How to get a divorce, if there are minor children

Is it possible to make children become the very glue that will keep official relations falling apart? No, if people living under the same roof are tired of marriage and constantly swear, creating an unhealthy atmosphere in the house. Screams and violence, both physical and psychological, injure children, so the best option for a marriage that has outlived itself is separation.

Peace process

Partners talked calmly 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 of the spouses 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 take them to themselves for the whole weekend or to see several hours a week.Adults have to coordinate these aspects and fix them on paper.

How to correctly submit an agreement to government agencies, the lawyer will tell. And in order for it to acquire some meaning in the eyes of the bureaucratic system, the seal of a notary must flaunt it.

Details discussed, signatures delivered. The initiator of the official separation or a more resolute spouse should write a special petition addressed to the magistrate or simply to a state institution. Recommend to contact the nearest branch office located in the area where the partners are officially registered. We'll have to pay a certain amount to accept the application. This is called state duty. But payment for the services of a justice of the peace is only the beginning of a long and difficult process.

Have to collect a whole stack of papers:

1. Not only to receive a receipt confirming that the fee for accepting the application has been submitted, but also to make a photocopy of it.
2. Supplement the package with birth certificates of all young family members.
3. The claimant, who signs the petition, confirms that he is officially married to the defendant. The court will arrange only the originals of the passport, where the corresponding page is stamped, and the paper, which was issued by the registrar after registering the relationship.
4. When considering the issue with whom to leave underage family members, the state institution takes into account whether both partners in the residence permit specified in the documents live or not. You will need a certificate from the housing office or another paper confirming or refuting this fact.
5. The second half should fix its consent to the divorce on paper and transfer it to the magistrate.

Each partner can invite a lawyer to the hearing. A copy of the power of attorney issued to a specialist must be submitted to the court, which allows him to represent the interests of the client.

Spouses reached a compromise on the issue of raising children, but can not share the mortgage apartment? The dispute will be resolved by the magistrate in whose name the appropriate petition is submitted. It is considered along with the rest of the documents. A spouse who considers that the sentence is incorrect may file an application for review, but then the process will be delayed indefinitely.

The couple, having no complaints, gets about a month to think and final clarify the relationship. If after 30 days the partners have a desire to dissolve the marriage, the court will fully satisfy it.

Registration of the application in full

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

1. Not only the number of minor children, but all the data that may be useful to the court: the 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 wish to see each other.
3. It is important for the judge to know which parent will be the official guardian with whom minor family members will remain, as well as what amount of alimony he expects.
4. Be sure to provide information about the place of registration of the defendant, as well as the plaintiff.
5. In the "cap" 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, you can mobile phones.

In bureaucratic instances they constantly lose documents and important certificates, so at the end of the petition the applicant lists which papers were provided to the relevant authorities. Finish with date and signature.It is recommended to come up with a compelling reason, something more serious than different characters, because sometimes this is considered to be an insufficient reason for the termination of official relations.

One “for”, the second resists

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

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

1. Inventory of property and extracts confirming that the apartment or car was purchased in marriage, and not before the official registration of relations.
2. Inquiries 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 sues and a statement in which the plaintiff asks to leave the children with him.The spouse expresses his own opinion, why it is worth entrusting custody to him. In the court also file references or other documents if the husband or wife:

• suffers from alcoholism or drug addiction;
• is registered in a psychiatric clinic;
• has no housing, own or rented;
• unemployed.

These facts are taken into account when deciding who the minor child will be with. If the spouses cannot “divide” the children, the guardianship authorities take part in the divorce proceedings. They check the financial situation of the father and mother, inspect the apartment and make conclusions which of the parents has more favorable conditions for raising the child.

The reason for the dissolution of marriage 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 filed at the place of his residence permit in the nearest branch of the court.

How is the divorce proceedings

The court notifies the husband and wife of the date and time of the subpoenas hearing.Spouses can come themselves, accompanied by lawyers or send in their place specialists in divorce proceedings for which power of attorney is issued.

The judge asks the couple questions about the reasons that prompted the submission of the application, examines the papers provided and gives for reflection a month, sometimes three. Communicates with a representative of the guardianship if the spouses do not decide who the child should stay with. Children over 10 years old are asked if he likes to live with his 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 home. The father, in order to get custody of the child, will have to prove that the wife abuses drugs or alcohol, leads an asocial lifestyle, or is mentally ill.

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

Important: The certificate of divorce gives a woman and a man the right to remarry.

The details of getting custody of a child

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

1. Help issued by the guardianship about the availability of normal conditions for a minor family member to live.
2. A letter of recommendation from the place of robots, where the plaintiff is described as a good and responsible person.
3. Certificate of official and additional income.
4. A 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 care of a minor child. To the spouse with whom the minor family member remains, the second parent is obliged to pay the alimony:

• for 1 child 25% of any income is awarded: salary, bonuses and other things;
• 2 children have from 30 to 35%;
• 3 or more are awarded 50% of the official salary.

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

Pregnancy and children with disabilities

A husband will not get a divorce if his wife:

1. She provided the magistrate with a certificate that she is registered at the antenatal clinic or recently learned about the pregnancy.
2. Cares for a baby less than 12 months old.

The only option: 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 obliged to pay alimony for the child and his wife who is on maternity leave. A man must give 50% of wages 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 independently.

In a situation with a disabled child, the divorce process will go the other 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 minor family member before reaching the last 18 years.

The reasons for the dissolution of marriage can be many, and each of them is significant. Do not be afraid to let go of the person who disappointed or offended. And coping with bureaucrats is not as difficult as it seems. It is enough to know your rights and have the desire to get rid of the bonds of marriage.

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