Main disagreements in divorce after the birth of a child

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Article 18 of the RF IC regulates the possibility of divorce both in the registry office, that is, administratively, and through the courts. In addition, the norms of the RF IC provide for cases and grounds for which divorce is provided through the court. These include, among other things, the presence of a child who is under 1 year old. If there is a need to organize a procedure for dissolving a marriage, you should understand the timing, sequence of actions, package of documents and other subtleties. Otherwise, the rights of one of the spouses, as well as the interests of the child himself, may be violated. To fully understand the process of divorce with a child under 1 year old, you can read this article, which reflects all the rules and requirements of the law.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Is it possible to get a divorce if the child is under one year old?

The procedure for implementing a divorce through a court is regulated by Article 21 of the RF IC. Part 1 of this norm indicates that if spouses have a child together, the dissolution of the marriage union is carried out in court. This requirement is a general rule, to which there are exceptions. Thus, one of the spouses has the right to formulate and send a statement of claim to the court, subsequently receiving a certificate of divorce on the basis of a court decision. This legal requirement is due to the fact that the rights of the child may be violated in one way or another.

In cases where the baby is under 1 year old or the woman is pregnant, divorce initiated by a man without the consent of his wife is strictly prohibited. Moreover, if the child’s mother decides to divorce, this can be done in the general manner. This requirement is expressly enshrined in Art. 17 of the RF IC and is aimed at protecting the rights of the baby, as well as women in the first year after childbirth.

IMPORTANT

It is possible to dissolve a marriage in the registry office if there is a child under one year old only under exceptional circumstances. The list of such grounds is reflected in Part 2 of Art. 19 RF IC.

Why do people get divorced after having a child?

Postpartum depression

First of all, keep in mind that your condition is currently referred to as “postpartum depression.” I assure you that this is not a far-fetched formulation that implies fatigue and boredom.

A woman’s body after childbirth (especially the first) experiences a real hormonal storm, the consequences of which go away at different speeds in different women. Objectively, this is expressed in the fact that the emotional state of a young mother is extremely unstable at first. She is ready to cry at any moment, the level of anxiety exceeds the individual norm by two to three times, and absolutely nothing makes her happy. Whether you notice it or not, you are more vulnerable because your nervous system is exhausted and your body is tired.

In addition, external factors also influence.

Normative base

The legal system of the Russian Federation strictly regulates the specifics of the divorce process. The regulatory framework establishes in particular detail the sequence and specifics of divorce with a child under 1 year of age.

Alimony

According to Articles 80, 91 of the RF IC and Article 256 of the RF Labor Code, the parent who lives separately from the child - the father or mother - must pay alimony...

• for the maintenance of a joint child under 18 years of age living with the second parent,
• for the maintenance of this second parent who does not work in connection with caring for a child under 3 years old.

The amount of alimony payments can be determined in the form of a constant, fixed amount or a percentage of the parent’s salary (according to Articles 81-83 of the RF IC), however, depending on the circumstances, they can be increased or decreased by the court. The amount of alimony payments for a spouse providing care for a child under 3 years of age is determined only in a fixed amount - either by the spouses independently or in court, depending on the financial situation of the spouses.

Where can I file for divorce?

Currently, the legislation provides for two authorities through which divorce of citizens is organized in the presence of small children under 1 year of age:

1. Courts - an application is sent to a magistrate in cases where the husband and wife do not have any controversial situations regarding the children. This rule is reflected in clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. At the same time, if there are disputes regarding the place of residence of a minor offspring, alimony, or otherwise, you should file a claim in a district or city court. This rule is reflected in Art. 24 Code of Civil Procedure of the Russian Federation.
2. Civil registry offices - if extraordinary circumstances arise, provided for in Art. 19 RF IC.

