Yet, since the rule of law, first of all, seek to protect the interests of underage citizens, and the dissolution of the marriage of the parents will necessarily affect the life and fate of their children, it is not so easy to conduct this procedure. In addition, when you try to break off relations with your second half, you can face a number of difficulties related to having a joint child who is under 18 years of age.
In this article, we will tell you how to formalize a divorce, if there are underage children, and what features of this procedure exist.
General rules for the execution of divorce in the presence of minor children
As a general rule, divorce between a man and a woman who has underage children is possible only through the courts. This also applies to cases when the mother and father agreed on whom their child will remain in the future, and how they will educate him, and those situations when they have serious disagreements on this or any other issue.
To initiate the trial, the husband or wife will have to collect the necessary documents, personally write a statement of claim, as well as pay a state fee for applying to the judiciary. Consideration of the case by the court may end fairly quickly or may drag on for several long months.
Usually, if both adult family members agree to a divorce, have their own verbal or written agreement on the further fate of their offspring, as well as on the division and maintenance of jointly acquired property, the court grants the married couple a period for reconciliation, which is usually about 3 months. If, at the end of this time, the decision taken by the husband and wife does not change, and they continue to insist on the official dissolution of their marriage, the court issues a verdict on termination of the family relations between them and leaving the crumbs with the father or mother.
If at least one of the issues between husband and wife is not reached by a joint agreement, the court carefully examines all the evidence and arguments presented by both parties and issues a resolution that resolves all disputable issues. Of course, in this situation it is better to turn to an experienced professional lawyer who will tell you how to quickly and correctly arrange a divorce if the family has a small child and will help collect all the necessary documents.
After the decision decided by the court comes into legal force, both spouses have the right to receive one copy of this document in their hands and transfer them to the registry office for the issuance of a certificate of divorce.
How to arrange a divorce with a small child through the registry office?
Under the laws of Russia and Ukraine, this procedure provides for compulsory recourse to the judiciary.
- recognition of the second spouse as missing;
- the incapacity of the wife or husband;
- criminal punishment of one of the parents and his conviction for a period of more than 36 months.
In addition, it should be borne in mind that if the couple has not yet reached the age of one year, and if the woman expects the birth of the baby, initiation of divorce through the judiciary is possible only on the initiative of the wife.