Unhappy marriage is a bad environment for a child, which negatively affects his psyche and social development. With such problems, divorce is the only right decision, but the presence of small common children complicates the process. The judicial system in any country protects the interests and rights of young citizens paramountly.
How to apply for a divorce if there are underage children?
This situation does not provide for a 30-day cancellation of marriage through the services of recording (recording) acts of civil status changes (registry office, RAGS). Divorce of spouses who have minor children is carried out mainly by the court. A simplified version is allowed only when one of the participants in the process:
- disappeared;
- incompetent;
- he is in prison (from three years).
In other situations, the execution of a divorce in the presence of minor children is performed by a district court. Any of the partners can become the initiator of the process if each child has more than a year in the family. A claim from a man is not accepted if he decided to part with his pregnant wife or leave as the father of a baby. We'll have to wait until the baby turns 12 months old or get a woman's consent to the marriage termination.
The order of divorce in the presence of minor children
Legislation provides for a variant of hasty separation, so both sides are given time for negotiations and deliberation. The procedure for divorce in the presence of a minor child takes at least 1 month, but more often lasts up to six months. During this period, the partners will have to settle property and material disputes, take a decision on custody.
How does a divorce occur when there are underage children:
- Preparation of all necessary documents.
- Writing and submitting an application.
- Consideration of the claim by the judicial secretary.
- Assign a hearing if the document is approved. Sometimes a few repeated meetings are required.
- Registration of the certificate.
Documents for divorce in the presence of minor children
In order for the court secretary to approve and accept the application, it is important to prepare additional papers. When applying for divorce in the presence of minor children and a copy thereof, the following documents are attached to it:
- a receipt for the full payment of the assigned fee;
- the original and a copy of the act of entering into a current marriage;
- an extract from the registration house book;
- passport and confirmed copy;
- evidence (original) about the birth of all available children.
The judge can also request clarifying documents: property inventory, medical reports and others. Divorce in the presence of minor children is a thorough and complex procedure, during which the legal body has to take into account and protect the interests of each child. Sometimes this requires finding out the financial position of the plaintiff and the defendant, establishing their social well-being and their moral appearance.
Application for divorce with a minor child - sample
In the legislation there are no strict rules for drafting the described legal document. The statement of claim for divorce with minors (example below) should contain information:
- name, address of the court;
- data on the defendant, the plaintiff (registration, place of real residence, name, surname and patronymic);
- date, place of marriage;
- motives of parting;
- reasons why you can not divorce without trial;
- information about each child;
- clarification of joint acquired tangible property;
- direct application for the beginning of the process of divorce;
- list of attached documents;
- signature;
- date.
Divorce in the presence of mortgages and minor children
When joint housing is purchased on credit, property obligations are divided equally. In such situations, divorce, if there is a minor child, affects only the amount of the share of each mortgage participant. With the final distribution of living space and the amount of payments, the bank is accounted for who will be the guardian. If a studio apartment is bought on credit , the section is not implemented. It remains to live a parent who is responsible for children. The second partner is either evicted with compensation, or the former wife and husband are looking for other ways to solve the problem.
Mutual divorce in the presence of minor children
Often both spouses are aware that it is not advisable to continue living together. In such cases, the process of divorce in the presence of underage children is much faster. A man and a woman make an agreement on the distribution of property in advance and come to an agreement on guardianship and alimony. A joint suit is drawn up, and divorce by mutual decision in the presence of minor children is confirmed in the world court. The whole process and obtaining a certificate of this takes about a month.
With whom do minor children remain in the divorce?
This scrupulous question is considered depending on many nuances. The rules for divorce in the presence of underage children contain evidence that both parents have the same rights to raise heirs. The decision on guardianship is made on the basis of the following factors:
- the desire of the father and mother to live with the child;
- material possibilities;
- physical, emotional and mental health of parents;
- pernicious addiction, the propensity to violence with one of the guardians;
- environment (relatives, friends).
When a divorce is in the presence of minor children legally performed with the participation of adolescents (over 10 years of age), the judge and guardianship agencies will inquire, with whom and why they want to live. The children are mostly left to the woman in accordance with the Declaration of the Rights of the Child (signed on November 20, 1959). It mentions that small children should not be separated from their mother with rare exceptions.