Divorce procedure if there are minor children. Divorce process for spouses with children

Any divorce process is an extremely unpleasant event, accompanied by stress and negative emotions, as well as a lot of time and effort taken. And in a divorce with minor children, even more difficulties arise.

This procedure is considered one of the most difficult options for terminating a marriage. After all, the situation here is accompanied by the possibility of violating the legal rights and interests of a minor citizen.

To avoid such precedents, divorce in the presence of common children in a couple is often carried out in court.

Where can you get a divorce if you have children?

Contrary to popular belief, divorce by two spouses is possible through the registry office, and not through the courts, even if they have a common minor child. According to Article 19 of the Family Code of the Russian Federation, divorce of spouses with common minor children is possible through the registry office in the following situations:

if one of the partners is officially recognized as incompetent;
if one of the partners is considered missing;
or if one of the spouses is sentenced to imprisonment for a term of 3 years or more.

In addition, there are two more options where you can apply for divorce if you have a baby:

apply for a divorce to the registry office if the child you have with your partner is not your common one;
file a lawsuit in the world or district court at the place of residence.

In other situations, divorce in the presence of minor offspring is carried out only in court.

In what situations to apply to the World Court?

The termination of the marriage union through the specified body is carried out with the mutual consent of the parents of a minor child, that is, they managed to independently agree on issues related to the division of property, and its cost does not exceed the amount of 50,000 rubles. However, it is possible to submit an application, and it will be accepted even if one of the spouses does not agree.

In such situations, the court determines which of the partners the child will live with, who and how will pay alimony, that is, the interests of a minor citizen are taken into account first of all.

When to Apply to the District Court for Divorce?

If the parents of minor common or jointly adopted children failed to come to a decision that satisfies both parties in matters of the division of property, in the amount of more than 50 thousand rubles, and also decide with whom their baby will live, then the District Court will issue a verdict.

It is worth noting that if one of the partners opposes divorce or there is no clear firmness of intention of the spouses to dissolve the marriage, then the judicial authority has the right to use the period for the possibility of reconciliation. Often this opportunity is used in a lawsuit from one of the spouses with minor children, without the consent of the other parent.

Who gets the kids after the divorce?

The next question that worries all couples who want to get a divorce: with whom will minor children remain? As mentioned above, such disputes are resolved through the district judicial authority. And since he will need to take into account the interests of both parties, and most importantly, protect the rights of a minor child, for starters, after considering the case, they use the possibility of conciliation time (usually it lasts no more than a month). But if both parents are not against the divorce, then the court immediately makes a decision.

Often, children under the age of 10 are left to live with their mother. But the court may decide to leave the baby with the father if it is proved that she is not able to provide the minor offspring with all the necessary conditions for life.

Also, when considering complex cases, the court has the right to invite representatives of the guardianship authority to the hearing to provide advice.

There are the following criteria for determining with whom minor children will remain after the divorce of the spouses:

The opinion of the child is taken into account. The facts are also taken into account: whom he loves more, with whom his brothers and sisters want to stay, whether any of his parents offended him, whose relatives (father or mother) he loves more and others. However, the opinion of minor children who have reached the age of 10 is taken into account.
The opinion of each of the partners and the desire to stay with minor children. Is the parent really ready psychologically and physically to live permanently with the baby, including whether the age and state of health allow, whether the offspring applying for upbringing has any addictions.
The financial condition of each of the parents of a minor child is assessed. It is taken into account who has more opportunities to provide a high standard of living, to give a good education, to satisfy all the needs of the child, including those of a social nature.
Other important circumstances, as applicable.

If, during a divorce, the spouses failed to independently resolve the issues of the division of assets and real estate and, of course, the amount of alimony, then the court itself will issue a verdict in this direction.

When can a marriage not be dissolved?

It is impossible to file a claim for divorce with minor children under the age of 1 year without the consent of the other parent or if the wife is pregnant.

If the wife also wants a divorce, then you can save time by drawing up an agreement where you determine with whom the baby will live, how you will divide the property and agree on the amount and method of paying alimony after the divorce. And immediately after the birth of the baby, you can get a divorce.

