What documents are needed for a divorce, if there are children, in 2021

2024 Author: James Gerald | [email protected]. Last modified: 2024-01-12 17:37

In the modern world, divorce has become a common and common thing. But not everyone knows what documents are needed for a divorce if the family has children.

Divorce conditions

If the spouses have children, this greatly complicates the divorce process. Depending on the age of the minor offspring, there are different conditions for the parents to divorce. In this case, they need to agree with whom the children under the age of 10 will stay.

With a divorce, a child's living conditions can change dramatically. If he has grown up enough to sensibly perceive and evaluate what is happening, then it will be difficult for him when he learns that he will not have to live with both, but with only one parent.

The child has the right to choose himself with whom he wants to live in the future, provided that he has reached the age of 10 years. If the parents do get divorced, then they need to find out what documents are needed for a divorce if they have minor children.

The main difference from divorce in the presence of minor children is that the registry office no longer plays the same role as in the absence of a common child. Here everything is decided through the courts.

Also, in case of divorce, it becomes necessary to change documents. Even if the parents have come to a mutual decision, they will still need to go through a lawsuit.

That is why the first document that will be required for divorce is a statement. It can be submitted either from the wife or husband, or from both persons.

Exceptions

In some cases, exceptions are made for divorce. Even if the family has minor children, a divorce can be made through a registry office in the following cases:

1. If one of the spouses is officially missing. In order to carry out a divorce in this case, you must have an official confirmation of the incident from law enforcement agencies.
2. If one of the spouses has been imprisoned for at least three years.
3. If one of the spouses is officially legally incompetent. In this case, you must have a certificate of his state of health.
4. Pregnancy of a spouse or children under 1 year of age.

If a woman becomes pregnant in marriage or if it was concluded immediately after the birth of the child, then the possibility of divorce before childbirth is excluded. What documents are needed for a divorce through the court if there are children under the age of one year? If the marriage is concluded, and a child has appeared in the family, then until he is 1 year old, the court will not issue a divorce.

A marriage during pregnancy and before the child reaches one year old can only be dissolved by a woman. In 2021, when a child is still born, or if he died shortly after birth, the same rules apply. The spouse cannot file for divorce before the expiration of a year from the date of the baby's birth.

Interesting! Electronic passports in Russia will replace paper ones

If the child is under 3 years old

With whom the child will remain in this case, it is either the parents who decide by peaceful agreement of the issue, or the court (in the event that the parents' opinions differ). If there is a divorce in a family where the child has not yet turned 3 years old, and he stayed with his mother, then she can apply for alimony payments not only for the child, but also for her own maintenance.

In this case, the baby's father will have to bear financial obligations not only in relation to the child, but also to his mother. As soon as the child reaches 3 years of age, the mother support payment will be terminated. The father continues to pay alimony for the child until his majority.

Interesting! Russia will increase the size of maternity capital in 2021

If the child is 10 years old

Divorce is made through the courts. During the trial in 2021, the opinion of the child is taken into account. Therefore, if the parents cannot come to a mutual agreement, then the decision with whom the baby wants to stay will be made by him.

If the parents nevertheless come to a common opinion, the child's vote will be taken into account by the judge when making the final verdict, but will not be decisive.

Documents in case of divorce of spouses with children and peculiarities of their submission

Let's list what documents are needed for a divorce if there are children under 18 years old:

1. Statement. It must be drawn up in accordance with the requirements of the Civil Code of the Russian Federation, therefore it is recommended to do this with the help of a lawyer. In case of non-observance of certain norms, the application will be refused.
2. Certificate of the current place of residence (registration).
3. A copy of the identity card (passport).
4. If the application is not submitted in person, then a power of attorney for the representative, drawn up in accordance with all the rules, is required.
5. Birth certificates of all existing children, even if they have already reached the age of 14 and have a passport.
6. Marriage certificate.
7. Official confirmation that the state fee was paid on time and in the required amount.
8. Papers confirming the financial condition of the husband.
9. All papers confirming the position and conditions of the child's residence.

Interesting! Sberbank loan conditions in 2021

If the child lives with one of the parents at the time of the divorce, or if one of the parents cannot appear in court for health reasons, you can request the filing of documents at the place of residence.

First, they check whether all the papers necessary for the meeting have been collected. If any are missing, the spouses are informed about it. Therefore, it is important to submit the entire package at once, otherwise it will be refused and the process will have to start again.

Who will the child stay with after the divorce

In what cases the child will definitely stay with the mother:

1. If the baby is under 3 years old, the question of who he will live with in the future is not even discussed. In this case, the child cannot be given to the father.
2. If the father is serving time in prison or has already been convicted, then the child will be given to him only if the mother is not able to raise the baby on her own.
3. If the father refused to raise the child.

How joint property is divided

Sharing a marriage acquired over the years usually doubles the complexity of the divorce process. The answer to the question of what documents are needed for a divorce if there are children and joint property is quite simple. It's worth starting with the fact that it is necessary to collect all the listed documents for divorce in the presence of common children.

As a rule, upon dissolution of a marriage, joint property is divided between the spouses. There is no definite standard, as is the case with divorce and the presence of common children. If the spouses were able to agree among themselves, then the property will be divided at their will.

But if the spouses could not come to a mutual agreement, the joint property is shared through the courts. Having a baby can also affect the end result. The parent with whom the baby remains has the right to claim most of the property.

The court is obliged to listen to the views of both parties and make its own independent decision. In 2021, the court may reject the requirement that one of the spouses give most of the property. But in this case, most likely, he will oblige one side to pay monetary compensation to the other, with which the children remain.