Divorce during pregnancy on the initiative of the wife or husband

A pregnant woman's senses are heightened and she becomes more susceptible to everything, including quarrels with her husband. If the husband is not tolerant and understanding towards his pregnant wife, or the feelings of both have reached a dead end, then the wife decides to take the extreme step of divorce during pregnancy.

Divorce is not always justified. Raging hormones in a woman’s body paint scary pictures in her head that do not correspond to reality. And the desire to divorce your husband because of petty quarrels can burst like a soap bubble when a little time passes. It’s good if there are no grounds for divorce, and a loving spouse is nearby. But what to do if the health of the unborn child and mother is really at risk? If family relationships have become tense to the limit, and the expectant mother, instead of a quiet, measured rhythm of life, is immersed in a state of anxiety and nervousness?

Is divorce possible if the wife is pregnant?

Divorce during a wife's pregnancy is not prohibited by law. However, Art. 17 of the RF IC states that this requires the woman’s consent. Here's how such issues are resolved in practice:

• if the spouses do not have children, by mutual agreement they can divorce through the registry office;
• if there is a common child under the age of 18, divorce is possible through the court (even with the woman’s consent);
• If a pregnant wife objects to the termination of the marriage in the registry office, she can subsequently express her consent in court proceedings.

Lawyer's commentary “Everything step by step.” The law does not regulate in any way the situation if pregnancy occurred before marriage. If the newlyweds have submitted an application to the registry office, they may change their mind before official registration. Moreover, the father of the unborn child cannot be forced into marriage if he refuses this procedure. But you need to pay child support even under such circumstances. If a dispute arises about paternity, the woman will be able to establish it in court.

The initiator of divorce during a wife's pregnancy can be herself. Or a marriage partner. If there is a mutual agreement, all formalities can be resolved without litigation. An application to the registry office, signed by both parties, will be sufficient grounds for ending the marriage. However, until the marriage is dissolved with registration at the registry office, the woman may change her mind and abandon her decision. In this case, the court will also check whether the woman agrees to end the family union.

Normative base

In Art. 17 of the RF IC on the ban on divorce during pregnancy is indicated in one line. However, this is quite sufficient to resolve most controversial issues. There is an important nuance - the wife’s consent will be checked only if there is a pregnancy certificate . This document is issued by the antenatal clinic and certified by a doctor. If there is no certificate, the spouse will not be able to prevent the divorce, even if she is actually pregnant.

Also, when considering cases of divorce during pregnancy, other norms of the RF IC may be applied. Spouses can divide property and determine the place of residence of children (if any). Moreover, a pregnant woman will be able to collect alimony for herself, and after giving birth, demand it for a young child. If there are no objections to the divorce, the provisions of Law No. 143-FZ are applied to prepare an application to the registry office.

Divorce from a pregnant woman by mutual consent

If the pregnant woman does not object to the divorce, there will be no problems. Here are the options for terminating family relationships that the parties can use:

• if there are no minor children , submit a double application to the registry office, or two different applications, if Law No. 143-FZ allows this (for example, if you are in another region, you can send an application certified by a notary);
• if there are children , file a claim in court on behalf of any of the spouses.

In a claim or application to the registry office, it is not necessary to indicate the reason for the divorce or information about the wife’s pregnancy. It is understood that in the absence of written objections from the woman, she consents to the termination of family relations. To simplify and speed up the legal process, you can immediately attach the wife’s written consent to the claim. Naturally, if the woman herself files for divorce, the fact of signing the claim means her consent to separate from her husband.

Can a husband divorce his pregnant wife without her consent?

As follows from the norms of the RF IC, a husband cannot divorce while his wife is pregnant unless she gives written consent. But the following nuances are possible:

• if a man filed a lawsuit, the judge is obliged to accept it, schedule a hearing of the case, and notify the other party;
• if the woman does not receive a summons, does not appear in court without good reason and does not file any objections, the judge may grant the claim;
• if the wife came to court but did not provide a certificate of her pregnancy, the judge will also divorce the spouses.

Find out more How spouses' loans are divided during a divorce

Thus, the application of Article 17 of the RF IC is possible only with active actions on the part of the pregnant wife . If she ignores the hearings and does not file an objection, the divorce will take place. As soon as the husband receives a court decision, he will be able to apply to the registry office for a divorce certificate. At this stage, the wife's objections will no longer have legal significance.

What should a pregnant wife do if she is against divorce?

