What documents are submitted for divorce? Documents required to file a divorce with children. By mutual agreement.

Whatever life circumstances put a family on the brink of divorce, parents are obliged to ensure that stressful situation do not violate the rights of minor children. Parents and legislators are calling on parents and legislators to carry out the divorce process quickly and painlessly for the most vulnerable members of the family - children. To achieve this task, family law offers several options for resolving divorce issues in the presence of minor children.

If one of the spouses is against

Situations when one of the spouses does not want a divorce are not uncommon. Reasons may be of different nature: from material to psychological. But regardless of the motives of each spouse, the refusal of one of them to divorce will cause additional troubles for the whole family.

Negative consequences of one spouse’s refusal to divorce if there are minor children:

• inability to reach preliminary reasonable agreements on the division of joint property;
• the need to prove in court the presence of circumstances that make it impossible to continue family life ( bad habits, adultery, beatings, etc.);
• delays in the preparation of divorce documents;
• inability to agree on the financial support of children and their joint upbringing.

Despite the presence of objective difficulties, the refusal of the husband or wife to dissolve the marriage is not a reason for the court to refuse the plaintiff (applicant) to satisfy the application for divorce. The marriage is dissolved in any case.

Divorce by mutual consent in the presence of minor children

By general rule If there are children under 18 years of age, the divorce procedure is carried out only through the court.

The presence of mutual consent to divorce does not affect the need to go to court, but the procedure itself can be significantly simplified.

How to file for divorce if you have minor children, so that the whole process goes quickly and painlessly:

• before filing an application with the court, you should agree on how the property will be divided and how child support will be paid;
• agreements to be consolidated in official documents according to the requirements put forward by the law;
• Having documented evidence of the absence of material claims and the settlement of the issue of alimony, draw up a claim in which to refer to these circumstances: “I have no material claims, an agreement on the payment of alimony has been signed, which is confirmed by relevant evidence”;
• petition the court not to give the parties time for reconciliation;
• both spouses carefully comply with all court requirements.

This procedure for divorce will allow you to receive a court decision in the shortest possible time and, moreover, by the time the marriage is officially dissolved between the spouses, all property issues and questions about the order of raising children will be resolved.

If one of the spouses only declares their readiness to divorce, but does not want to agree on other issues related to the divorce, demands for division of property and alimony should be raised in the statement of claim for divorce.

Administratively

If you have minor children, you can file a divorce administratively (through the registry office) in three cases:

• there is a court decision that has entered into force that the husband or wife is declared incompetent;
• there is a court decision that has entered into force that one of the spouses is missing;
• if one of the spouses is serving a sentence of imprisonment for more than three years.

The spouse who wishes to divorce submits to the registry office at the place of registration documents confirming the presence of one of the listed circumstances and fills out an application for divorce.

Based on the results of reviewing the documents, the marriage is dissolved. In other cases, it is impossible to get a divorce through the registry office if there are minor children.

Through the court or registry office

A family raising children under the age of majority has no choice in determining the authority through which the divorce will be carried out. In this case, only the court has the right to make a decision by which the broken marriage will be dissolved. Mandatory appeal to court is established Family Code Russian Federation and there are no exceptions to this rule.

Timing and procedure for divorce proceedings

The procedural rules stipulate that consideration of civil cases should be carried out within two months.

However, this period is not strictly limited and, in the presence of procedural circumstances, can be either shortened or extended.

Reduced term:

• attendance at all court hearings by both parties to the process and compliance with the judge’s requirements;
• filing a joint petition stating that there is no need to provide a period for reconciliation;
• the absence of questions related to the division of property in the application;
• absence of appeals and cassation complaints against court decisions.

Increased deadlines:

• failure to appear in court;
• appealing court decisions;
• failure to comply with court requirements to provide necessary documents;
• filing counterclaims and initiating legal proceedings, without decisions on which it is impossible to continue consideration of this dispute.

You can learn about how the divorce process occurs from the Code of Civil Procedure of the Russian Federation:

• the initiator submits an application to the court (jurisdiction must be respected);
• the court opens proceedings in the case and summons the parties for court hearings;
• During the hearings, the parties have the right to give explanations, present evidence, invite witnesses, ask the court to conduct examinations and otherwise prove their claims or objections.
• Based on the results of the hearings, the judge either makes a judicial decision if he believes that all the circumstances of the case are confirmed by evidence, or requests additional evidence from the parties, and only after that makes a final decision.
• after production court decision(within 5 days after the announcement) a copy of it can be obtained from the court office and an application can be submitted to the registry office at the place of registration to obtain a divorce certificate.