Required documents

The package of documents for divorce with a child under 1 year of age depends primarily on the chosen authority and the method of divorce. If a citizen has decided to terminate official relations administratively, the following documents must be provided:

1. Application form No. 11, the form of which is reflected in Order of the Ministry of Justice No. 201 dated October 1, 2018.
2. A court decision or sentence is a judicial act confirming the presence of one of the conditions reflected in Art. 19 RF IC.
3. Applicant's passport.
4. Marriage registration certificate.
5. A receipt confirming the fact of payment of the state fee for divorce.

The specified list of documents is reflected in Part 2 of Art. 34 Federal Law “On acts of civil status”.

When going to court, it is important to prepare the necessary applications. An indicative list of documents is reflected in Art. 132 of the Code of Civil Procedure of the Russian Federation, however, the exact list can only be determined taking into account the specifics of the case and the situation. The most common package of applications for divorce, in the presence of small children under 1 year old for the magistrate's court, is as follows:

1. Applicant's passport.
2. Certificate of registration of marriage relations.
3. Baby's birth certificate.
4. A receipt indicating payment of the state duty.

When the plaintiff-spouse sends an application to the court, in addition to the specified documents, it is necessary to collect additional:

1. Certificate from the child’s place of residence.
2. A document confirming ownership of the residential premises in which the baby will live.
3. Information about the income of each spouse.
4. Checks, receipts and other documents confirming the amount of expenses for the baby.
5. Characteristics from the place of work or residence.
6. If one of the parents has a chronic illness, you can provide certificates or opinions from doctors.
7. Other documents confirming the plaintiff’s claims.

If the applicant has difficulty determining the list of attachments to the application to the court, it is recommended to seek a free consultation with a lawyer on our website.

Legal provisions

The general procedure and requirements for the procedure are established by family legislation (Chapter 4 of the RF IC), as well as by the norms of the Code of Civil Procedure of the Russian Federation (in particular, Articles 132-135 and Article 220). The exception is cases of divorce before and after the birth of a spouse, if the initiator of the separation is the husband.

In what cases is divorce impossible?

During pregnancy, childbirth and the postpartum period, mother and newborn are especially vulnerable and need comprehensive care and protection. For this reason, family law prohibits divorce in the presence of a child under one year of age. This provision is fixed in Article 17 of the RF IC, which does not allow the husband to file for termination of the marital relationship in the following situations:

• during the wife's pregnancy;
• after the birth of the baby until the age of 1 year;
• in case of stillbirth - within a year after the sad event.

While establishing the impossibility of divorce for the head of the family, the law does not prohibit similar actions on the part of the wife. Thus, if the child is under one year old, a divorce can only be filed if the spouse files a claim.

If there is opposition from the wife, divorce will not be possible under any circumstances until:

• the infant is under 12 months of age;
• The spouse will submit the application independently.

In any case, the issue will be considered by the court, because before the official separation the couple will have to determine the order of residence, communication, and financing of the child. However, there are exceptions to this rule, when the registry office is authorized to terminate the registration of relations.

Is divorce possible in the registry office?

The presence of children and their age will not affect the possibility of filing an application at the registry office if circumstances have been established that allow a unilateral, simplified divorce.

Such situations are defined by Art. 19 of the Family Code and do not limit the right of any spouse to file a divorce at any time, even if there is a newborn:

• incapacity of the second spouse previously established by the court;
• recognition of a person as missing or dead (you will need to wait for the court decision to enter into force);
• the second partner was sentenced to a term exceeding 3 years, to be served in prison.

The above situations are the only options that allow dissolution of marriage without the consent of the other half, regardless of the age and number of common children.

To file a unilateral divorce, the spouse initiating the procedure must fill out an application form in accordance with the established form, justifying the termination for one of the above reasons. In addition to supporting documents, a receipt with a paid fee of 350 rubles is attached to the application.

After the time specified by law (after 30 days), the civil registry office will prepare a decision on termination, make a new entry about the termination of registration and issue a confirming certificate. If the divorce is unilateral, the personal presence of the applicant is mandatory.

After a change in marital status, the spouse will be able to apply to the court to determine a number of issues related to the termination. Controversial issues may include differences of opinion regarding the place of definition of a child, the order of communication, upbringing, and maintenance.