If it is not possible to reach a consensus on these issues, then the spouse has the right to refuse to dissolve the marriage, and then it will be necessary to wait for the baby to reach the age of 1. After that, the consent of the missus is no longer needed to file for divorce.

How to file for divorce with children under 3?

There is a widespread belief that it is impossible to file for divorce during this period without having the consent of your partner. However, this opinion is erroneous. In this situation, the following decisions can be made by the judicial organization:

conciliation period, but not more than 1 month;
rejection of the claim if the documents were incorrectly executed or other requirements of the law were violated;
refusal to dissolve the marriage if the minor children do not reach the age of 1, or the wife is pregnant and does not agree to a divorce.

In addition to the situations listed above, you will not receive a divorce refusal. However, it is worth considering that, according to Article 89 of the UK, if you divorce your wife and have minor offspring aged 1 to 3, you will have to pay child support not only for the baby, but also for the spouse.

What documents are needed to file a divorce suit?

When applying to the judicial authority and the presence of minor children, it is necessary to prepare a package of the following documents:

receipt of payment of state duty;
divorce petition;
a document confirming the identity of the plaintiff;
original marriage certificate;
documents on the birth of joint minor children;
the consent of the second parent to the dissolution of the marriage union, certified by a notary.

How long does a divorce last if there are minor children?

There are no clear deadlines set by law. However, if the divorce process takes place with the consent of both parties and a unanimous decision in all matters, then the procedure usually does not take more than a month.

But in other situations, the divorce may be delayed, for example, if some other claims are filed regarding issues related to the division of property, the payment of alimony, or other problems. Then the process can last from several months to several years. But the standard divorce takes 1, maximum 2 months.

How does the divorce process work?

After consideration of the case by the judicial authority, a decision is made, and if the claim is satisfied, it enters into force within 10 calendar days. This time is given so that the partners can, if they change their mind, file a claim for cancellation. If this does not happen, then the court decision is sent to the registry office, where, on the basis of the documents received, a certificate of divorce will be prepared. You can pick up the document at the registry office at your place of residence.

Divorce is a rather complicated and exhausting procedure. And when the spouses have joint children, then it is even more difficult.

Who will divorce a couple with a child?

A decisive role in the question of whether there is a child is whether the spouses were able to agree on the role of each in his life even before the termination of the marriage.

If you can resolve these issues amicably, then the divorce in the presence of children will be processed by a justice of the peace and will take much less time. You can find out more about the timing of divorce through the court.

When two parents want to raise their children on their own, while they fully satisfy the conditions for doing this, then the judicial process will become more complicated.

If, however, they are unable to discuss issues affecting the interests of the common child of the divorcing spouses and cannot at all agree on his future fate, then they will have to be resolved in a court of general jurisdiction.

Moreover, the court will be able to resolve claims in disputes about children both within the framework of the divorce process itself and after the divorce (if one has already been registered between the spouses).

When determining territoriality, the general rule for filing a lawsuit with a court applies: it is filed in that judicial district or in the court of that locality or region where the place of residence of the defendant (that is, the spouse) is registered.

In exceptional cases, an application-claim may be accepted to the judicial authority at the place of residence of the plaintiff (wife):

if she has a small child with her (and this is true when divorcing a child),
if it is difficult for her to come to a certain court for divorce due to her health or disability.

Also, both spouses can determine the most convenient judicial authority for filing a divorce in the presence of children by mutual agreement and mutual statement with justifications.

What will the judge find out?

If the divorcing spouses, even before filing a divorce suit, entered into an agreement on determining the place of residence of the minor child (children) and on the procedure for communicating with the child (children), then these issues will no longer be considered by the court.

But if they failed to reach such an agreement, then applications-claims in a dispute about children are filed with the court.

The application form for divorce, if there is a child, does not differ in any way from the usual statement of claim for divorce. And with samples of applications for disputes about children, you can find below.

The court, which is one of the bodies protecting the interests and welfare of minors, will decide two issues regarding the joint children of a divorcing couple:

Which parent will the child live with after the divorce?
in what order will the visits of the child and the parent with whom he will not live together take place.

