30 to 35%;
• 3 and more award 50% of the official salary.

The wife can change the name of the child who is not 10 years old, only with the written consent of the husband.

Pregnancy and children with disabilities

The husband will not receive a divorce if the wife:

1. Provided the justice of the peace that she was registered in the antenatal clinic or recently found out about pregnancy.
2. Takes care of an infant who is less than 12 months old.

The only option is to obtain the consent of the spouse, then the court will satisfy the request of the plaintiff.

A father who has left the family is required to pay alimony for the child and his wife on maternity leave. A man must give 50% of the salary until the baby is 3 years old. Further, the amount of alimony is reduced to 25%, because it is believed that the spouse is able to earn money on her own.

In a situation with a disabled child, the divorce process will go a different way. Yes, the plaintiff will receive the consent of the representative of the law, but he will be obliged to pay alimony to both the defendant and the youngest member of the family until the last 18 years.

There can be many reasons for divorce, and each of them is significant. No need to be afraid to let go of a person who has disappointed or offended. And coping with bureaucrats is not as difficult as it seems. It is enough to know your rights and have a desire to free yourself from marriage.

Video: how to quickly file a divorce in the presence of minor children