What documents are required for a divorce with a child? Where should I file for divorce?
If the family has a minor child, thisdoes not mean that his parents can not terminate their marriage. But in this case the procedure will look a little different than if there are no joint children under the age of 18. It should be considered what documents for divorce with the child should be prepared, how the process of divorce will take place, what rights parents have and what responsibility they bear.
Can I divorce through a registry office
Traditionally, the conclusion and dissolution of marriageZAGS, but not in the case when the family has children. Accordingly, the documents required for divorce will need to be submitted to the world court, with the exception of the situations listed below:
- If one of the spouses is recognized as missing, there is no more than one year and the place of his stay is unknown.
- One of the parents is imprisoned for more than 3 years.
- If one of the parents has lost his legal capacity.
In these cases, you can divorce and through a registry office, butit is necessary to provide a court decision, because each of the facts presented is established by the courts. In addition, you need a passport, a certificate of marriage, payment of state fees.
Divorce through the courts
Before asking about wheresubmit documents for divorce, you need to consider a few nuances. Firstly, if a child was born before marriage, and paternity was not established, then you can get a divorce through the registry office. Secondly, divorce through the courts occurs only between spouses who have common children. At the same time, both parents can, by mutual consent, apply for one of them.
You can file documents for divorce with a child ina world court, but only if there is no dispute between the spouses about who the children will be with. If the disagreement takes place, then you should apply to the district court.
Statement of claim
The list of documents for divorce is not that big:
- certificates of birth of children and marriage;
- statement of claim;
- confirmation of payment of state duty.
Keep in mind that all documents require photocopies, and in the absence of originals, they must be notarized.
Now we need to file a claim for divorce. It should be written according to the following plan:
By the way, if there are disputes about children orproperty, the plaintiff must provide the court with arguments and evidence. The application and the package of documents are sent to the office of the court at the place of residence of the defendant.
How will the process of divorce pass?
After the documents for divorce with the childwere transferred to court, the judge examines within 3 days and appoints the date and time of the court hearing. Both spouses will be notified about it by registered mail.
The timing of the divorce proceedings depends on a variety of circumstances. Here is a list of those that will speed up the divorce procedure:
- At each meeting are both parties to the lawsuit.
- Their decision to dissolve a marriage is mutual.
- There are no disputes over the sharing of the jointly acquired property.
Otherwise, the court sessions will last for quite some time. It is more expedient for spouses to agree among themselves before a court session.
How to prepare for a hearing
Do not care only about which documentssubmit for divorce, because, in addition, you need to carefully prepare for the meeting. In court, everyone defends their interests, especially when there are any disputes and disagreements. Accordingly, it is necessary to prepare all sorts of evidence in order to increase the chances of a judge's decision in his favor.
To provide the court as evidence, you can:
- documents or notarized copies;
- video or audio recordings;
- testimony of witnesses;
- expert opinions.
What to do if one of the spouses does not agree to a divorce
Strangely enough, but in most casesThe initiator of divorce is only one of the spouses, and the second does not agree with this decision. Accordingly, the situation is exacerbated, and the judicial procedure is delayed.
It should be noted that there are also cases whenthe spouse does not have a marriage certificate, but at the same time he wants to file an application with the court. The question arises as to which documents are required for divorce in this situation. To solve the problem, you need to contact the registrar and get a duplicate or a certificate of state registration of the marriage.
Further it is necessary to take into account that if the spouses do notreached a consensus, then for the dissolution of their marriage may appear unpleasant moments. First, the judge will appoint a period for reconciliation - 3 months. Secondly, it is necessary to spend a lot of time and effort to find and collect evidence that will help protect your own interests.
With whom will the child remain after divorce?
In any case, if there are minorschildren, and at the same time both spouses agree to a divorce, only the court can terminate their union. The only advantage in this situation is that the process will not last long.
The father has a chance to determine the placethe residence of the child with him. Check out what documents for divorce you need to provide in this case, or rather, what evidence to show in the course of the trial:
- the mother does not have a permanent income;
- there are unfavorable housing conditions for the child;
- the mother has negative qualities that can adversely affect the child's psychological health.
It should be noted that if children older than 10 years, their opinion is taken into account by the court, and the latter makes a decision, based on the attachment of each young citizen to one of the parents.
But in most cases, the parents agree with each other and indicate the conditions and periodicity of his stay with the second parent.
Alimony on the child
The parent with whom the child is left needstake care of what documents for alimony after the divorce must be submitted to the court. You can apply for alimony before or after the process, or together with a claim for divorce.
There are many nuances here. First, if the wife is on leave to care for the child and he was not three years old, then her husband will pay alimony for her and her children. Secondly, if the spouse is not employed and, accordingly, he has no permanent income, this circumstance is not grounds for refusing to collect alimony.
So, in order for the court to grant alimony for the maintenance of a minor child, the following documents must be submitted:
- statement of claim;
- passport and copy;
- birth certificate;
- certificate of marriage or its dissolution;
- proof that the child lives with the plaintiff;
- certificate of family composition;
- written justification of expenses for the maintenance of a minor child.
The package of documents should be transferred to the office of the court at the place of registration of the defendant.
Where to file documents for divorce (with a child),if there is disagreement on the division of jointly acquired property? These issues are resolved by the world court in the framework of the proceedings concerning the dissolution of marriage.
Today, a topical issue for many: "How is the housing that is bought at the expense of the mortgage divided, and the housing loan is not paid off?" The fact is that if there is a child in the family, then the court takes his interests into account first. For example, if the housing remains mother and child, the father is paid a monetary compensation equal to his share in the living quarters. But at the same time mortgage payments are made by both spouses.
Similarly, all property is sharedspouses, that is, taking into account the interests of minor children. Property that belongs to children can not be subject to a section, including money left by parents in bank accounts. By the way, on the section of jointly acquired property to sue in court can only be within three years after the dissolution of marriage.
The process of divorce, if the child is less than one year old
If the child is not one year old, then submitOnly a spouse can apply to a court to dissolve a marriage. The father can not leave the family, especially if his second half is against it. In this case, you can agree peacefully and by mutual consent to dissolve the marriage or wait for the first birthday of the child. Pregnancy of the wife can also become a reason for refusal in court for divorce.
Documents for divorce with a child who is less than one year old remain the same, but only the mother can act as a plaintiff.
Before deciding on a divorce, it is worth everythingthoroughly thought out. First of all, it is necessary to take into account the interests of your children. Even in the event that reconciliation between spouses is impossible, this is not a reason to forget about them. In any case, the interests of children will be taken into account first of all.