Marriages do not always work out well and sometimes people cannot live together, deciding to separate. But if there is a child, then some nuances appear that require special attention.

Stages of the divorce process

First you need to figure out where to apply if you have a child. If this is the situation, then the issue will be dealt with not by the Civil Registry Office, but

For clarity, the divorce process can be divided into the following stages:

• collecting the necessary package of documents;
• filing a correctly written application and materials with the court;
• court hearings;
• decision-making.

A couple can submit a joint application. But it can also be filed by the initiator of the divorce.

Before filing for divorce, if there are minor children, in addition to the application, you need to prepare the following package of documents:

• passport of the spouse who acts as the initiator;
• birth certificates of common children;
• marriage certificate;
• Be sure to attach a receipt for payment of the state duty.

It is also worth making copies of papers. You need to know some of the specifics of the question of where to file for divorce if you have a child. The important thing is that the application should be submitted to the court that relates to the defendant’s place of residence.

To consider the claims against the defendant, the court will also need other papers. To make a decision regarding alimony, you should not forget to attach a certificate of family composition and a document that confirms your financial situation. A woman on maternity leave has the right to demand alimony for the child and herself.

In case of property disputes, you will also need a number of papers. If spouses share real estate or transport, then documents for them should be attached. To resolve the issue with the section household appliances or furniture, you must present receipts and passports for these products. Should be attached full list all property that needs to be divided. If any other documents are required, the court will notify you about this.

It should be remembered that divorce cases are resolved relatively quickly, unlike property disputes. So, in the latter case, additional examinations and calling witnesses may be required. Therefore, it is better to submit two different applications: one for divorce and the second for division of property. Then the couple will be able to quickly obtain a decision on divorce, and it does not matter how long the property disputes last.

Divorce procedure

After preparing the case, the judge will set a date for the hearing at which the husband and wife must appear. Each spouse must be officially notified of this. The meeting will be scheduled 1 month after submitting the application, not earlier.

The trial may be postponed if one of the couple has a valid reason for being absent from the hearing. And also if the judge does not have information that each spouse has received notice of when and what time the trial will take place.

The court may set a time limit for reconciliation. If, after its expiration, the couple does not appear at the meeting, the judge has the right to cancel the application.

After a court decision is made, information about it is sent to the Civil Registry Office. There, the necessary mark is placed in the marriage certificate.

Sometimes people are interested in how to file for divorce, if there is any Small child. It must be taken into account that divorce is not allowed when a baby is growing up who is under 1 year old, or if a woman is pregnant. An exception is when one of the couple violated the law in relation to the second spouse or children. Divorce is also permitted if paternity has been recognized by another man or the husband’s paternity record has been removed by a court order.

« How to get a divorce if you have a child“- such a request on the Internet is highly popular among spouses who have decided to apply for divorce. Divorce can be carried out government agencies if the spouses have children, however, the parents will have to resolve issues related to the fate of the child.

Divorce with minor children

Who dissolves the marriage?

Some citizens who want to file a divorce try to find answers to their questions and often enter the query “ how to get a divorce if you have a child" First of all, they should find out which government bodies are authorized to dissolve the marriage union of those citizens who have children together.

Judicial authorities

By general rule, fixed in Art. 21 of the RF IC, divorce of spouses who have common children under 18 years of age is carried out in judicial procedure.

Civil registry offices

At the same time, the legislator regulates exceptional cases when a spouse can obtain a divorce in the registry office. So, according to Art. 19 of the RF IC, an application for divorce is accepted from a spouse, regardless of the presence of children, when the second spouse:

1. Declared incompetent.
2. Recognized as missing.
3. Sentenced to more than 3 years.

Only in the presence of the specified circumstances can a spouse petition for termination of the marital relationship, excluding judicial consideration of this issue.

Procedure for divorce

Collection of documentation

To initiate a divorce procedure, both spouses or one of them write a corresponding application and collect the necessary documentation.

After authorized officials of a government agency accept papers from a citizen, he has 30 days before making a decision on the application.

A standard set of divorce papers requires:

• Statements ().
• Passports.
• Marriage certificates.
• Children's birth documents.
• Statement of claim for division of property (See. How is property divided during divorce? How are loans divided in a divorce?).
• Documents confirming rights to property.
• Powers of attorney, if the interests of the spouse will be represented by his representative.
• Receipts for payment of duties (See. How much does a divorce cost: state duty for divorce in 2014 (court, registry office)?).

Making an application

An application for divorce can be submitted either in the form of a written document or in the form of an electronic message.