Also, at the request of the spouses, in the same trial, it is possible to resolve a dispute over the payment of alimony for a child. It will even be convenient if the court immediately determines which of the parents the child will live with and who will pay material assistance for his maintenance.

In order to resolve these issues as fairly and correctly as possible in accordance with the letter of the law, the judge must consider many nuances. In order to provide all possible assistance to the court in this matter and protect the interests of children, a representative of the guardianship and guardianship authorities must be invited to the court session.

Whether a child will stay with mom or dad after a divorce will become clear when the judge examines the financial situation of both spouses, living conditions, work and employment during the day, health, moral behavior, the presence of other children and many other circumstances.

In practice, it often happens that the child is left with his mother. Especially if the child is still young and it is difficult for him to do without outside help. But the father has the opportunity to appeal this decision and insist that the court leave the child with him.

Sometimes, when there are several joint children in a family, the court will be able to determine the place of residence of one of them with their mother, and the other with their father. The interests of any of the children should not suffer from this.

When the child turns 10 years old, he will be able to express his opinion to the court on this issue, and the latter will be obliged to take it into account when making a decision.

In article 66 of the Family Code of the Russian Federation, a father (or mother) who does not live with his child is given the opportunity to see him freely and participate in his upbringing. The second parent is forbidden to interfere with this in any way.

The court, when hearing the opinions of both spouses, will determine the order of visits with the child, up to the number of days per week and hours per day. Provided that such an agreement is not reached by the spouses in advance, before the divorce.

The court will also be able to determine how the child of divorcing parents communicates with their grandparents. Article 67 of the Family Code of the Russian Federation provides for such an opportunity for them. Only by that time the child should be ten years old.

What documents to bring?

Some plaintiffs are at a loss and do not immediately understand what is needed for a divorce if there is a child. The documents you will need are almost the same as for a regular divorce:

statement of claim in the prescribed form,
identity cards of both parents,
marriage certificate (original),
receipt for payment of state duty ( details for payment of state duty for divorce you will find ).

You will also need to attach:

birth certificate of the child(ren),
agreement on children (if any),
maintenance agreement (if any)
statement of claim in a dispute about children (if the spouses have not agreed).

How long does a divorce last if there is a child?

A divorce complicated by disputes about children can drag on if the spouses cannot reach an agreement, and each insists on his own.

Do you know that

When one of the spouses does not give a divorce, then the court may determine the period for reconciliation. However, it aggregate will not exceed 3 months.

Such litigation drags on from several months to one year, and sometimes longer. This is a hassle, cash costs, constant exhausting court hearings for both. Therefore, lawyers advise a divorcing couple to make every effort to reach an agreement or contact competent specialists who will help complete the divorce process quickly and with the least loss for both.

If the spouses both agree to a divorce and agree in advance on the issue of children, then they will be able to divorce them only within a month.

It often happens that there are no disputes about children, but one spouse does not want to file a divorce, then the judge is given time to additionally consider his decision and the possibility of reconciliation. Court hearings may be adjourned several times. But it won't last longer than three months. Then the spouses, if one of them still persists and wants to dissolve the marriage, will still be divorced.

That is, ideally, your divorce process will take from one month (this is how much time passes between filing a lawsuit and holding a court hearing) to four (since the judge will be able to postpone court hearings up to three months). Provided that the dispute about joint children is resolved as quickly as possible.

The court will not divorce

If there is a child under the age of one year, then you cannot get a divorce if the mother of the child does not want it

Russian family law provides for two cases in which the court will not accept and will not consider an application for divorce initiated by the husband:

wife's pregnancy,
common infant.

Divorce in the presence of children in this case can take place only if the application is submitted by the wife herself.

What is the child's last name?

And it is advisable for parents to agree on this issue in advance. Although here sometimes, wanting to annoy each other, each spouse "pulls the blanket over himself." It is more convenient for the mother that the child left to live with her bears her maiden name, which she returned to herself after the divorce. It is important for the father that the surname is his. A child is also able to help resolve this issue and choose a surname for himself, but for this he must be 14 years old.

