We met, fell in love, got married, a child was born, but … feelings cooled down. And now, a divorce! But divorcing a man and his wife if they have a child is not so easy.
It is necessary
- - the statement of claim and its copies in accordance with the number of defendants and third parties;
- - a document confirming the payment of the state fee;
- - documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
- - calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties;
- - an agreement on the place of residence of a minor child, on communication with him, on the amount and payment of funds for the maintenance of children.
Instructions
Step 1
First, the only way to get a divorce when there is a child is through the courts. Therefore, if you have made a firm decision to leave, then, first of all, you need to go to court at the place of residence of the defendant (i.e. your wife).
Step 2
But it must be remembered that there are several situations in which the court either refuses to accept documents for divorce, or, if the case is already in progress, it may be terminated. These include the wife's pregnancy at the time of the divorce proceedings, as well as the period within a year after childbirth. This is if the wife does not agree to divorce. If there is her consent, then in this case there will be no problems.
Step 3
If there are no obstacles to the divorce process, then feel free to bring your statement of claim and a package of documents to the court at your place of residence. It includes: copies of the statement of claim in accordance with the number of defendants and third parties; a receipt confirming payment of the state fee in the amount of 400 rubles from each of the spouses; documents confirming the circumstances on which the plaintiff bases his claims. Also, copies of these documents are required for all defendants and third parties, the calculation of the recovered or disputed amount of money, signed by the plaintiff and copies of it in accordance with the number of defendants and third parties.
Step 4
But the divorce process won't start right away. To begin with, the court will offer both spouses 3 months to reconcile the parties. The time limit for conciliation may be shortened if the parties request it themselves and they have valid reasons.
Step 5
When the case goes into production and the court hearings begin, it will be necessary to resolve all issues concerning the child. It is necessary to submit to the court an agreement on the place of residence of a minor child, determine the procedure for communicating with children, and also resolve issues related to the amount and payment of funds for the maintenance of children. Another important issue is the issue of division of property.
Step 6
Divorce, especially when there is a child in the family, is a painful process. And that is why at this time you need to be especially correct and polite towards each other, so as not to further complicate the relationship.