Necessary documents (registration)

The application for divorce must be accompanied by those documents that confirm the circumstances set out in the claim itself:

• a copy of the marriage certificate;
• copies of children's birth certificates;
• certificates of family composition, which indicate with whom and where the children live;
• if in the application we're talking about about the division of property, then all legal and settlement documents into things that the court will divide;
• To decide on the payment of alimony, the court will need information about the income of the mother and father of the children.

These are documents for solving standard situations. If there is other evidence that may influence the court's decision, the parties are obliged to present it on time.

Who will the children stay with?

Initially, parents can decide the issue of raising and living children on their own. And only if it is not possible to reach an agreement peacefully, the plaintiff can bring before the court the question of determining the place of residence of the children.

The children will stay with the parent who can provide them with normal conditions for living, education and training. Under equal conditions, the court gives preference to the mother.

The presence of equal conditions does not mean that the court will compare whether the mother or father is better off. All circumstances of the children’s residence are determined. Starting from the age of ten, a child has the right to declare which parent he wishes to live with. The court must take into account the child's opinion.

Agreement on the maintenance and upbringing of a child

Former spouses can agree on how to support their common children and how to raise them both before filing an application to the court and during the judicial review.

Issues that must be resolved in the Children's Agreement (this is the name of the document confirming the existence of an agreement):

• with which parent each child will live;
• what rights and responsibilities will each parent have in the process of upbringing;
• the amount and procedure for paying alimony;
• You can discuss options for joint vacations, etc.

If a divorce occurs when there are two minor children, an agreement can be drawn up both for each child individually and for all children at once.

If the agreement deals with alimony payments, then this document must be notarized so that in the event of a violation of the procedure for paying alimony, such an agreement has the force of an executive document.

Mortgage and division of property

Having an unpaid home loan will make the divorce process much more difficult. But the need to divide the mortgage cannot be a reason for refusing to divorce.

When dividing property in the presence of minor children, the judge has the right to deviate from the principle of equal shares in the joint property of spouses and divide the mortgaged apartment, taking into account the interests of not only the parents, but also the children.

As practice shows, in such cases the apartment remains with the mother and children, and the father receives the right to recover from former family monetary compensation for the part of the apartment due to him.
The ex-spouses continue to repay the loan jointly.

In what cases is divorce impossible?

The legislation does not provide for such circumstances in the presence of which the marriage will not be dissolved by the court. The only reason why the court has the right to return the claim to the applicant is the lack of necessary documents. However, after restoration or receipt of these documents, the divorce process can be resumed at the initiative of the plaintiff.

State duty

For 2015, the state fee for divorce is set at 300 rubles. This amount is paid for an application in which the plaintiff asks only to dissolve the marriage and collect alimony, but if the claim contains demands for division of property, then the amount of the state duty is determined according to the grid specified in the Tax Code of the Russian Federation.
The payment is calculated as a percentage of the price of the property that the spouses plan to divide.

The fee is paid before filing an application with the court. If immediately after filing the parties decide to reconcile, then by court decision the amount paid to the budget may be returned to the payer.

The statement of claim for divorce with children must be accompanied by a receipt for payment of the state fee in the amount of 650 rubles. The same amount will be recovered from the second spouse by a court decision on divorce.

Documents required for filing a divorce with children

And so, the following must be attached to the statement of claim for divorce:

1. A copy statement of claim for the defendant.
2. Original marriage certificate. The marriage certificate will forever remain in the materials of the civil case regarding the dissolution of your marriage. After a divorce in court, you will no longer need a marriage certificate. To preserve the marriage certificate in family archive, it is advisable to make a photocopy of it before going to court.
3. Notarized copy of birth certificate common child/children.
4. Original receipt of payment of the state fee for divorce.
5. An extract from the plaintiff’s house register, if the claim for divorce is filed at the plaintiff’s place of residence due to the fact that a minor child permanently resides with him.
6. Medical documents on the plaintiff’s health status, if the claim for divorce is filed at the plaintiff’s place of residence due to the fact that for health reasons he cannot process the divorce at the defendant’s place of residence.