If a citizen sends documents to the registry office in electronic form, then he must ensure that they contain his personal digital signature.

The government services portal provides citizens with the opportunity to use its services and send documentation and an application to the electronic mail address of the registration authority.

If one of the spouses makes an application, while the other was declared incompetent or was sentenced to imprisonment, then the second spouse must be notified by state authorities of the receipt of the application before the decision on divorce is made. If a citizen is incapacitated, his guardian is notified in accordance with the established procedure.

Consideration of the application

If a citizen has submitted an application to the registry office, he must appear within the time period specified by the officials who accepted and registered his application. Persons who have applied to the court appear at the hearing on the day specified in the agenda.

The court that has considered the application for divorce may decide:

1. Divorce the marriage.
2. Refuse the claim.
3. Postpone divorce for up to 3 months.

Powers of the court when considering a divorce case

The main goal of a court resolving the issue of divorce of spouses with children is to protect the interests of the child, which are paramount.

The norms of family law establish the right of parents who have given consent to divorce to submit an agreement about the children to the court. This document may include items related to issues of the child’s place of residence and alimony paid for the maintenance of the child.

If the agreement was not accepted or the parties were unable to independently resolve important questions concerning their children, such powers are transferred to the jurisdiction of the judiciary.

Thus, the court considers problems associated with:

• Place of residence of the child. It decides which parent will live with the child and who will have the right to visit him.
• The spouse who is recognized as obligated to pay child support.
• Division of common property.
• The amount of maintenance paid to a spouse.

Decision of the authorized body

After the 30-day period, the authorities registering the marriage of citizens register their divorce.

It is the date of registration and making the corresponding entry that will be considered the moment of termination of the marriage relationship between the spouses.

If the decision on divorce was made by the court, then citizens are considered divorced from the moment this decision enters into force. Within 3 days from the moment the decision acquires legal force, the judicial authorities send the relevant extracts from the decision to the registration authorities to register the divorce.

Registration of divorce

This procedure is regulated in detail by the Federal Law of November 15, 1997 N 143-FZ. It involves the registry office making records of the end of the marriage relationship, as well as issuing divorce certificates to individuals.

When making a record of the act of divorce, authorized officials enter information about divorced citizens:

• Place and date of birth.
• Citizenship.
• Location.
• Nationality.
• Education.
• Whether the dissolved marriage is the first or repeated.
• Presence of children under 18 years of age.
• Date of entry.
• Record number.
• Date of termination of marriage.
• Passport details.
• Details of the divorce document.
• Details of the document that served as the basis for the divorce.

Children Agreement

If the parties to the divorce proceedings took care in advance to draw up a written agreement in which they set out their positions regarding common children under 18 years of age, this will greatly facilitate the work of the court.

As a rule, in a parental agreement, citizens seek to consider issues related to the child’s place of residence, as well as the rights and responsibilities of parents in relation to their children.

In particular, the parties may consider the order of communication with the child of the parent who will not live with him.

They can regulate exact time and days on which the parent will be able to meet with the children. At the same time, one can point out the mother’s duty to refrain from erecting obstacles to such meetings.

Agreement form

The agreement between husband and wife regarding their children must include:

• Date and place of compilation.
• Information about parents.
• Information about children under 18 years of age.
• Passport details of parents and children.
• Details of the children's birth certificate.
• Signatures of each party to the agreement.

This means that citizens with children and who are married can get a divorce based on a court decision. Divorce in the registry office is possible in the presence of exceptional circumstances established by law.

Divorce of a married couple who does not have children or has adult children, in the absence of property claims and disagreements, takes place quite simply and quickly through the registry office. But the procedure for divorcing spouses if they have a child becomes much more complicated.

As practice shows, the divorce of a family in which there are minor children is a very complex process both legally and psychological point vision. The main feature of such a divorce process is that, regardless of the existence of a mutual agreement between the parties, the divorce procedure takes place in court. It is the judge, carefully considering all the circumstances of the case, who makes the decision with which parent the children will live on a permanent basis in the future.

If one divorcing parent independently refuses to live together with the children and raise them full-time, or one parent does not meet the required conditions for providing for the children, a court decision on divorce is usually made much faster.

The situation is more complicated when both divorced parents express their intention to independently raise their common children and satisfy all the conditions for upbringing. In this situation, the judicial divorce process can be significantly delayed.

If a minor child is already ten years old at the time of his parents’ divorce, he is also involved in the divorce proceedings, allowing him to express his opinion with whom he wants to live permanently in the future.