The mother has advantages here: she will be able to give the child her last name, despite the father’s desire, if he is deprived of parental rights, declared incompetent, or his whereabouts are not established.

In practice, very often spouses leave one common surname for themselves and their children even after a divorce. It’s more convenient for everyone: it’s familiar, you don’t need to change documents, you don’t need to argue about changing it, there will be no unpleasant situations when the parent and child do not have the same last name.

If you still have questions about how to get a divorce, if you have a child, then ask them in the comments

If the spouses have minor child, then whether they file for divorce by mutual consent or not, the divorce proceedings will proceed judicially. It is not possible to get a divorce through the registry office if you have children, since family law primarily protects the rights of children, so the court during the proceedings will have to make sure that the husband and wife have come to an agreement about the conditions of their detention. Otherwise, the court will independently resolve this issue and determine the order of residence of the parents and the child.

Exceptional cases when you can get a divorce through the registry office if you have children, are situations where a divorce occurs unilaterally due to the recognition of a spouse as incapacitated, missing, sentenced to imprisonment for more than 3 years, and also if the child has reached the age of majority.

When applying to the court, an agreement can be drawn up between the parties on all additional divorce-related requirements, for example, on the procedure for maintenance payments or on determining the place of residence of the child. In this case, the court can immediately decide on the dissolution of the marriage, without examining the circumstances of the case.

Jurisdiction will also depend on the existence of an agreement, since if there is no dispute about children, then the case can be considered world court. However, if the claim contains other claims that are within the jurisdiction of the district court, then the whole process will take place in the district court.

How does a divorce work if there are minor children or the wife is pregnant

In the general case, spouses can dissolve a marriage both at the appeal and through the courts. However, divorce is legally allowed in the registry office only if the spouses no common minor children. It does not matter if there is a dispute about the order of residence, communication, child support, or the parties have settled these issues by agreement, a divorce can be issued only by court order.

If a divorce occurs, then in some cases the law completely limits the possibility of divorce. So, according to Art. 17 of the RF IC, the spouse does not have the right to file for divorce without the consent of the spouse, if she or has a child who is less than one year old. If the application was submitted, then the spouse must provide a certificate from the doctor that she is pregnant. In this case, the proceedings will be terminated.

At the same time, in practice there are situations when a husband, knowing about his wife's pregnancy, still goes to court, referring to the fact that the child is not from him. In this case, a genetic examination can be carried out to determine paternity, but before giving birth, the woman has the right to refuse it.

In which court to file for divorce if there are minor children

Magistrate's Court is the court of first instance in cases of divorce, if there is no dispute about children. If you have children, you can file a divorce claimif the application is accompanied by a written by the spouses, which will determine the following conditions for raising children:

with which of the spouses the child will live;
whether the spouse will be charged with maintenance obligations and in what amount;
what will be the procedure for the participation of the second parent in the life and upbringing of the child.

If the parties voluntarily could not agree on the possibility of maintaining children or are present in the amount of more than 50,000 rubles, then the divorce must be carried out. When combining several claims, if one of them is within the jurisdiction of the district court, then the claim for all other claims will also be considered in the district court.

Regarding territorial jurisdiction- filed with the court at the place of residence of the defendant (including actual), and if the place of residence is unknown, then at the location of his property or at his last known place of residence.

However, based on the rules of Part 4 of Art. 29 Code of Civil Procedure of the Russian Federation, the plaintiff may apply to the court at the place of his residence, if the claim is sent by the spouse, with which minors live children, or if, for health reasons, it would be difficult for the applicant to apply to the court at the place of residence of the defendant. To justify the change in jurisdiction, along with the claim, it will be necessary to provide supporting documents - for example, a birth certificate of a child or a certificate of serious health.

If the claim contains a requirement for recognition of paternity or for the recovery of alimony, the plaintiff can also apply to the court at his place of residence. However, there is a rule contractual jurisdiction- in this case, before the court accepts the case for proceedings, the parties must draw up an agreement and indicate the name of the court in which the case will be considered.

