Documents for divorce in the presence of minor children

It is important to collect all the necessary documents for divorce if you have minor children, so that the divorce process does not drag on for months. If a married couple with children under 18 years of age is divorcing, you need to be aware of the full responsibility to the children and the legal consequences of parental decisions throughout the divorce process. In matters relating to child custody, physical education, residency, and alimony after divorce, the courts will always consider the best interests of the children.

Divorce in court

The dissolution of a marital relationship comes into force in court under certain conditions.

Namely, if:

have minor children;
the husband or wife does not give their consent to terminate the family relationship;
one of the couple has no objection to the divorce, however he/she avoids the application process.

The court can dissolve a marriage if it finds that the spouses cannot live together and cannot save their marriage. The court has the right to postpone the consideration of the case and set a period (up to 3 months) for reconciliation of the parties. If both spouses give their consent to the divorce, the judicial authority dissolves the marriage without clarifying the reasons. Termination occurs no earlier than after one month, starting from the date of filing the claim. A marriage dissolved by a court is subject to state registration with the civil registration authorities.

Is it possible for a couple with a small child to divorce?

Divorce of a marriage if a couple has children together who are under 18 years of age, according to the provisions of Article 21 of the Family Code (FC RF), always takes place in court. Such a couple can visit the registry office and obtain a divorce certificate only after the court decision has entered into legal force. But divorce with a small child under one year old is possible only in exceptional circumstances.

According to Art. 17 of the RF IC, divorce with a small child under 1 year of age, as well as during the wife’s pregnancy, is possible only on the initiative of the spouse. If the lawsuit is filed by a spouse, the court hearing will be closed without announcing any decision on the merits.

Divorce in district court

This judicial body is contacted if spouses have children under 18 years of age, but cannot independently resolve disputes regarding who the child will live with after the parents’ divorce, and what the procedure for these meetings will be. The district court will also help divide property rights.

Where to file a claim

The statement of claim for divorce in the presence of minor children and all documents must be filed at the defendant’s place of residence.

It is permissible to file a claim at the place of official registration of the plaintiff in certain cases:

when the applicant does not know the place of residence of the responding party;
when the plaintiff cannot file a claim at the defendant’s address due to his illness;
when children who have not reached the age of majority live with the applicant and it is difficult to get with them to the location of the court at the defendant’s address.

Package of documents

The list of documents for divorce with minor children in the district court is more extensive than in other instances.

It includes:

a copy of the plaintiff's passport;
a copy of the marriage certificate;
receipt for payment of state duty.

If there is a divorce and there is a disagreement regarding a minor child,

then the following documents are additionally needed:

birth certificate;
if necessary, present a document establishing paternity;
copies of property documents of husband and wife;
papers characterizing the father and mother from their place of residence/work (neighbors, director, employees);
certificates from the child’s place of study, including a reference for the pupil with a description of the role of each parent involved in upbringing;
extracts from the child’s hospital record, if necessary;
certificates of income from the place of work of each spouse;
certificates, information from law enforcement agencies, drug dispensaries about the addiction of the husband or wife, if this affects the consideration of the case;
a report from the guardianship and trusteeship authorities on a study of the living conditions of the spouses, on the existence or absence of facts of violence on the part of the father and mother, on the desire of the child (the opinion of the pupil, starting from the age of 10, is accepted) to remain living with one of the parents.

If during the trial disputes related to the division of property are considered, an additional package of documents will be required.

This list includes:

any checks, documents on the valuation of property, personal belongings of one of the spouses;
copies of contracts and acts certifying the acquisition of valuable property during marriage;
evidentiary documentation confirming the increase in the value of the property due to the investment of the personal funds of the husband or wife.

Who will the children live with?

Sometimes during the divorce process, spouses cannot agree on who their children will live with after the divorce.

When making a decision, the judge takes into account all factors:

living conditions of each spouse;
the total income of each of them;
social characteristics of the husband and wife (presence or absence of bad habits or addictions, lifestyle and health status).

The sincere desire to live with your child and raise him must be taken into account. All other things being equal, the judge can request the opinion of a son or daughter, but only if they are already 10 years old.

When the divorce of a couple with a small child under one year is considered during the trial, the issue of residence is studied especially carefully. If the baby is breastfed or requires additional medical care, then the court will almost always appoint the child’s place of residence with the mother, if the latter does not lead an asocial lifestyle, has the opportunity to fulfill maternal responsibilities and constantly be with the child under 1 year.

Can children be separated in a divorce?

The presence of more than 1 child in a family does not mean that the question of their place of residence after a divorce will be decided by the court strictly according to arithmetic rules, or, simply put, equally. Likewise, the court will not blindly leave all children with their mother or father.

In relation to each of the children, parents have the same equal rights as if they had only one child.

In fact, the courts “divide” children between mother and father if this is due to objective circumstances:

The interests of the children themselves, when maximum attention will be provided to the upbringing and communication with each of them;
Maintaining the level of prosperity and quality of life, since transferring all children to the support of only one parent will inevitably worsen both his financial condition and the standard of living of children in general;
The clearly expressed desire of the father himself not only to support the child in the form of alimony payments, but also to completely take care of his upbringing.

Example: The court left an 11-year-old son to live with his father, since the child was more attached to him, constantly spent more time with him and was with his father at work almost every day. The 7-year-old daughter was left with her mother, since the child’s age clearly required more participation from the mother in her upbringing and, according to the results of a psychological examination, the daughter was more attached to her mother than to her father.

If the court finds that the formally possible division of two children between both parents violates the rights of the child and will clearly affect his development, education and upbringing, he will leave both children with one of the parents.

Dissolution of a marriage through the registry office

Despite the fact that the procedure for divorce with minor children goes through the court, Russian legislation allows situations in which a marriage can be dissolved through the registry office. Article 19 of the RF IC states the following reasons.

