How to get a divorce if you have a child? Divorce spouses. Divorce through court
Divorce spouses - in itself a phenomenon unpleasant. After all, recently you had a family, a common home and life. And suddenly everything changed. Where you used to feel safe, it became uncomfortable, and now you are thinking about how to get a divorce. If there is a child, then it is worth a responsible approach to this step. You can try to improve family relations at least for the sake of it, but if it is really difficult for you to live this way and it is hard to close your eyes to what is happening, then it is better to terminate the marriage.
Well, when spouses come to a joint decision to divorce, calmly submit documents and gain freedom. But much more often there are cases when one of them does not want to consent to a divorce. And here there are various difficulties. We have to hire a lawyer who promises to help. But even harder for those who have children. Many do not know what to do and how to get a divorce if there is a child.
How to file for divorce
Divorce in our time in two ways: in the registry office and in court. If the spouses do not have any claims to each other, there are no expensive purchases that they would like to share, there are no minor children who need to stay with one of the parents, then it is enough to collect a minimum of documents and contact them in the registry office. In a month you will be divorced. This is understandable, but where is the divorce, if there is a child or any property? In this case, you will have to collect a lot more documents and file a claim in court. The trial of the case will the magistrate. Without a lawyer, you can hardly do.
Documents for divorce in the registry office
Before you collect the necessary documents for a divorce, please note that in the registry office you will be divorced only with mutual consent or in some other exceptional cases. For example, if one of the spouses is officially considered to be missing, is declared incapacitated or is in places of detention.
If your case is exactly the same, then prepare the following documents:
- Your civil passport. It is necessary in both cases, regardless of where the spouses are divorced.
- Pay a fee and be sure to take a receipt. Without her, divorce is impossible.
- Evidence that your marriage has been registered.
- A statement that you want to dissolve your marriage.
Documents for divorce through court
To resort to the help of the court have to those couples who can not find a compromise. For example, many women often ask lawyers and lawyers in various forums: divorcing, have a child, what to do and where to go? Of course, in court, even if the husband agrees to a divorce.
You will need:
If all documents are collected, then you need to submit an application. After that, you will be assigned a date when you must appear in court.
There are many different situations in life, so there is nothing surprising in the fact that some people have a question: how to file for divorce, if, for example, one spouse lives in another city? In this case, the claim will be considered at the place of residence of the claimant, if children live with it. But if they live with the defendant, then it will be necessary to send a request to the judge at the place of residence of the other spouse. If you are unable to go to court, you can write a statement asking you to consider the case without your participation.
Within about a month you will receive an extract from the court decision, from which you need to go to the registry office and get a certificate of divorce.
What to do if you need to divide the property
Cases of divorce proceedings, when spouses want to divide property, are quite common. After all, sometimes during family life, a husband and wife make very expensive purchases with joint funds. For example, they acquire cars, apartments, summer cottages, land plots, open a business and much more. And no one is immune from the fact that literally in a couple of years all the love will pass, but the accumulated property will remain, and neither side will want to voluntarily part with the benefits.
Divorce with the division of property takes place only in court. Spouses will have, in addition to the standard package of documents, to provide more and more: any documents that confirm that they have property and that they are owners. In addition, there should be documentary evidence that the property to be divided has a certain value.
With cars and apartments, of course, the issue is resolved quickly.It is enough to bring title documents, where the cost of acquisitions will be indicated. But it also happens that spouses buy expensive furniture, appliances and other valuable property, which they then want to share. There will have to look for checks for purchase and passports. Without these documents, the property will not be shared. In any case, dealing with the division of property is much easier than with the problem of how to get a divorce if there is a child.
Strong sex in divorce proceedings
A man who realized that he no longer wants to be with a woman naturally thinks: “Everything, I am divorcing my wife.” Have a baby? So it will not be easy to do this.
According to statistics, which, incidentally, is very rarely wrong, the initiators of a divorce are most often men, not women. But if the weaker sex almost always gets a divorce, then for men there are some cases where they can not divorce for one reason or another. They are clearly defined by law, and in the following cases a man is obliged to support his family, even if he has very good reasons for obtaining a divorce.
When a man can not divorce
For example, a man will not be able to get a divorce if his wife is pregnant at the time of filing a lawsuit. It does not matter what time it has and how long they have been married. The court will not allow a divorce from a pregnant woman.
Also, a man who decides to break a marriage with his spouse will not be able to get a positive decision in his favor in court if there are children in the family who have not yet reached the age of one and a half years.
Divorce! Who will the child stay with?
Divorce proceedings between spouses who have children is a special topic. Therefore, such cases are considered only in court, so as not to infringe upon the interests of the child and provide him with the best conditions.
So, how to get a divorce, if there is a child, we have considered, but with whom will he stay? How does the court decide if after the divorce the parents no longer live together?
On the one hand everything is simple, but on the other - no. It is possible that the parents will independently decide on who their minor children will remain with, and after considering the claim, the court will most likely meet the parents. Also, the desire of children (with whom they want to stay) is always taken into account, if they can already speak and consciously express their opinions.
Everything is much more complicated if one of the parents does not want to leave the children to another.The judge will have to thoroughly familiarize himself with all the proposed documents, communicate with his parents and only after that make his decision, necessarily acting in the interests of the child.
Most often, children are left with the mother, because she can provide the child with a more complete upbringing, but this does not mean that the father loses his rights.
Sometimes the court decides to leave the child with the father. This happens when the mother is recognized as incapacitated, cannot contain children, or has an alcohol or drug addiction.
The court refused to divorce. Causes
Yes, not always people can get a divorce. Sometimes, due to minor omissions or inattention of the spouses, the court denies them the dissolution of the marriage.
This usually happens because all necessary documents have not been provided. Or were made significant mistakes in writing a claim.
Sometimes, out of ignorance, the spouses file a statement with the court, although they can do it in the registry office. Then the court sends them there, naturally refusing to divorce.
Another common reason for refusal is an application to the court was filed by a third party who has no right to do so.Or, the spouses simply decided not to divorce, and therefore took away their statement even before the court session took place.
If before the trial begins, the claimant has time to correct the shortcomings, the process continues, if not, then the documents are returned, and the spouses will again have to re-collect all the papers and set a date.