The procedure for dissolution of marriage through the court with children

An application for divorce through the court must be drawn up in accordance with the general requirements of Art. 131 Code of Civil Procedure of the Russian Federation on the form and content of the statement of claim. Appeal to the court takes place in accordance with the above rules for the jurisdiction of divorce cases.

If the parents cannot voluntarily, by agreement, resolve the issue of who the child will live with, then, according to the rules of Art. 78 of the RF IC, the court invites to participate in the case guardianship authorities who will have to examine such living conditions of parents as:

financial situation;
living conditions;
moral personal qualities of each of the parents, as well as their relationship with the child.

After it is rendered divorce decision, the marriage will be considered dissolved from the moment such a decision enters into legal force. Namely, if during 30 days no appeal will be filed and a new hearing on the case has not been scheduled.

After the entry into force of the decision, the court must send an extract on the dissolution of the marriage to the registry office at the place of registration of the marriage. However, in order to obtain and put the appropriate stamp in the passport, the spouses will have to apply with a court decision and an extract to the registry office where the marriage was registered or at their place of residence.

Application for divorce

The lawsuit for the dissolution of a marriage with children has its own characteristics. It must include the following circumstances:

The title of the claim should describe the main subject of the dispute and additional requirements, if any, for example: "A statement of claim for the dissolution of marriage and the determination of the place of residence of the child".
The descriptive part should indicate the date and place of marriage, the presence of common minor children and their age whether there is consent of the spouse to the dissolution of the marriage or an agreement on the procedure for the maintenance of children.
If a voluntary agreement is not reached between the spouses, then the application describes reasons for divorce. It also indicates the circumstances on which the plaintiff's claims are substantiated and supporting evidence is described - as grounds for divorce, the reasons that prompted the parties to divorce (for example, adultery) should be indicated.
If there is a dispute on the place of residence of the child or the procedure for communicating with him, the reasons why the child should live with the plaintiff should be reflected. For example, evidence of material wealth, housing conditions and other circumstances should be provided that confirms that the most favorable living conditions can be created for the child.
In the requesting part, you should indicate all the requirements presented with a request to satisfy them.

Look sample application you can go to court for divorce with children in 2019 at. There are also examples of lawsuits with additional stated requirements - for the recovery of alimony for the child and for the division of the joint property of the spouses.

Documents for divorce through court with children

When dissolving a marriage, documents must be attached to the statement of claim, which may vary depending on the stated requirements and the circumstances of the case. At the same time, in main list includes the following documents:

Applicant's identity card.
Marriage certificate.
Birth certificate of the child(ren).
Receipt for payment of state duty.

If the parties have voluntarily determined the conditions for the dissolution of the marriage and the procedure for the maintenance of children, then the claim is also provided relevant agreement.

TO additional documents may include any information confirming the position of the plaintiff. For example, if a claim is made for the recovery of alimony or about who they will be with, then information is provided, proof of earnings or other income each of the spouses.

Also, in a dispute about who the child will live with, the parties may provide documents confirming or preventing the possibility of the child living with his mother or father (for example, about the presence of diseases in parents, characteristics from the place of residence and work, whether anyone has problems with the law), as well as other documents that are important for the judge to make a decision.

All documents are submitted to the court in the form of copies, and the originals are provided directly at the court session. With the exception of the receipt of payment of the state duty, all documents must be sent to the court in duplicate- one for the court, and the other for the defendant.

State duty for divorce through the court in the presence of a child

In 2019, in accordance with paragraph 5 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation, the amount of the state fee for dissolution of marriage through the court is 600 rubles. It is paid by the plaintiff before filing a claim. For this you need to get court details in which the dispute will take place. You can do this by contacting the institution itself or finding them yourself on the court's website.

You can pay the state fee in several ways:

when contacting a bank branch through a cash desk;
through an ATM;
through the Internet bank - in this case, after paying the amount, you need to print a copy of the payment document (you should also check with the court whether such a document will be accepted or whether it will be necessary to stamp the receipt at the bank branch).

If the claim contains several claims, then the state duty is paid for each of them. So, if children are involved in the dispute and the issue of the order of communication with the child is being considered or paternity is disputed, you will additionally need to pay 300 rubles.

