Perhaps you will be surprised, but, according to statistics of recent years, almost half of all registered marriages fall apart. Perhaps the percentage of divorces in our country is so great because of the simplicity of their registration, because earlier, when the couple could only get divorced from the official permission of the church, divorces were much less. But, one way or another, the family ceases to be a family after the decision to dissolve the marriage, and most of all it affects the children. The smallest members of the family always have a hard time experiencing the parting of the pope and mother, especially if the parents do not quarrel about the children during the divorce. Below is the information that should be known to those who are going to divorce: how to arrange a divorce in the presence of children , what documents must be submitted, with whom after the divorce will remain a child, etc.
The process of divorce in the presence of children
If a family with a child under 18 is applying for divorce, then it is carried out only through the court. There are no other options, because the court session is held in order to protect the rights of the child and to ensure that when he is divorced he is not harmed in any way (residence, property, communication with one of the parents). Another option - if the child has not yet turned a year, then in divorce you simply refuse: a divorce with young children by law is not allowed.
So, when the decision is made, one or both parents must collect the full package of documents and transfer them to the judicial office of the place of residence where the claim will be registered and the first court session will be appointed. This package of documents includes the following securities:
- the statement of claim itself;
- copies of spouses' passports;
- Marriage certificate;
- the birth certificate of the child;
- if the spouses have a dispute about the division of real estate, then you need legal documents for it.
At the first meeting, the decision is, as a rule, never taken. Spouses are given another month in case they still change their mind and withdraw the claim. A month later, at the appointed time, they should appear with the original passports for the second meeting. The judge usually asks questions about why the husband and wife decided to divorce, for what reasons their family life did not develop. Also prepare for questions about children: do you have a mutual agreement on who they will remain with after the divorce, how often and where will they see their second parent, etc. The alimony will be decided: they are usually paid by the father of the child, if he remains to live with his mother, but recently in the judicial practice, there were precedents when alimony was awarded to the mother.
At the end of the meeting, the court issues a final decision on the divorce. To make it effective, you should visit the registry office in the next few days at your place of residence, where you will be issued a certificate of divorce.
The entire procedure for divorce, if the spouses have a child, takes about 2 months.
Disputes about children in divorce
As practice shows, children divorced by parents themselves, deciding between themselves, with whom they will live. In the overwhelming majority of cases, children remain with their mother: her natural role as a woman and her wet-nurse is affected, even if the children are already quite old. The natural maternal instinct of caring for their offspring does not allow mother to leave her children to her father, even if he is quite worthy of it. Dads often put up with this situation. If the spouses themselves have distributed, with whom the children will live in the future,
If the parents could not come to such a decision, then the court will issue it on the basis of data on the financial situation of both spouses and who of them is better able to ensure the living of the child, with whom the child will be better in terms of education, etc. Accepted in attention and opinion on the child's own account.
When divorcing through a court with a child, the parents face an important task: it is possible to explain to the child that they, although they will not live together more, still love and will always love him always, and he will always be able to communicate with the pope and with his mother.