How to get a divorce if there is a child under 1 year old in the registry office?

Divorce through the registry office with a child under 1 year old is possible only in the following situations:

1. The spouse is declared incompetent according to the rules of Art. 29 Civil Code of the Russian Federation.
2. In the manner prescribed in Art. 42 of the Civil Code of the Russian Federation, a husband or wife is declared dead or missing.
3. The husband was sentenced to imprisonment for a term of 3 years or more.

These circumstances are directly enshrined in Art. 19 RF IC.

The process of divorce through the registry office with a child under 1 year old is fast and simple. The applicant spouse must do the following:

1. Complete an application by filling out all the fields provided.
2. Create a package of documents attached to the application.
3. Send the application and all attachments to it to the registry office employees.
4. At the appointed time, go to the administrative authority to obtain a divorce certificate.

The noted procedure for divorcing a child under 1 year of age is reflected in Part 3 of Art. 34 Federal Law “On acts of civil status”.

Expenses

When filing a divorce, spouses who have a child less than a year old will need to take into account the following expenses:

• payment of the state fee for the procedure of judicial divorce - 600 rubles;
• payment for the services of a family lawyer, if the applicant used the help of a lawyer - from 3,000 rubles and more, depending on the complexity of the case;
• The state fee for issuing a divorce certificate is 650 rubles for each party.

In the event that, in addition to divorce, other issues will be considered in court (determination of the child’s place of residence, division of property, etc.), an additional state fee will be required. There is no state fee for the collection of alimony. This measure is related to the need to protect the rights and interests of minors, since these payments from the second parent are intended to provide financial support for the child. The child’s young age is an additional reason for taking measures to support him.

Which court should I file for divorce if I have a child under 1 year old?

Divorce in the presence of children under 1 year of age through the court begins, first of all, with determining jurisdiction, that is, choosing the authority to which the application will be sent. Spouses have two options:

1. Magistrate Court - according to clause 2, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation, if the parties have no disputes regarding place of residence or child support. In this situation, the matter is not complicated, so it is considered more quickly and simplified.
2. District or city court - as reflected in Art. 24 of the Code of Civil Procedure of the Russian Federation, if there are some disputes about children. The judge considers all conflict situations, resolves individual issues, examines the most complex cases and makes a decision.

Documentation

The initiator of the divorce must provide the court with several copies of the claim, the number of which must correspond to the number of participants in the hearing. The statement of claim must be accompanied by the following documents:

• copies of civil passports of the plaintiff and defendant;
• marriage certificate;
• child's birth certificate;
• documentary evidence of payment of the state fee.

If the husband goes to court, the wife's written consent will be required.

If the spouses mutually agree to divorce, it would not hurt to accompany the claim with agreements concluded by the spouses on the payment of alimony and the place of residence of the infant child. This will greatly simplify the resolution of the issue in court.

If the applicant has additional grounds for divorce - drunkenness of the second spouse, drug addiction, etc., this must be documented. Submitting these documents will allow the procedure to be completed much faster.

Divorce procedure in court

The processes of divorce in a district and magistrate court with a child under 1 year of age differ in terms of consideration of applications, as well as the degree of complexity, however, the general stages and rules of legal proceedings remain the same. In order to get a divorce through a judicial authority, spouses must do the following:

