What do you need for a divorce if there is a minor child?

Sometimes, life circumstances develop in such a way that a couple decides to disperse. This procedure has its own order, which is provided at the legislative level. For families with children, the divorce process has certain nuances.

How to get a divorce if there are underage children?

In this situation, you should go to court. The whole process is divided into several stages:

collection of documents;

• submission of materials, applications to court;
• court hearings;
• decision-making.

The application can be joint, as well as submitted by the initiator of the process at the place of residence of the defendant. But it should be remembered that divorce will not be allowed in the case when the family has children under the age of 1 year, or if the wife is pregnant. But in this situation, exceptions are possible. For example, if the husband or wife violated the law with respect to the child or the second spouse. Also, the divorce proceedings will be held if the record of paternity of a husband is withdrawn on the basis of a court decision. Or in the case when another man recognized paternity.

Before applying, you should prepare everything you need for a divorce, if there is a minor child. This package of documents will include the following materials:

• passport of the spouse who initiates the divorce;
• certificate of marriage;
• birth certificates of children;
• a receipt is required for payment of the fee.

It is also necessary to make copies of all of the above securities.

This list is not exhaustive. The court may need other documents. So, to be able to make a decision regarding alimony, it is necessary to confirm the material situation, to present a certificate of the composition of the family. The rules of divorce in the presence of underage children allow a woman who is on a decree to seek alimony to support the baby and to maintain herself.

In order to resolve property disputes, it is necessary to submit to the court a list of all property that is subject to division. This can be documents for real estate or cars, as well as checks, passports for household appliances.

It is recommended to file separately applications for divorce and division of property. This is explained by the fact that property disputes may require additional consideration. And divorce cases are considered much faster. The term of their decision depends on the court's workload, as well as the specifics of the particular case.

But there are situations where, even with a child, divorce is possible through RAGS. This is possible if the spouse is deemed to be missing, found incompetent or sentenced to imprisonment for a period of 3 years.

How does a divorce occur when there are underage children?

The judge will appoint the date of the meeting after the preparation of the case. Both spouses are obliged to appear on the process. Notify them officially. The meeting is appointed not earlier than one month after the application was submitted. If the court requires additional materials, the spouses will be informed about this in advance.

The procedure for divorce with a minor child assumes the possibility of establishing a time for reconciliation for a couple. The application will be canceled if the spouses do not come to court after this period.

If a husband or wife has a valid reason for absence at a meeting, then it can be rescheduled. Also, the date of the court can be transferred, if there is no exact information that each of the spouses was notified of the date of the meeting. When a decision is made, it is sent to the RAGS, where a corresponding note is made in the marriage record.