When collecting alimony and determining the place of residence of the child, in accordance with paragraph 15 of part 1 of Art. 333.36 of the Tax Code of the Russian Federation, claimant does not pay state duty, since these claims are aimed at protecting the rights and legitimate interests of the child.

After the entry into force of the court decision, the parties need to obtain divorce certificate. For this each of the spouses will also have to pay a state duty in the amount of 650 rubles.

Divorce in court with children with division of property

According to the rules of Part 4 of Art. 60 RF IC, the child has no right to the property of the parents, as well as parents on . Therefore, in the event of a divorce, everything acquired by the spouses during the marriage is divided only between them.

Items purchased to meet the needs of minors (clothes, shoes, accessories necessary for education, etc.), not subject to division and are transferred to the parent with whom the child remains, without the right to claim compensation for their value. Also, a cash deposit opened for a child is not subject to division and is the property of a minor.

To maintain the financial security of children, legislation (part 2 of article 39 of the RF IC) provides for the possibility deviations from equality of shares when dividing the common property of the spouses taking into account the interests of minors. Based on practice, it is obvious that the court may increase the share of one of the spouses, taking into account the following circumstances:

After a divorce, several minor children remain with one of the parents.
The child is disabled.
The parent who stays with the child has a low income.
The second spouse is not involved in the upbringing and material support of the child.

Who does the child stay with after a divorce?

If there is a dispute about children, in most cases, especially if the child is a minor, the court decides to leave him to live with his mother, since it is generally accepted that when growing up, children need more maternal care.

In exceptional cases, the child may stay with the father, however, when making such a decision, the court takes into account the following circumstances:

The father is able to financially provide for the child, but the mother is not.
The mother is not employed and does not make any attempts to earn a living.
The mother leads an asocial lifestyle.
The mother is incapacitated or seriously ill.

According to Art. 57 of the RF IC, if the child over 10 years, then when resolving the issue of with whom he will live, the court must take into account the opinion of the minor himself.

After it is determined with which of the parents the child will remain, for the second parent in any case preserved with him. If there is reason to believe that the mother or father will interfere with meetings with the child, then in the framework of the lawsuit, the requirement for determining the order of communication.

The court in such cases makes a decision, taking into account the interests of the minor, as well as such conditions as the age of the child, the state of health of family members, the relationship of the child with the parent and other relevant circumstances.

Questions from our readers and answers from a consultant

My wife and I are divorcing, we have an 11-year-old child and an apartment in which we are all registered, but it is owned by my parents. After the divorce, the son remains with his wife. Can they claim part of this apartment?

Your parents' apartment is not jointly acquired property between you and your spouse, therefore, the specified living space cannot be subject to division upon dissolution of the marriage. Your wife and child have no ownership rights to this dwelling.

Good afternoon! I'm filing for divorce and have a minor daughter. The husband officially does not work, but agrees to pay about 10 thousand rubles for a child. How should I proceed in this case?

It is advisable for you to draw up an agreement on the payment of alimony and certify it with a notary. If the agreement cannot be signed, then the alimony can be collected through the court (during or after the divorce). The application will need to indicate that your husband's earnings are irregular. Then the court can determine the amount of child support in a fixed amount of money.

Divorce is an extremely unpleasant and complicated process. Sometimes married couples break up very quickly, and in this case it is carried out with the least loss for both spouses. However, situations often arise when the divorce process begins in couples who have lived together for many years and managed to have children.

This radically changes the situation, since, in the presence of minor children, it is stressful not only for spouses, but also for their offspring. Such a divorce, as well as its stages and nuances, will be described below.

certified by both;
identity cards of both spouses;
marriage registration certificate;
a document confirming the payment of the state duty due in such cases.

Note! Without payment of the state duty, neither the registry office nor the court will make a decision to terminate your marriage.

Divorce through court

Divorce through the court, in the presence of minor children, is the only possible scenario. To initiate this process, the plaintiff, who will be one of the spouses, must file a claim at his place of residence. Consideration of such cases is possible both in the magistrate and in the district court, subject to the conditions necessary for this.