1. Draw up a statement of claim according to the rules reflected in Article 131 of the Code of Civil Procedure of the Russian Federation.
2. Create attachments that will be attached to the claim according to the rules of Art. 132 Code of Civil Procedure of the Russian Federation.
3. Submit the collected documents to the court in person through the office, or remotely through the State Automated System “Justice” portal. In the second case, you need to scan the documents in advance in order to attach them in PDF format.
4. After 5 days from the date of sending the claim, receive a determination on acceptance of the application for proceedings. This act indicates the date, time and place of the court hearing.
5. You must appear in court at the time specified in the ruling. The court hearing begins with checking the attendance of the parties, then the judge repeats the demands orally, after which each party is heard. If the husband and wife of the child express a desire to add additional evidence, this can be done during the proceedings.
6. Based on the results of the consideration of the case, the judge makes a decision, the operative (abbreviated) part of which is announced on the spot.
7. Within a few days, a full decision is prepared, which can be picked up at the court office or obtained through the State Automated System “Justice” portal. Within 30 days from the date of the decision, each of the parties to the marriage union has the right to appeal the adopted act through the appeal procedure, which is reflected in Art. 321 Code of Civil Procedure of the Russian Federation. A month later, the decision comes into force.
8. After the decision is entered into the court, you must fill out an application form for the registry office. The administrative body organizes the registration of the divorce; this rule is reflected in Art. 35 Federal Law “On acts of civil status”.
9. The prepared documents and a check indicating payment of the fee must be sent to the registry office. The divorce certificate must be collected at the appointed time.

The specified sequence and rules of claim proceedings are enshrined in subsection II of the Code of Civil Procedure of the Russian Federation.

In order to draw up a claim yourself, you can use the provided sample application, which you can do.

How to apply?

An application written by a single mother is required for registration. The Social Security Department requires that this paper be drawn up according to certain rules.

The application should indicate:

• name of the authority to which the application is submitted;
• last name, first name and patronymic of the applicant, registration address;
• Title of the document;
• describe in detail the request for assignment of single mother status;
• list of attached documentation.

Date and sign the document. The application must be submitted to the social protection department at the place of registration or to the employer. In both cases, a different package of documents will be required.

In addition to the application you must provide:

• passport;
• child's birth certificate;
• form No. 25;
• an extract from the home book confirming cohabitation with the baby;
• salary certificate (2-NDFL);
• work book or a copy thereof.

You may need additional documents to obtain a regional benefit.

Based on the results of consideration of the application, a single mother certificate is issued, giving the right to use benefits.

Divorce with a child under one year old on the initiative of the mother

The procedure for dissolving a marriage with a child under 1 year of age on the initiative of the mother is based on the general rules reflected in subsection II of section II of the Code of Civil Procedure of the Russian Federation. An approximate algorithm of actions will look like this:

1. Form a statement of claim in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation and collect a list of applications according to the rules of Art. 132 Code of Civil Procedure of the Russian Federation.
2. Send documents to the court, obtain a ruling on accepting the claim for proceedings.
3. At the appointed time, you need to go to court, state your demands, and take part in the proceedings. Based on the results, hear the operative part of the judicial act.
4. After 30 days, receive a judicial act that has entered into legal force. The specified time is allotted for appealing the decision.
5. Fill out an application for the registry office, attach a court decision, passport, receipt of payment of the fee and marriage certificate.
6. Submit the documents to the Civil Registry Office specialists during office hours. On the appointed day, arrive at the administrative authority and pick up the divorce certificate.

Filing a claim

Filing a claim does not require the use of a special form. The content of this document is regulated by the provisions of Art. 131 – 132 Code of Civil Procedure. The claim is drawn up including the following information:

1. names and addresses of the location of the court;
2. Full name of the applicant and second spouse, their passport and contact details;
3. information about the child;
4. circumstances of cohabitation, reasons that caused the divorce;
5. for the husband – indicate the presence of the spouse’s consent;
6. data on controversial situations regarding alimony, the child’s place of residence, division of property, etc.;
7. petitions to the judicial authority regarding divorce;
8. additional petitions for alimony payments, etc.;
9. list of attached papers.

The document is certified by the personal signature of the applicant with an explanation of the surname, the current date, month and year are indicated.

An approximate sample of the specified statement of claim can be found and downloaded on the Internet to be used as a guide when drawing up the document yourself.

An alternative method of divorce, if there is a child under 1 year of age in the family, involves contacting a professional lawyer. In this case, the client is insured against errors and inaccuracies, as a result of which the document may be rejected by the court.

