It is believed that a family truly becomes a family only when a baby appears in it. And the stronger the bond, the more difficult the break is. Childless couples often break up without any problems. But divorcing your husband if you have a child is much more difficult not only psychologically, but also legally.
Instructions
Step 1
According to Russian law, if you have children, it will not work to file a divorce at the registry office, you need to go to court. If both spouses agree to a divorce and have peacefully agreed among themselves with whom the child remains, you must contact the magistrate at the place of registration of one of the spouses. If there is disagreement, a divorce petition is filed with the district court of general jurisdiction.
Step 2
The divorce statement is written in two copies (you can write it by hand, or on a computer). It must be accompanied by a receipt for payment of the state fee for divorce, marriage certificate (original), as well as a copy of the child's birth certificate.
Step 3
As in the case of marriage registration, in case of divorce, "time for reflection" is given - the court session will be scheduled no earlier than a month after the application is filed. In case of divorce "by agreement", when both spouses signed the application for divorce, and there is no disagreement on the division of property, the court session is a legal formality, and the divorce is done quickly and without delay, at the very first session of the court.
Step 4
If the parents cannot "divide the child" - the question of who he will stay with, this question will be decided by the district judges. Their decision can be influenced by the financial situation or living conditions of each of the spouses, the child's attachment to one of the parents, as well as a host of other factors. Also, during a divorce, additional conditions may be stipulated (the procedure for paying alimony and its amount, the degree of parental involvement in raising a child, the frequency and duration of contacts, and so on).
Step 5
Please note that if one of the family members is categorically against the divorce, refuses to write a statement or does not appear in court, you may be divorced unilaterally.