One of the parents has been officially declared missing.
The father or mother of the child is in prison for a term of imprisonment of more than three years.
The mother/father was declared legally incompetent due to their mental state.

In case of a unilateral divorce procedure with minor children, the following documents must be provided to the registry office:

application for divorce in the established form;
passport of the party declaring divorce;
document confirming marriage registration;
paper confirming paid state duty;
a court decision declaring a person missing;
decision to recognize a spouse as legally incompetent;
power of attorney for the representative of the party declared incompetent;
a court verdict convicting one of the spouses and sentencing one of the spouses to a prison term of more than 3 years.

A completed application can be submitted in several ways:

personally;
by registered mail to the address of the institution;
through the State Services portal;
through MFC.

No more than a month passes from the moment of filing the application to the execution of the divorce document.

How to decide and survive?

Many women have no idea how to divorce two young children and what life will be like after the divorce. However, if there are good reasons to think about it, it is necessary to calm the emotions and objectively assess the situation.

You should not make a decision rashly; it is better to wait a while and make a decision calmly and consciously. Most women have been in a similar situation and survived it with dignity.

The main thing is not to forget about children and their psychological state, to give them maximum time and care.

Psychologist's advice to husband

When a family breaks up, children should not suffer. Divorce will inevitably affect their immature psyche, so every effort must be made to resolve the situation as painlessly as possible.

It is better if dad talks to the children that the parents’ separate residence has nothing to do with them and will not affect their communication.

It is absolutely unacceptable to manipulate your spouse by saying unpleasant things to your children. Promises should be kept and all issues addressed directly.

Try to spend more time with your children so that they do not feel loss, communicate with relatives. Tell your child how you will get through this moment, that you will always be there.

It is advisable to find a good psychologist and visit him with your children to work through the fears and worries that arise during a divorce.

Legal advice

The state protects the rights of young children by establishing a number of benefits for their parents. Therefore, the divorce procedure in some cases has certain specifics.

If the mother is on maternity leave

In a situation where a woman is on leave to care for a common child, she has the right to count on alimony from her spouse, since she is disabled.

If children are under 3 years old

In the event of a divorce, if both children or one of them remained with the mother, the latter may demand alimony for her own maintenance.

The payment will be assigned provided that one of the children has not reached the age of three. In this case, alimony is set at a fixed amount.

Are there any nuances with twins?

The procedure for divorce and the algorithm of actions for a divorce with one or two children, or even twins, are no different.

The only time the fact of having twins matters is determining the children’s place of residence.

As a rule, they try not to separate twins when their parents divorce.

If pregnancy occurs

In such a situation, the husband will not be able to file for divorce without the consent of his wife “in an interesting situation.”

By establishing this restriction, the state takes care of a woman who is in a vulnerable state while carrying a child and a year after its birth. In addition, there is a chance of family reunification in the process of raising a baby together.

Are there benefits for a divorced mother?

As in previous years, a mother of two children after a divorce does not have any special preferences or benefits. To receive any benefits, a woman must have the status of a “large family” or “low-income” mother.

If a woman doesn't have a job

Even if a woman did not work before the divorce, but raised children, ran a household, and cared for elderly relatives, the joint property of the spouses is subject to division in equal shares.

The exception is cases where the spouse spent family funds inappropriately. In such a situation, the court may reduce the woman’s share in the common property.

One child is disabled

The procedure for divorce between spouses who have a child with a disability is complicated by the need to pay him alimony not only until the age of 18, but also after. At the same time, the mandatory amounts should include not only material support for such children, but also the costs of treatment, care and rehabilitation, as well as the purchase of medicines.

Father is a citizen of another state

Before marrying a foreigner, you should study the laws of the country of which the future spouse is a citizen. Especially regarding the consequences of divorce and the situation of children after divorce.

The best way out would be to draw up a marriage contract, which describes in as much detail as possible all possible cases related to divorce, raising children, determining their place of residence upon divorce, and the conditions for paying alimony.

To avoid negative consequences, the document should be certified by a notary of the state where the family plans to live.

How to formalize the division of property?

According to the law, common property is considered to be that which was acquired during the existence of the marriage. And it doesn’t matter whose money everything was purchased with. The date indicated on the marriage certificate is the “point of no return.”

But each party will have everything that was acquired before marriage:

real estate and movable property;
car or other equipment;

Such things will never become common, and when they “disintegrate”, everyone keeps their own. This also includes any item or funds donated by relatives or inherited.

You can arrange a division of property:

During a divorce.
In this case, both parties can demand theirs in the statement of claim or in an appendix to it. You can mutually decide who gets what and draw up a so-called agreement on the division of property. In this case, the claim can be terminated at the registry office, in the absence of young children, as we said above.
After divorce.
After the trial is over, you can breathe easy and still demand your due by filing a claim for division of property. But do not forget that the statute of limitations is 3 years. If you do not make it in time, you will no longer be able to divide the property.

Is it possible to divorce a husband or wife in one day?

Unlike marriage, divorce is complicated by the fact that the spouses have children, jointly acquired property, and mutual claims during their marriage. To make the process of divorce as quick and painless as possible for both spouses, it is worth turning to the legislative framework.

According to the law, you can file for divorce faster and calmly separate when both parties want it and there are no common minor children in the marriage.

Some spouses ask if it is possible to get a divorce in 1 day. Alas, mutual consent is not enough to get a divorce in a day. The procedure lasts at least 1 month. This is the minimum period that allows the husband and wife to reconcile. There are no exceptions to this rule, even if both parties mutually agree to end the marriage and there are no possible obstacles to this. A quick divorce, even if both agree, is possible only after the time established by law.