Divorce is an extremely unpleasant and rather difficult phenomenon from a psychological point of view. It is especially difficult for a woman who is in a position at the time of the process. However, experts aloud assure that if the future mother is very badly married: her husband beats, humiliates and completely ignores, she should not hold on to such a family in order to maintain peace of mind and the normal course of pregnancy.
In a divorce, when the wife is in a position, it is necessary to take into account a number of important nuances that are binding and allow protecting the rights of a pregnant woman in case of various unforeseen situations, for example, losing a job.
Divorce rules for a pregnant woman
First of all, it should be understood that according to article 17 of the Family Code of Russia, only the woman herself can initiate a divorce. A man, on the other hand, has no right to start a conversation about divorce and start the process during the entire pregnancy of his wife and a year after the birth of the child. True, this is only when the wife herself does not agree to divorce. If the initiative and application came directly from the woman, no problems will arise - her right to divorce will be satisfied.
The principle of filing for a divorce is no different from the standard one. In addition, due to the fact that the child has not yet been born, you will not have to divorce through the courts. You can get by with a registry office. To do this, it is enough for a pregnant woman to bring an application for divorce indicating the reason why she can no longer stay with this man. If the reasons are serious enough - he hits, mocks, etc. - you can support your statement with evidence. They can be testimony, audio or video materials, etc.
The application must be signed by the husband too. He can do this, both having come with his wife to the registry office, and at home, only after this procedure will have to be notarized. If the spouse is against, the case will have to be decided through the court.
Nuances
It should be borne in mind that the issue of the paternity of the unborn child is regulated in article 48 of the Family Code of the Russian Federation. So, if a baby is born within 300 days from the date of divorce, he is automatically recognized as the child of the ex-husband. This is provided that no other facts have been established.
This measure was taken with the sole purpose of not depriving the child of his father. And the father - paternity, if the divorce is initiated by the wife, and the husband is against.
It is also worth understanding that a recognized father is not exempt from paying alimony. Naturally, you will have to wait until the baby is born, but then immediately start paying alimony to the mother. If the parents cannot agree with each other, this issue will also have to be resolved in court.
In addition, a pregnant woman can also count on child support from her ex-husband. According to the Family Law of Russia, an ex-wife during pregnancy can demand maintenance from her husband for herself. She can also count on child support for 3 years after giving birth.