As mentioned above, only the active actions of a woman can prevent divorce. Does it make sense to maintain a family relationship if a man demands a divorce? Only a woman can decide this. In any case, even after the divorce, she will be able to demand alimony for herself and the born child. If the husband has clearly decided to divorce, even with the objections of his pregnant wife, he can end family relationships and cohabitation, and normal relations between the spouses are unlikely to be maintained.

If the wife decides to exercise her right and refuses to divorce, she needs:

• obtain a certificate from the antenatal clinic confirming the fact and duration of pregnancy;
• refuse to submit a general application to the registry office;
• timely receive summons and notices from the court, send a written response with objections to the divorce, and attach a certificate of pregnancy.

If possible, it is advisable to take part in the court hearing. Although it is enough to submit a pregnancy certificate to dismiss the claim, other issues may be resolved at the same time in court. The defendant can also express her opinion on them.

Rights of a pregnant wife during divorce

A pregnant wife not only has the right to object to the dissolution of the marriage. If a woman agrees to divorce, she can:

• change your surname (for example, return your premarital surname);
• collect alimony for your maintenance;
• demand the division of common property acquired during the marriage.

When the child is born, you can collect alimony for him, as well as for the maintenance of the mother (until the child turns 3 years old). Also, a woman will be able to receive the entire personal property that belonged to her before marriage.

Alimony for a pregnant wife is collected only in a fixed amount. The court will determine their size based on the woman’s degree of need, taking into account the financial situation of the parties. Fixed alimony is assigned in relation to the subsistence level (for example, a multiple of 1.5 or 2).

Divorce during pregnancy on the initiative of the wife

If the pregnant woman herself decided to get a divorce, only the timing and procedure of the procedure will depend on the consent of her husband. Here are the nuances that may arise during the divorce process:

• with the consent of the husband and in the absence of children, it is allowed to submit a mutual application to the registry office (the divorce will be registered after 30 days);
• with the consent of the husband and the presence of common children, you need to file a lawsuit (the divorce process will take about a month);
• If the husband objects, a divorce can only be done through the court, and the maximum duration of the procedure can be up to 4 months (if the man asks for time for reconciliation, and the court grants his request).

The RF IC specifies several grounds under which a woman will be able to file a divorce at the registry office without the consent of her other half. This is allowed if the husband was imprisoned for a crime for 3 or more years, if he was declared incompetent or missing. Such grounds must be confirmed by a verdict or court decision. The documents will be checked by the registry office specialists, after which the divorce will be registered.

How to file for divorce for a pregnant wife?

There are only two options for a pregnant wife to file for divorce - to the registry office or to court. In the first option, registry office employees will check that both partners voluntarily signed the application and do not have minor children in common. In all other situations, a pregnant woman must file for divorce in a judicial authority.

State duty amount

How to divorce your pregnant wife through the registry office?

If both partners agree to divorce and do not have children, they can apply to the registry office at their place of residence. The fact that a pregnant woman is about to give birth is not important. The ban on extrajudicial divorce applies only in cases where the spouses actually already have minor children.

Required documents for divorce

For divorce, a joint application of the spouses is submitted. They can fill out the document directly at the registry office. also possible to submit two separate applications if any of the applicants cannot be personally present when applying to the registry office. The signature on a separate application must be certified by a notary, and then the document must be sent by mail.

Also, for a divorce, it is necessary to present the passports of both applicants and the original marriage certificate. The application must be accompanied by payment slips for payment of the duty - 650 rubles each. from each spouse. No other documents are needed for divorce. The pregnancy certificate will not be checked, since the woman confirms her consent to the divorce when signing the application.

Application to the registry office for divorce from a pregnant wife

For a divorce, an application in form 9 is filled out at the registry office. A sample of it can be downloaded in the appendix to this article. If spouses submit separate applications, Form 10 is filled out (it is also attached to the article). There are usually no difficulties when filling out an application. If necessary, the registry office official will explain the filling rules. You can also get advice on these issues from the lawyers of the website “Everything step by step”.

Find out more How to get a divorce if you have minor children

The procedure for divorcing a pregnant wife through the registry office

Based on the application from the spouses, the divorce will be registered in the registry office. The application can be submitted not only directly to the civil registry office, but also through State Services and the MFC. The procedure for divorcing a pregnant wife includes the following steps:

• acceptance of the application, after which the spouses will receive a written or electronic receipt indicating the date and time of divorce;
• verification of received documents by civil registry office employees (it takes 30 days, and it is impossible to speed up this process);
• registration of divorce in the presence of one or both applicants;
• making an entry in the register, issuing a divorce certificate.