State duty and deadlines

The specifics of paying the state fee for a divorce with a child under 1 year of age depend on the procedure in which the divorce is organized:

1. Through the registry office - 350 rubles are paid by the spouse who initiates the procedure. The specified amount is reflected in clause 2, part 1, art. 333.26 Tax Code of the Russian Federation.
2. Through the court - 600 rubles are paid by the one who files the claim. The amount of the fee is indicated in clause 5, part 1, art. 333.19 Tax Code of the Russian Federation. If the applicant establishes a requirement not only for divorce, but also for alimony or something else, the amount of the fee may change upward.

If one of the parties decides to appeal the final court decision, there is no need to pay a fee. This benefit is enshrined in clause 6, part 1, art. 333.36 Tax Code of the Russian Federation.

Attention

After the court decision comes into force, the ex-husband and wife must appear at the registry office to register the divorce. In this case, when applying to the administrative body, an additional fee of 650 rubles is paid from each spouse. This rule is reflected in clause 2, part 1, art. 333.26 Tax Code of the Russian Federation.

How to speed up the divorce process

If the divorce is carried out in court, then the shortest period of time for the procedure is 2 months. The judge considers the submitted application for 1 month, after which he sets a date for the court hearing. After this, the court sets a time for possible reconciliation of the couple, the duration of which is also 1 month.

1 month for reconciliation is the minimum period. Having considered the situation, the court, for example, can set its duration at 3 months. As a result, the divorce process will be significantly delayed.

For this reason, a woman must clearly express in her claim the fact that further life together with her husband is impossible and that it is in the interests of the child to divorce the couple as soon as possible. Reasons for quick divorce include the following:

• advanced alcoholism of a man, addiction to narcotic substances;
• domestic violence, beatings;
• immoral behavior of a man, which poses a danger to the health and life of not only the mother, but also for the small child.

If the court identifies such dangerous situations, it will divorce the couple as soon as possible - perhaps even without setting an additional period for reconciliation.

Can a court refuse a divorce if there is a child under 1 year of age?

Part 2 art. 16 of the RF IC establishes that an application for divorce can be filed by either spouse. At the same time, Art. 17 of the RF IC indicates a limitation on the possibility of filing a demand for termination of official relations. A man does not have the right to ask for a divorce if his wife is pregnant or the newborn child is less than a year old. If a woman has given her consent to terminate the official relationship, the court does not have the right to refuse a divorce.

The law does not provide for other grounds on which the court or civil registry office employees may not divorce spouses if a married couple has a child under 1 year of age.

Is it possible to save a relationship if a crisis occurs?

When a divorce of parents is still planned, if the child is less than a year old, 1 year old or more, it all depends on the reason for which it occurs. After all, such moments are a crisis in any marriage, one must learn to overcome it. The main thing is to find something for which. For the sake of the child? Not worth it. For the sake of preserving love in order to raise children happily? Undoubtedly.

It is not without reason that they say that if a couple lives a year or two after the birth of a child, the chances of their further peaceful coexistence increase. To do this, it is best to remember that it is very easy to destroy a family, but putting it back together is not so easy. Always communicate and consult with each other, learn as much new things as possible, do not complain about your husband (wife) to your family, trust and learn to forgive what can be forgiven. Be happy and spread happiness to your marriage partner.

Consequences of divorce if there are children under 1 year of age

Divorce if there is a child under one year old is a legal procedure that entails a number of consequences:

1. Any property and personal legal relations between spouses are terminated.
2. The procedure for joint farming is terminated.
3. The child remains to live with only one of the parents.
4. The spouse who does not live with the child is obliged to pay monthly payments for the maintenance of the minor.
5. A woman has the right to receive alimony for her maintenance until the joint child turns 3 years old.
6. The spouse living separately communicates and meets with the child in an established and pre-agreed manner. If desired, a citizen has the right to receive information about the health, success, education and upbringing of the child.

Reasons for divorce

In addition to the desired event, the birth of a baby takes the family to another level. The young mother now devotes all her time to the baby, and the father strives to provide for his wife and child. The carefree period when the newlyweds were left only to themselves has passed. Now they have a full-fledged family, a unit of society. Such a fallen burden of responsibility often leads to family quarrels.