During court hearings during divorce proceedings, the future is established, the amount of alimony payments for children and spouses is determined, and is made.

It should be noted that property, financial and parental rights Women during divorce are much more protected by law and regulations in comparison with a man, as evidenced by numerous judicial practices.

Thus, at the request of the wife, the marriage can be dissolved by the court without the consent and without the presence of the husband. At the same time, if the wife (if there are children) does not give a divorce, then the divorce process is greatly complicated and, as a rule, in this situation it will take a long time. litigation difficult to avoid.

The husband has no right to divorce without consent, and also during the first year after the birth of the child. It does not matter whether the spouse recognizes the child as his own. In the absence of the wife's official consent to divorce, the judge does not have the right to begin divorce proceedings until the child is one year old.

A pregnant woman, giving her consent to a divorce, has the right to demand alimony regardless of her financial condition until the child reaches three years of age.

Where to contact?

Divorce occurs exclusively through the court, not only if the married couple already has children who have not reached the age of majority, but also if the wife is pregnant.

So, in order for a wife to divorce, if there are children, but there are no disagreements regarding the division of marital property, the further place of residence of the children and the order of their communication with their parents after the divorce, it is necessary to apply to the magistrates’ court. Divorcing spouses need to submit the prepared documentation to a judge with jurisdiction determined by Russian procedural legislation.

No matter what life circumstances put a family on the brink of divorce, parents are obliged to take care not to violate the rights of minor children in a stressful situation. Parents and legislators are calling on parents and legislators to carry out the divorce process quickly and painlessly for the most vulnerable members of the family - children. To achieve this task, family law offers several options for resolving divorce issues in the presence of minor children.

If one of the spouses is against

Situations when one of the spouses does not want a divorce are not uncommon. Reasons may be of different nature: from material to psychological. But regardless of the motives of each spouse, the refusal of one of them to divorce will cause additional troubles for the whole family.

Negative consequences of one spouse’s refusal to divorce if there are minor children:

• inability to reach preliminary reasonable agreements on the division of joint property;
• the need to prove in court the presence of circumstances that make it impossible to continue family life(bad habits, adultery, beatings, etc.);
• delays in the preparation of divorce documents;
• inability to agree on the financial support of children and their joint upbringing.

Despite the presence of objective difficulties, the refusal of the husband or wife to dissolve the marriage is not a reason for the court to refuse the plaintiff (applicant) to satisfy the application for divorce. The marriage is dissolved in any case.

Divorce by mutual consent in the presence of minor children

As a general rule, if there are children under 18 years of age, the divorce procedure is carried out only through the court.

The presence of mutual consent to divorce does not affect the need to go to court, but the procedure itself can be significantly simplified.

How to file for divorce if you have minor children, so that the whole process goes quickly and painlessly:

• before filing an application with the court, you should agree on how the property will be divided and how child support will be paid;
• agreements to be consolidated in official documents according to the requirements put forward by the law;
• Having documented evidence of the absence of material claims and the settlement of the issue of alimony, draw up a claim in which to refer to these circumstances: “I have no material claims, an agreement on the payment of alimony has been signed, which is confirmed by relevant evidence”;
• petition the court not to give the parties time for reconciliation;
• both spouses carefully comply with all court requirements.

This divorce procedure will allow as soon as possible obtain a court decision and, moreover, by the time the marriage is officially dissolved between the spouses, all property issues and questions about the procedure for raising children will be resolved.

If one of the spouses only declares their readiness to divorce, but does not want to agree on other issues related to the divorce, demands for division of property and alimony should be raised in the statement of claim for divorce.

Administratively

If you have minor children, you can file a divorce administratively (through the registry office) in three cases:

• there is a court decision that has entered into force that the husband or wife has been declared incompetent;
• there is a court decision that has entered into force that one of the spouses is missing;
• if one of the spouses is serving a sentence of imprisonment for more than three years.

The spouse who wishes to divorce submits to the registry office at the place of registration documents confirming the presence of one of the listed circumstances and fills out an application for divorce.

Based on the results of reviewing the documents, the marriage is dissolved. In other cases, it is impossible to get a divorce through the registry office if there are minor children.

Through the court or registry office

A family raising children under the age of majority has no choice in determining the authority through which the divorce will be carried out. In this case, only the court has the right to make a decision by which the broken marriage will be dissolved. Mandatory appeal to the court is established by the Family Code of the Russian Federation and no exceptions to this rule are provided.