Note! In order for a divorce from a pregnant wife to take place, at least one of the applicants must appear at the appointed time. The second spouse will be able to receive his copy of the certificate later. If both spouses do not appear for registration, the application will be canceled and the divorce will not take place. This does not prevent you from re-applying, but you will have to wait 30 days again.

In fact, the only basis for refusal of registration will be the identification of common minor children between the applicants. Other reasons for considering the application are not important. Until the registry office employees have registered the divorce, the spouses can withdraw the application at any time. The reasons for such a decision also do not need to be specified.

How to divorce your pregnant wife through court?

Divorce during pregnancy takes place in court if the husband and wife have not reached an agreement to submit an application to the registry office, or they have children. The claim is filed in the magistrate's court at the defendant's place of residence. If the claim simultaneously includes a demand for the division of property with a value of over 50 thousand rubles, or the spouses simultaneously divide children, the case will be considered by the district court.

In order not to prolong litigation, we recommend filing a statement of claim only demanding a divorce. All other issues can be settled by another claim, including after a decision has been made to terminate the marriage relationship.

Required documents

The initiator of the divorce prepares documents for the court. The list of required documents includes:

• a claim signed by the spouse or his representative;
• marriage certificate;
• certificates for minor children (if any);
• a copy of the applicant's passport;
• payment slip for duty 650 rub. (the same amount will be collected from the defendant after a judicial act is issued).

Additional documents may include a report on the market value of the property, a version of the schedule for communication with children (if such requirements are stated by the plaintiff). A certificate of pregnancy will only be required to file an objection to a divorce, or to collect alimony from the father of the unborn child.

Application to court for divorce from pregnant wife

When filing a claim in court for divorce, there is no fundamental difference whether the wife is pregnant or not. This fact may not be mentioned at all in the text of the statement of claim. A sample claim is included in the appendix to the article; you can download and fill it out yourself. If necessary, assistance in filling out the document will be provided by the lawyers of the “Everything step by step” website.

Here are a few nuances that need to be taken into account when registering and filing a claim:

• in the text of the application you can indicate the fact of pregnancy, the woman’s consent to divorce;
• the claim can indicate demands for alimony for the pregnant woman after a divorce (naturally, if the application is filed by a woman);
• If the spouses live separately, the claim is sent to the magistrate’s court at the defendant’s residential address.

You can read more about the nuances of divorcing your wife in our previous material. Also be sure to send the defendant a copy of the claim before filing it in court. Evidence of sending a copy of the claim (postal receipt) must be attached to the main package of documents. You can submit documents to the court in person or by mail. You can read about how to correctly send divorce documents by mail here.

The procedure for divorcing a pregnant wife through court

Divorce proceedings follow approximately the same rules as other civil cases. After receiving the claim and documents, the judge will set a date and place for the hearing, and issue notices or subpoenas to the parties. The algorithm of actions of the plaintiff and defendant is as follows:

• if the plaintiff and defendant have no disagreements regarding the subject of the claim, they can file applications for consideration of the case in absence;
• if the pregnant wife is a defendant, she can send objections to the court with a certificate from the antenatal clinic (in this case, the court is obliged to dismiss the case);
• in a lawsuit, the plaintiff or defendant may ask for time for reconciliation (if the court considers this possible, the process will be postponed for up to three months);
• Simultaneously with the divorce, it is allowed to divide property, resolve the issue of alimony and the place of residence of common children.

Find out more: A child’s opinion when parents divorce

Typically, the judge does not insist on the parties appearing in person when a divorce case is being heard. However, the wife's pregnancy may be grounds for termination of the case. Therefore, if the claim directly or indirectly refers to pregnancy, the judge may consider the attendance of the parties mandatory and check the voluntariness of the woman’s consent to divorce.

When a decision is made, it must be submitted to the registry office. This can be done by either spouse. Based on a judicial act, the marriage will be dissolved, and the parties will receive divorce certificates. It is not necessary to contact the registry office together, and the certificate can be issued at any time.