After that, a date will be set for the consideration of this case and notifications about this will be sent to all persons whose presence at this process is necessary. During the consideration of the case, the court will carefully examine the reasons that became the impetus for the decision to dissolve the marriage and, if it becomes possible to save it, the consideration of the case will be postponed so that the spouses can think it over again and weigh all the pros and cons ".

If the spouses, after the expiration of the time allotted to them, have not changed their decision, then the court will decide on this case. In case of disagreement with the decision of the court, either of the spouses will be able to file an application with a request to appeal to higher authorities. In order to exclude such situations, it is better for spouses to come to an agreement on the following points:

resolve the issue related to the division of jointly acquired property;
decide who will live with the children and how often the other spouse will be able to visit them;
identify the amount of alimony that suits both parties and the procedure for their payment.

Agreeing on all of the above points will not only help save you and your children nerves, but will also significantly speed up the divorce process itself.

What documents are required

For the implementation of a divorce, in the presence of minor children, through the court, it is necessary to prepare the following documents:

a statement of claim filled out according to the established model;
identity cards of both spouses or at least the plaintiff if the other spouse is absent;
certificate of marriage, issued by the registry office;
birth certificates of children;
documents certifying the fact of payment of the required state fees.

In addition, if necessary, the court may require the submission of other documents that will be needed to make a decision. Their list may include the following papers:

an application with a request to divide the jointly acquired property or with a request to establish a parent with whom the offspring will live;
documents on the income of each family member;
a document confirming the incapacity of one of the spouses;
in the case of representing the interests of one of the spouses in court by an outsider, it will be necessary to present a power of attorney, with a description of all the powers granted to him.

This list may be expanded or changed depending on the situation.

What to write in a divorce application?

In the statement of claim for divorce, which is filled out by one of the spouses, the following things must be indicated:

the name of the court in which the claim is filed;
contact details of the spouse who is the plaintiff;
contact details of the spouse who is the defendant;
until what date did they live together;
children data. These include their age and gender;
information about marriages that were registered earlier;
you must specify ;
if the issue of the place of residence of children and the issue of division of joint property is resolved by mutual agreement, then it is necessary to indicate this in the application;
enumeration of the list of attached documents;
number and signature.

An application with a similar structure is suitable for both the world court and the district court. The difference will be that it is necessary for the district court to describe in more detail the essence of the disagreements that have arisen between the spouses regarding property or offspring.

How long does it take to get divorced if you have children?

The terms of the divorce process, in the presence of minor children, are calculated taking into account the following factors:

the minimum time required for this process is two months;
at least 30 days elapse between the submission of the application and the first meeting;
if the decision was made immediately, then the spouses must wait another 30 days before it enters into force.

Note! In practice, everything usually takes much longer and depends on how quickly the spouses come to an agreement on all key issues.

What if the child is less than three years old

In this case, when divorcing his wife, the spouse will have to pay alimony not only for children, but also for his wife. This is due to the fact that the spouse will be on parental leave and will not be able to work until the child is 3 years old. If the baby is under 1 year old or the wife is pregnant, divorce is possible only at the initiative of the spouse or with her consent.

Determination of the place of residence of the child

It is carried out in the following ways:

on the basis of mutual agreement, when the spouses decide for themselves with whom their children will remain;
based on the court decision, formed on the preference of the children, the financial situation of the parents and the conditions that they can provide for their maintenance.

Important! In most cases, the court inclines to the side of the mother, unless there are good reasons for making a reverse decision.

What do you need to keep your kids with you?

For this you need:

the desire of children to stay with you;
favorable living conditions and decent wages;
the inability of the other spouse to care for the children.

Finally

Divorce in the presence of two or more children differs from the usual one only in the amount of alimony paid. If there are 2 children, the amount of alimony is equal to one third of the earnings, and with 3 or more - half.

The contestation of the decision on divorce must be carried out within 1 month from the date of the decision in the final form and can be filed in the form of an appeal. If the decision has not yet been made, your objections can be set out by filing a counterclaim. The rules for their registration can be found here.