Timing and procedure for divorce proceedings

The procedural rules stipulate that consideration of civil cases should be carried out within two months.

However, this period is not strictly limited and, in the presence of procedural circumstances, can be either shortened or extended.

Reduced term:

• attendance at all court hearings by both parties to the process and compliance with the judge’s requirements;
• filing a joint petition stating that there is no need to provide a period for reconciliation;
• the absence of questions related to the division of property in the application;
• absence of appeals and cassation complaints against court decisions.

Increased deadlines:

• failure to appear in court;
• appealing court decisions;
• failure to comply with court requirements to provide necessary documents;
• filing counterclaims and initiating legal proceedings, without decisions on which it is impossible to continue consideration of this dispute.

You can learn about how the divorce process occurs from the Code of Civil Procedure of the Russian Federation:

• the initiator submits an application to the court (jurisdiction must be respected);
• the court opens proceedings in the case and summons the parties for court hearings;
• During the hearings, the parties have the right to give explanations, present evidence, invite witnesses, ask the court to conduct examinations and otherwise prove their claims or objections.
• Based on the results of the hearings, the judge either makes a judicial decision if he believes that all the circumstances of the case are confirmed by evidence, or requests additional evidence from the parties, and only after that makes a final decision.
• After the court decision is issued (within 5 days after announcement), a copy of it can be obtained from the court office and an application can be submitted to the registry office at the place of registration to obtain a divorce certificate.

Necessary documents (registration)

The application for divorce must be accompanied by those documents that confirm the circumstances set out in the claim itself:

• a copy of the marriage certificate;
• copies of children's birth certificates;
• certificates of family composition, which indicate with whom and where the children live;
• if the application refers to the division of property, then all title and settlement documents for the things that the court will divide are provided;
• To decide on the payment of alimony, the court will need information about the income of the mother and father of the children.

These are documents for solving standard situations. If there is other evidence that may influence the court's decision, the parties are obliged to present it on time.

Who will the children stay with?

Initially, parents can decide the issue of raising and living children on their own. And only if it is not possible to reach an agreement peacefully, the plaintiff can bring before the court the question of determining the place of residence of the children.

The children will remain with the parent who can provide them with normal conditions for living, education and training. Under equal conditions, the court gives preference to the mother.

The presence of equal conditions does not mean that the court will compare whether the mother or father is better off. All circumstances of the children’s residence are determined. Starting from the age of ten, a child has the right to declare which parent he wishes to live with. The court must take into account the child's opinion.

Agreement on the maintenance and upbringing of a child

Former spouses can agree on how to support their common children and how to raise them both before filing an application to the court and during the judicial review.

Issues that must be resolved in the Children's Agreement (this is the name of the document confirming the existence of an agreement):

• with which parent each child will live;
• what rights and responsibilities will each parent have in the process of upbringing;
• the amount and procedure for paying alimony;
• You can discuss options for joint vacations, etc.

If a divorce occurs when there are two minor children, an agreement can be drawn up both for each child individually and for all children at once.

If the agreement deals with alimony payments, then this document must be notarized so that in the event of a violation of the procedure for paying alimony, such an agreement has the force of an executive document.

Mortgage and division of property

Having an unpaid home loan will make the divorce process much more difficult. But the need to divide the mortgage cannot be a reason for refusing to divorce.

When dividing property in the presence of minor children, the judge has the right to deviate from the principle of equal shares in the joint property of spouses and divide the mortgaged apartment, taking into account the interests of not only the parents, but also the children.

As practice shows, in such cases the apartment remains with the mother and children, and the father receives the right to recover from former family monetary compensation for the part of the apartment due to him.
The ex-spouses continue to repay the loan jointly.

In what cases is divorce impossible?

The legislation does not provide for such circumstances in the presence of which the marriage will not be dissolved by the court. The only reason why the court has the right to return the claim to the applicant is the lack of necessary documents. However, after restoration or receipt of these documents, the divorce process can be resumed at the initiative of the plaintiff.

State duty

For 2015, the state fee for divorce is set at 300 rubles. This amount is paid for an application in which the plaintiff asks only to dissolve the marriage and collect alimony, but if the claim contains demands for division of property, then the amount of the state duty is determined according to the grid specified in the Tax Code of the Russian Federation.
Payment is calculated in percentage to the price of the property that the spouses plan to divide.

The fee is paid before filing an application with the court. If immediately after filing the parties decide to reconcile, then by court decision the amount paid to the budget may be returned to the payer.