Possible difficulties in the absence of the defendant at court hearings

In order to proceed with the resolution of the dispute, the judge must ensure that both parties to the divorce proceedings have been notified by legal means, such as a summons sent by mail, of the time and place of the court hearing. If there is no information about the notification of at least one party or there are other circumstances that impede the commencement of justice, the court cannot begin proceedings on the merits, since this would violate the right of the parties to equality. In this regard, the following scenarios are possible:

• There is no information about the defendant being notified. The trial is postponed.
• There is evidence that the defendant was notified, but the reasons for absence from the meeting are valid (illness, business trip). The trial of the case is postponed.
• There is evidence that the defendant was notified, but he did not report the reasons for his absence from the court and did not ask to hear the dispute without his presence. The court has the right to consider the divorce claim on its merits.
• There is no evidence of notification to the defendant, and the summonses sent to the defendant were returned by mail to the court with a note that their retention period had expired. In this case, Russian courts are guided by Article 14 of the International Covenant on Civil and Political Rights and begin proceedings in the case. It is believed that returned expired summonses indicate that the defendant voluntarily waives his right to participate in legal proceedings.

How to get a divorce if your wife is pregnant from someone else?

This is one of the most controversial and controversial issues. If the child has already been born, it is quite simple to establish the real father. To do this, you can go to court, demand an examination, and present other evidence. Until the child is born, it is almost impossible to establish or challenge paternity.

A man can present indirect evidence that, given the confirmed stage of pregnancy, he obviously cannot be the father. For example, if the husband was on a long trip abroad, confirmed by documents, he could not maintain a relationship with his wife for objective reasons. However, even such evidence does not guarantee that the judge will accept it and allow a divorce without the consent of the pregnant wife.

Let us turn again to Art. 17 RF IC. It only indicates divorce with the consent of pregnant wives. It does not make any difference who caused the pregnancy. Therefore, it will be extremely difficult for a man to get a divorce if the woman insists on her disagreement. In such a situation, you just have to wait until the child turns 1 year old. From now on, the wife’s consent or permission for divorce will not be required.

Division of property in case of divorce from a pregnant wife

Simultaneously with the divorce, it is allowed to divide common property. In this matter, a pregnant wife has no advantage. Therefore, all property acquired during marriage will be divided equally. If the spouses have other children, the court may increase the share of one of the spouses. Also, upon divorce, general obligations will be divided, including loans and borrowings. Therefore, after a divorce, a pregnant wife may be left with significant debt obligations, for which even alimony is not enough.

Overprotective

Another extreme is when the future dad shakes over his wife like over a crystal vase. This is, of course, annoying. You need to protect your spouse, but without fanaticism. Excessive care is always harmful. And yes, a pregnant woman can lead an active lifestyle, sleep with an open window, drink coffee, walk a lot, fly on an airplane, etc. Of course, if there are no contraindications from a doctor.

Features of divorce during pregnancy

The only serious problem with divorce during pregnancy is obtaining consent from the woman. All other issues are resolved in the same way as in normal divorce proceedings. Here are a few points from judicial practice that are used in cases of divorce from a pregnant wife:

• the husband’s objections to the divorce will be taken into account by the court, but can only delay the process;
• the court or husband are not obliged to request information about a woman’s pregnancy, so she herself needs to see a doctor, obtain and submit a certificate;
• The court's decision on divorce will not matter if you do not submit it to the registry office and receive a certificate.

When the wife gives birth to a child, her consent to divorce is still required. This rule applies until the born child turns 1 year old. Only after this can a man ignore the woman’s opinion and go to court.

Too nervous

And sometimes they become so synchronized with their beloved that they themselves begin to experience sensations similar to toxicosis. It’s already difficult for a woman, and then her husband starts whining and demands attention. There is very little support from such a nervous daddy. And the wife needs complete confidence in her partner during this period. Do you agree? Write in the comments how confident you are in your companion. This can be done anonymously.

Consequences of divorce from a pregnant wife

The consequence of a divorce from a pregnant wife will be the termination of the marital relationship. A man and a woman will be able to enter into a new marriage and acquire personal property. Here are some more consequences that will arise after the divorce:

• a pregnant wife will be able to receive alimony for herself;
• after the birth of the child, the woman will be able to again apply for alimony in her favor (until the child turns 3 years old), as well as for the newborn;
• the man will be obliged to support the born child until he comes of age, including by paying alimony.

In some cases, the former spouse may also qualify for alimony. For example, if a child is born disabled, the ex-wife will be able to receive alimony for her maintenance along with payments in favor of the minor.

If you have any questions related to divorce during pregnancy, you can contact the lawyers of the “Step by Step” website. We will help even in the most difficult situation!

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