1. Diapering and constant crying exhaust both parents. The woman does not have time to take care of the house and even herself. She narrows her social circle. The main person in life becomes a small creature who constantly needs to be taken care of and protected. Constant tension makes her irritable and tired. As a result, conflicts arise with her husband.
2. The spouse, in turn, ceases to understand his other half. He was not used to seeing an unkempt wife next to him, who was also sometimes embittered. Mutual cooling may occur between them in bed. Then the once caring husband may have a free girl in his life.
3. In addition, raising a child requires considerable material costs. To do this, some couples have to go into debt or take out a loan. All this causes stress, and later leads to scandals.

This period is a real test for a young family. But not everyone is ready to endure hardships to preserve the bonds of marriage. And then the couple decide to divorce.

Who will a child under one year of age stay with after a divorce?

The legislation of the Russian Federation does not provide a direct answer to the question of who the child will live with after a divorce. Each dispute on this basis is considered individually, based on the circumstances of the case. Judicial practice develops in such a way that a child under 1 year of age remains to live after the parents’ divorce from the mother, regardless of gender. This is due to the fact that in the early stages of life a baby needs his mother especially physically and psychologically. At the same time, an agreement or a court decision determines the order of communication between the child and the father, whose participation is also important in the life of the growing baby.

Why do people get divorced after having a child?

Attention

It is very important to always remain a couple of loving people; this is very difficult to do when constant fatigue and the cry of a child take over your physical capabilities. However, try to find time to spend with your spouse, leave your grandmother with the child and just be alone in silence.

Also, do not forget that you are adults who need communication outside the family

Agree that several times a month mom goes out to meet her friends, and the next time dad spends the evening with friends at football

Also, do not forget that you are adults who need communication outside the family. Agree that several times a month mom goes out to meet her friends, and the next time dad spends the evening with friends at football.

Otherwise, having heard criticism addressed to him, the father will no longer make further attempts to stay with the child.

Alimony for a child up to one year and a wife

Art. 80 of the RF IC provides for the obligation of parents to provide for their children financially. Current legislation regulates two ways of processing alimony:

1. Conclusion of a voluntary agreement, which is regulated by Part 1 of Art. 80 IC RF.
2. Filing a claim in court in accordance with Part 3 of Art. 80 IC RF.

The package of documents and the sequence of actions differ depending on the chosen method. In order to conclude an agreement, when divorcing a child under 1 year old, the spouses must do the following:

1. Discuss orally the conditions, procedure, size and timing of establishing obligations.
2. Select a specialist who will certify the agreement.
3. Create a draft agreement in Word format.
4. Collect attachments: passports of spouses, certificate of registration (divorce) of marriage, birth certificate of children, documents on ownership of real estate if necessary, information on wages. Additionally, other acts may be required; it is recommended to clarify this issue with a notary in advance.
5. Make an appointment with a specialist.
6. At the appointed time, both parties must appear at the notary with the agreement and documents for it.
7. After oral announcement and agreement on all provisions of the document, it is necessary to sign. After signing, one copy remains with the parties, the third version is in the notary’s archives.

If the husband and wife of a small child under 1 year of age do not agree peacefully and decide to go to court, the following should be done:

1. Form an application according to the rules of Article 131 of the Code of Civil Procedure of the Russian Federation.
2. Collect a list of documents in accordance with Art. 132 Code of Civil Procedure of the Russian Federation: applicant’s passport; certificates of registration (divorce) of marriage, birth of a child; certificate from housing and communal services about family composition; a certificate from a school or kindergarten about the fact that the child is in education (education); checks or receipts indicating expenses for the baby; a certificate from the place of work of each spouse reflecting the salary level; details for transferring funds; characteristics from the place of work.
3. Send documents to the court in person or through the State Automated System “Justice” portal.
4. Receive a ruling within 5 days - the document will reflect the date and time of the court hearing.
5. You must appear in the courtroom at the appointed time. During the hearing, the judge announces the circumstances of the case, hears the parties, examines the evidence, and makes a decision.
6. Receive a decision that is the basis for the forced collection of funds for the maintenance of the baby.

