The order of divorce of the husband with the wife, if the family has underage children
Legislation on the procedure for divorce in the presence of underage children in Ukraine and Russia are similar.
The process can be divided into several basic stages:
- First, you need to collect a certain package of documents.
- Then you need to file all the materials in court, as well as a statement, you can do it yourself or use the service of a lawyer.
- Next, court sessions will be scheduled, on which both spouses are to be present.
- After full consideration of all materials, a decision will be made.
The application in duplicate is submitted to those who initiated the divorce at the place of residence of the defendant. On the Internet you can see how to write it correctly.
It is worth familiarizing with the list of other documents that are necessary for the divorce of spouses who have underage children:
- the passport of the initiator;
- certificate of marriage;
- it is necessary to attach a receipt for payment of the state duty;
- certificates of birth of common children.
You will also need copies of all these papers. In addition to such a package of documents, you can attach an agreement on children, property. The issue of alimony remains to be settled. Therefore, you need to take care of the availability of documents that confirm the material condition. If the court does not consider the materials provided to be exhaustive, the spouses will be notified of this.
With whom do minor children remain in the divorce?
One of the topical issues that are solved in the divorce case is the definition with whom the child will remain. After all, parents can not always come to a unanimous opinion.
Judgment will be made based on the interests of the child. The court will take into account such factors:
- personal opinion of children who have reached the age of 10 years;
- the working schedule of each parent;
- the conditions of domestic character in which each spouse will reside, as well as the financial situation;
- health status of mom and dad, their characteristics.
Little children often remain with their mother and are separated from her only in special cases.
Divorce with two underage children and more differ only in the order of alimony.
It is also worth noting that if a woman is in a decree, then payments are also made for her maintenance. If the family has a disabled child of the 1st group, then alimony must be paid before the age of majority.
How does a divorce occur when there are underage children?
The date of the meeting is appointed approximately one month after the application was submitted. Both spouses should be notified of this and must appear at the court at the appointed time. If there is no information that both husband and wife were informed in due course about the date of the process, the meeting can be postponed. It is also possible if one of the spouses has a valid reason for not appearing in court.
How long will the divorce proceed, depends on many nuances of the case. If the husband and wife among themselves in many issues will agree, everything will go faster.
After the court decision is adopted, it will go to the RAPA. In the same place and make a note in the marriage record. This decision can be appealed within 10 days. Later it is no longer subject to appeal.