An officially registered marriage can be dissolved either in the registry office or through the court. Divorce proceedings involving property disputes or if spouses have minor children are carried out in court. In the absence of these factors, it is enough to submit an application to the registry office.

Which court should I go to for a divorce if I have a child?

Divorces in the registry office are also considered in cases where one of the spouses is missing, is serving a sentence for a criminal offense in prison (for a period of 3 years or more), or is incapacitated.

An application for divorce is filed in court in the following cases:

• The presence of minor children (even if there are no disputes between spouses on this issue);
• When dividing property (if its value is 100 thousand rubles or more);
• If one of the spouses does not agree to give a divorce.

That is why most of divorces are considered in court. Where to go in case of divorce if the spouses have minor children? You can appeal to the magistrates or district (city) court. You should contact the Magistrates' Court in cases where:

• The parents came to an agreement about the child’s place of residence after the divorce;
• There are no disputes about the division of property;
• There are no other claims that complicate the divorce process;
• The parties agreed on the issue of alimony;
• The defendant did not file a counter-statement.

All other cases are considered by the district (city) court.

An application for divorce is submitted to the district (city) court at the defendant’s place of residence. However, it often happens that the trial takes place in the court at the place of residence of the plaintiff. This happens in the following cases:

• If, due to illness or disability, it is difficult for the plaintiff to move independently;
• If minor children live with the plaintiff.

Video: How to file a claim for divorce in court? Sample, writing rules!

What to include in a divorce application?

The statement of claim has a prescribed form. The court must provide a sample on which to fill out your application. The claim must indicate:

• The name of the court where you are filing for divorce;
• Information about the plaintiff (his representative), including residential address;
• Information about the defendant;
• Marriage certificate data, terms of the marriage contract (if any);
• Reasons for divorce (the exact wording of such reasons is not provided for in the law, as well as criteria for dividing them into respectful and disrespectful; it all depends on the circumstances of the particular case and the decision of the judge. Most often, adultery, alcoholism of one of the spouses, drug addiction are indicated as the reason for divorce dependence, different views on parental upbringing, incompatibility in intimate life, mental illness, disrespectful attitude, cruel treatment, etc. If there is a marriage contract, the violated clauses are indicated separately);
• Evidence confirming the specified reasons for divorce (certificate from a narcologist or hospital, medical examination of beatings);
• Eyewitnesses and witnesses who will confirm the plaintiff’s words and will be able to speak on his side;
• List of documents provided.

When filing a claim in court, you must provide the following information:

• Information about the child or children;
• The decision of the parents to determine the place of residence of the children, disagreements on this issue (if any);
• The amount of alimony required;
• additional information(for example, about improper performance of parental responsibilities by a spouse).

Additional information is especially significant if, in addition to the divorce claim, other applications are sent to the court (for the payment of alimony, division of property).

What documents are needed for divorce when there is a child?

The list of documents required to file a claim for divorce is regulated by law, it includes:

• Application to the court (must be completed in accordance with the sample);
• A copy of the plaintiff's passport;
• Copies of marriage and birth certificates;
• Receipt for payment of the state duty (the state duty for divorce in 2016 was 650 rubles).

Certain documents, as necessary, may be additionally requested by the court, including:

• To calculate alimony - certificates of income of the spouses;
• When dividing property - its inventory and valuation;
• Data on the health of the spouse or spouses (mental and physical);
• Information about family members (extract from the house register);
• Other certificates, conclusions, petitions, characteristics (for example, a certificate from the guardianship authorities).

The court may request any documents necessary to confirm the information specified in the statement of claim. The plaintiff will be required to provide these documents.

Video: What documents are needed for divorce?

How does divorce happen if there is a child - features!

To make a decision on child custody, it is not the needs of the plaintiff or the defendant that are taken into account, first of all, but the interests of the child himself.

The parents’ living conditions, financial situation, ability to raise the child, create conditions for his education and development, and provide him with everything necessary for life are taken into account.

It is understandable that one of the parents is an alcoholic, drug addict, mentally ill, or abuses the child or other family members, then the child’s place of residence is determined with the second spouse.

It is most difficult for the court to make a decision when both spouses are good parents and everyone wants to raise a child on their own. In this case, the former spouses have to find facts, compromise each other, and prove the other’s inappropriate behavior, indicating an inability to care for the child.

If the child has reached the age of ten at the time of the divorce process, he has the right to decide for himself which parent to stay with. The court must necessarily take his opinion into account.

If the child is too small, the judge makes the decision for him. If the parents have an agreement about who the child will stay with, this must be communicated to the court. The same applies to questions about the payment of alimony.

