Divorce or, in dry legal language, divorce is always a tragedy for the family. Divorce in the presence of children, especially with a child of up to a year, often seems impossible to spouses. Meanwhile, all couples who can not live together, constantly argue and find out the relationship, but justify their unwillingness to get divorced by the presence of children, it is worth considering: is it really for the child to live better in a family where parents constantly quarrel? Will not this be a greater psychological
trauma to the baby?
In this article, we will talk about the legal side of divorce, consider how a divorce is carried out, if there are underage children, to whom the child remains when divorcing, etc.The process of divorce in the presence of children
The conditions for divorce in the presence of children are somewhat different from the conditions for divorce, in which there are no children. Of course, this is due to the need to take into account the rights and interests of children. The main difficulties in the divorce of spouses with common children is usually finding out who the child remains in the divorce. This takes into account the material condition of each spouse, the availability of suitable living space for children, other necessary conditions, as well as the consent of children in divorce (that is, if the child expresses the desire to live with one of the parents, the court must take into account this desire).
Unlike usual divorce, divorce can be made only through a court, in the presence of children, because in this case it is necessary to legally fix certain legal consequences of divorce: the division of property, the assignment of alimony, the procedure for raising common children and their place of residence. However, there are a number of cases where divorce is possible in the registry office, even if the spouses have general minor children if:
- The spouse is recognized incompetent.
- The spouse is recognized as missing.
- The spouse is convicted of committing a crime and sentenced to imprisonment for more than 3 years.
Usually a divorce process can be initiated by one of the spouses (even without the consent of the other), the exception is the period of the wife's pregnancy and the first year after the birth of the child (even if the child was born dead or not lived to the year) - in this case the husband does not have the right to get a divorce without consent then the wives. In these cases, even if the applications of both spouses were initially accepted, and during the trial the wife began to object to the divorce, the divorce case is dismissed.
To get a divorce in the presence of minor children, you need to file a lawsuit with the court. Its form and the amount of the state duty to be paid at the same time is regulated by the relevant acts and rules of legislation. The decision on who and in what ratio will pay the state fee for the dissolution of marriage, the spouses themselves decide. You can apply both personally and with the help of a lawyer. You can apply to the local court (at the place of residence of one of the spouses). If both spouses agree to a divorce and have resolved questions about the upbringing and living of children, their financial security, sharing of property, etc., a contract is attached to the application, in which all this is indicated.
Depending on the consent (disagreement) of both spouses for divorce, the workload of the judicial apparatus during this period, the absence or presence of an artificial delay in divorce proceedings, etc. the term for resolving the issue of divorce is on average 1.5-3 months.
If at the appointed time the spouses did not appear in court (without valid
But remember: if you have common children during divorce, try to make the process as less as possible traumatic for them - do not talk badly about the spouse, do not swear at the children, the child should not think that he caused your quarrels or feel inferiority because of that his parents do not live together.