For your information
, a woman who is pregnant, and also until the child reaches 3 years of age, has the right to receive alimony from her ex-husband for her maintenance. This right is regulated by Part 2 of Art. 89 RF IC. Thus, after a divorce, a man undertakes to pay funds for the maintenance of the child until he reaches adulthood, and for providing for his ex-wife until the offspring is 3 years old. The procedure for assigning payments remains general; you can enter into an agreement or go to court.

Don't make hasty decisions!

So is it possible to prevent divorce after the birth of a child? Yes it is possible and necessary. Be determined and endure, survive this so-called natural disaster with dignity.

The main thing for both spouses is not to forget that their little man desperately needs both a mom and a dad. His entire future life depends on both of them. Let this be your motto.

Therefore, no matter how many grievances and reasons for divorce there are at the moment, the main thing now is to calm down and realize: yes, you are unbearably tired. It's very difficult for you. Therefore, pull yourself together, take a break, wait with the divorce at least until the end of the maternity leave. Give yourself and your husband time. Do not aim yourself at a divorce, otherwise the matter will end in divorce. You will see how the cockroaches in your head will gradually scatter, taking with them stupid grievances and discontent, and your life will improve, sparkling with new colors.

Arbitrage practice

Cases related to the divorce of a child under 1 year of age occur quite often, so judicial practice on this issue is wide. In order to get a complete picture of the divorce procedure, you can refer to individual examples.

Examples

• Citizen A. filed a lawsuit against T. with a request to dissolve the marriage, collect alimony for the child, as well as for herself until the baby turns 3 years old. Justifying her claims, the plaintiff indicated that the defendant does not provide financial support to her wife and children. At the same time, the baby needs medical treatment. A. is on maternity leave and does not have a stable income, which means supporting the child becomes impossible. The court satisfied the plaintiff’s demands, dissolving the marriage between the spouses, assigning alimony for the child in the amount of 25% of the income, for the spouse in the amount of 9,920 rubles (Decision of the Laishevsky District Court of the Republic of Tatarstan No. 2-115/2020 of 01/29/2020).
• Citizen S. applied to the court with a request to collect alimony for her maintenance from her ex-husband K. In her justification, the applicant indicated that the marriage was dissolved by a magistrate, which is confirmed by the divorce certificate. The plaintiff has a minor child from the marriage; at the same time, S. is on maternity leave and has no regular income. An agreement on the assignment of payments has not been concluded with the defendant; K. does not help voluntarily. Having considered the case materials, the judge made a decision to satisfy the claims and assign alimony for the maintenance of S. in the amount of 4,000 rubles per month (Decision of the Labinsky City Court of the Krasnodar Territory No. 2-181/2020 of January 27, 2020).
• Citizen Yu. appealed to the court with a request to dissolve her marriage with citizen S., to collect alimony for her maintenance, and to determine the place of residence of daughter E. at the place of residence of her mother. The parties are in a registered marriage, however, the further existence and preservation of the family becomes impossible. By the decision of the magistrate, alimony in the amount of 25% of S’s income is required for child support. The parties explained that they have not actually lived together for 2 years, the spouses mutually decided to divorce, there are no objections. Employees of the administration of the Gelendzhik municipality inspected the apartment in which Yu lives. Based on the results of the visit, a decision was made on the suitability of the living space for the child to live. Based on the results of the consideration of the case, the judge made a decision to dissolve the marriage and collect alimony from S. for the maintenance of Y. in the amount of 5,529 rubles monthly until E. reaches 3 years. The child’s place of residence is determined by Yu’s registration address (Decision of the Gelendzhik City Court of the Krasnodar Territory No. 2-2410/2018 dated January 30, 2019).