In cases where, during a divorce, in addition to issues of determining the place of residence of the child, issues of division of property are resolved, the parties are recommended to reach an agreement before the trial. Property issues will prolong the trial. The child must be present at all court hearings; the longer they last, the more stressful this process will be for him.

How to decide who the child will live with?

By law, the decision about who a child will live with after a divorce is left to the parents. If the parties do not reach an agreement, the judge makes this decision. The child's permanent place of residence will be established through the courts. The child will regularly see and communicate with the second parent (under what conditions and in what quantity will be discussed in court). In this case, the judge must take into account the opinion of the child (if he is already 10 years old).

In addition to the child’s opinion, the judge may take into account other facts:

• The child's relationships with other family members;
• Relationships with parents;
• The moral state of the child and his age;
• The nature of relationships in the family, between relatives;
• The living conditions of each parent, the possibility of providing decent living conditions for the child;
• Financial situation of parents;
• Employment of parents;
• In what conditions will the child live, will he have the opportunity to receive education, medical care and other necessary benefits.

It is not a fact that the judge will prefer to leave the child to a spouse with a higher financial position or better living conditions. First of all, the child’s opinion and his desire to stay with one of the parents will be taken into account. The court will consider the employment of each spouse, whether they will have the opportunity, whether they will have enough time to raise the child. For example, if one of the spouses often goes on business trips, works a lot, and spends more time outside the home, the court will most likely give preference to the other.

A representative of the guardianship authorities must be present at the meeting. The judge will take into account his opinion and recommendations when making a decision on determining the child’s place of residence.

The statement of claim must include the following information:

• Name of the court where it is filed;
• Information about the plaintiff and the defendant;
• Information about the representative of the guardianship authority (or other independent party present at the trial);
• Information about the child;
• A description of the facts and information confirming that the child should live and be raised by the plaintiff;
• Certificates, certificates, other evidentiary documents;
• List of documents.

Video: Features of the divorce process in the presence of children and property!

Preparing for trial

When considering a divorce case where the spouses have minor children, there must be a representative of the guardianship and trusteeship authorities. He acts as a third, independent party and provides an expert assessment. Guardianship authorities can help the parties reach an agreement on determining the child’s place of residence before the trial.

The plaintiff and defendant need to prepare for trial. Before the hearing, the judge may call one or both spouses for a personal conversation to clarify any facts before the trial.

The law regulates the information that the plaintiff and defendant must substantiate and prove in court:

• The child's attachment to the parent and family members;
• Relationships in the family, between parent and child, what they were and what they are now;
• Personal qualities of a parent that show him from the best side;
• Reasons for divorce of spouses;
• The ability of a parent to provide the child with everything necessary.

After a decision is made to establish the child’s residence with one of the parents, the second parent also has the opportunity to see him and take part in his upbringing. The second parent (if this does not contradict the court decision), by law, has the right:

1. Systematically communicate with the child;
2. Know about the child’s health, his education and other information relating to the child’s life;
3. Participate in decision-making about the future and present of the child (admission to educational institutions, trips outside the country, etc.).

The plaintiff has the right to file applications with the court in order to limit or stop communication and meetings between the defendant and the child. The basis for a positive decision on such an application may be the defendant’s failure to fulfill his parental responsibilities, negative influence on the child for various reasons, child abuse, mental illness, alcohol or drug addiction, etc.

Time limits for divorce proceedings if you have a child

According to the rules, the consideration of divorce proceedings in magistrates' courts can last no more than a month, in district (city) courts - no longer than 2-3 months. Most often, such cases are a priority and they try to resolve them as a matter of priority.

A court decision can be made in a week if the parties have agreed, come to an agreement and the process is not burdened by others statements of claim. At the court hearing, all parties are heard, the facts and evidence of the spouses are taken into account, and one of the following decisions is made:

1. The claim was rejected;
2. The claim is satisfied;
3. The meeting was postponed for legal reasons to another date.

The court has the right to postpone the hearing an unlimited number of times, but the time allocated for consideration of one claim should not exceed 3 months.

If, in addition to the divorce petition, other claims need to be filed (for alimony or division of property), the plaintiff can send them to the court simultaneously or separately (at his discretion). To save time, it is better to do this in one go. The court may consider all applications at once, or on different days. Everything will depend on the complexity of the case and the judge’s workload.

The decision on the claim must be made in the presence of both parties, however, if the defendant fails to appear without good reason, the court may decide without him.

Video: How to quickly file a divorce if you have minor children?