The procedure for divorce in the presence of a minor child

Unfortunately, a huge number of spouses today makes the decision to divorce, and not always both agree. It can be difficult to do, especially if there are one or more small children in the family. In this article, we will tell you how the procedure for divorce is carried out in the presence of a minor child, and what specific features may be involved in different cases.

General rules for divorce in the presence of minor children

The general procedure for divorce in the presence of underage children implies the application of one of the spouses to the judiciary. And it does not matter whether the parents were able to calmly agree or have serious differences. To transfer the case to the court, you will not only have to write an application and collect quite a large number of different documents, but also pay in advance the state fee.

If both sides agree to a divorce, they are not going to divide any property and could agree on which of them the children will reside in later, the legal process usually passes very quickly. In most cases, during the first meeting, the court proposes to think again and gives the parties time of about 3 months in order to be reconciled. After this time, if the spouses have not changed their minds, the court makes a decision to stop their marriage and leave the underage children with their mother or father.

According to the legislation of Ukraine, if no one disputes the judgment, it comes into force ten days later. In the Russian Federation, the parties are given the opportunity to challenge the decision rendered by the court within 30 days of the date of its proclamation. After the specified period expires, or after the case is examined by the appellate instance, the wife or husband must receive a certified and sewn copy of the court decision, from which he can apply to the registrar for issuing a certificate of divorce. Often, the court itself sends an extract from the operative part of the decision to that department of the registry office, where marriage was registered between the spouses, in order to make changes in the act of writing.

In the presence of disputable issues related to the place of residence of a minor child or a section of common property, the process of divorce becomes much more complicated. In such a situation, the judge, having studied all the evidence and arguments that each of the parties will present, takes a decision, taking into account all the current norms of rules and laws. In its operative part it is usually indicated not only with whom the son or daughter will remain, but also how, and also in what amount the alimony of the second spouse must be paid.

Rules for divorce with minor children through registry offices

There are some exceptional circumstances in which marriage can be terminated without trial, despite the presence of underage children. So, the competence of the civil registry offices is to consider citizens' applications for divorce in such situations:

• if one of the spouses is incapacitated;
• if one of them is officially recognized as missing by a court decision;
• if the spouse or spouse is convicted for a period of not less than three years.

Some nuances

During the initiation of a divorce, it is necessary to take into account certain features of the process:

1. If the child has not turned a year old, and also if the wife is in an "interesting" position, the procedure for divorce can be initiated only on her initiative.
2. If the child is not yet 3 years old, the wife has the right to demand that the husband maintain alimony, including his own maintenance.
3. If there is a disabled child in the family, the father who lives separately must pay alimony for the maintenance of the child and his mother until the age of eighteen.