Mistake: Overdramatization

Another mistake is naturally dictated by the situation when one of the parents creates a new family. The circle of participants in family relationships is much wider than it might seem at first glance. And feelings are much more complicated. This includes jealousy for the past of your new partner, and a feeling of guilt towards the child for the breakup of the family, and dissatisfaction with the fact that now you have to take care of other people’s children. All this, of course, will interfere with establishing full contact both between your child and his new relatives, and between children - half-brothers and sisters. In this situation, we can advise you not to dramatize unnecessarily; remember that children get used to any state of affairs quite easily. Whether the parents live separately or together, the child will eventually accept the situation and be able to exist in it quite comfortably, if his own childhood life goes on as usual and is not subject to emotional attacks from adults. This is such a defensive reaction. Therefore, remember the main thing: divorce will not have a sharply negative impact on the child if the parents feel normal and sincerely believe that the situation has changed for the better.

Story

Marina’s divorce from her husband was very difficult - after she found out that he had been dating another woman for a long time, much younger than her. After the scandals, the husband left, leaving Marina with her three-year-old daughter. Resentment was choking

I felt sorry for the daughter who was deprived of her father’s attention. Marina began to shower the child, who understood little in all this fuss, with toys and gifts, but could not calm down.

Seeing that the girl had become very anxious, Marina tried to explain to her why her dad left them, but, seething with indignation, she could not say anything good about her dad, talking about his betrayal. The three-year-old child did not understand anything and just cried. Marina also began to get angry at the child, in whom she saw features of her father. The situation did not return to normal soon. Marina had to turn to a psychologist who helped her calm down, find peace of mind and look at the world sensibly. Only then did she accept life in a new quality, not as a tragedy, but as a new state of affairs. And the girl calmed down when she saw her mother not crying and screaming, but as she was always used to seeing her.

Problems and nuances

The procedure for divorce, in the presence of a baby under the age of 1 year, is accompanied by some subtleties and features that are worth keeping in mind:

1. In the event that the spouses divorced through the registry office on the grounds provided for in Art. 19 of the RF IC, the resolution of issues regarding the determination of the child’s place of residence and the collection of alimony are resolved in court.
2. When one of the spouses opposes the divorce, the judge postpones the case to reconcile the parties. The duration of the postponement can be up to 3 months; if the measures taken do not bring results, a divorce is filed. This rule is reflected in Art. 22 IC RF.
3. Alimony for the maintenance of the ex-wife until the child reaches 3 years of age is assigned in a fixed amount. The fractional form is used for children.
4. If a woman is pregnant or the child is under one year old, at any time the spouse has the right to file a lawsuit and divorce the man without hindrance.
5. The plaintiff has the right to appeal to the court at the place of residence of both the plaintiff and the defendant. The applicant has the right to choose the authority independently.
6. At any time before the judge makes a decision, the parties can enter into an agreement to establish alimony, determine the child’s place of residence, or resolve another issue. If the judge certifies the document, the proceedings are terminated.
7. Attachments are attached to the claim in the number of copies corresponding to the number of parties participating in the proceedings.

Amount of alimony in case of divorce

Spouses who are going through a divorce procedure through the court with a small child at any stage have the right to enter into a settlement agreement on the payment of alimony for his maintenance. Child support is withheld in favor of the parent who remains to live with the child.

If the spouses are unable to reach an agreement, the court will decide to award alimony payments.

The minimum amount of payments for child support after divorce is established by the Family Code of the Russian Federation and is:

• 25% of the total income - for the maintenance of one child;
• 33% of the total income is for the maintenance of two children;
• 50% of the total income is for the maintenance of three or more children.

The amount of child support can be increased if the child is often sick or has a disability. There may also be a question about an additional amount for the maintenance of a mother who does not work but takes care of her son or daughter, which is especially important in case of a divorce with a small child under 2 years old. When there are two children in a family, the court takes into account the small age or special needs of one of them, and a small amount may be added to the minimum amount of child support.

Documents on the collection of alimony after a divorce are sent to the spouse’s place of work or directly to the executive service.