If the appendix to the statement of claim for divorce does not contain all the listed documents, then such statement of claim will be returned to the applicant or left without progress.

Be careful when preparing a statement of claim for divorce and preparing an annex to it.

If you have lost the original divorce certificate, we can get a duplicate of it!

The law allows divorce for parents with children under 18 years of age. The divorce procedure, however, is complicated in this case. Where to go to submit an application in such a situation, what documents need to be provided and how much they cost government services for divorce?

Where to file for divorce if you have a child

If a couple has children together who have not reached the age of majority at the time of the divorce, the application will be considered by the court. Regardless of the amount of property purchased during marriage that is subject to division, decisions on living and upbringing conditions, taking into account respect for the rights of the child, are made by district authorities.

Filing a statement of claim is mandatory in this situation, even with the general consent of the parents to divorce. The registry office will refuse to terminate family relations and will require a court decision to determine the fate of the child: his place of residence with or his mother, the procedure for paying child support, participation in upbringing, etc.

Exceptional cases when the registry office accepts unilateral applications for divorce are circumstances in which the second party, by court decision (Article 26 of the RF IC):

• declared dead or missing without determining whereabouts;
• declared incompetent;
• sentenced to serve a sentence in a colony for a period of 3 years.

A man cannot file for divorce without the consent of his wife if she is pregnant or the child is under one year old (Article 17 of the RF IC).

Where to file for divorce if you have a child

An application for divorce is submitted to the court that has jurisdiction over the dispute. The state body is determined by the area of ​​permanent residence of the defendant - the second spouse. It is allowed to go to court at the place of registration of the plaintiff in the following cases (Article 29 of the Code of Civil Procedure of the Russian Federation):

• when moving to the defendant’s region of residence is difficult due to the maintenance of young children or disabled citizens;
• if due to health reasons it is difficult to stay in another area.

As an exception, the plaintiff may choose another court when the defendant has gone to live abroad or it is unknown where he is located - at the location of his property (Clause 1 of Article 29 of the RF IC).

If the parents have resolved all issues regarding the definition future fate child, they go to the magistrate's court. A notarized agreement must be attached to the application. If an agreement is not reached, the disputed situation will be resolved by the district city authority.

The rules for filing a claim are regulated by Article 131-132 of the Code of Civil Procedure of the Russian Federation. The application shall indicate the following information:

1. The name of the court where the claim is filed.
2. Personal information of the plaintiff and defendant: full name, registration addresses.
3. Information about children: dates of birth, place of permanent residence, educational institution.
4. In case of a dispute about the division of common property - a list of equipment, transport and real estate. The approximate market price or the value of the claim determined by an expert agency is indicated.
5. About the reasons for the divorce, the motives that prompted the filing of the application. This part of the claim is formal in nature. The court has the right to order a conciliation procedure when it follows from the behavior of the parties that they can save the marriage. If, after a set time, agreement in the family is not reached, the court will ultimately decide to dissolve the union.
6. One or more requirements accompanying a divorce: determining the place of residence of children, alimony for their maintenance, division of common property, etc.
7. List of documents confirming the above circumstances.

The application may indicate telephone numbers, means electronic communications to promptly receive information from the court.

To go to court you must have the following in originals:

• Marriage certificate;
• children's birth certificates;
• receipt of payment of state duty.

Copies are provided:

1. A claim based on the number of parties, usually for the defendant and the guardianship and trusteeship authorities, other participants in the process.
2. Marriage agreement or separation agreement in case of disputes about property purchased during marriage, receipts, checks, certificates of registration of vehicles, apartments, country houses, cottages, land plots, etc.

Before submitting the application, the state fee must be paid in advance, otherwise the case will be left without progress. The amount of the fee is (Article 333.26 of the Tax Code of the Russian Federation):

• 650 rub. - when filing a claim by any of the parties to the family union;
• 350 rub. - under the circumstances listed in paragraph 2 of Article 19 of the RF IC.

How to file for divorce if you have minor children: important points

Divorce in court is carried out if the spouses have common property. If, for example, the child was born before registration official relations and the father is not included in the document, the couple can dissolve the marriage at the registry office. Consanguinity is not taken into account because if children are adopted during marriage, the parties will still have to go to court.

If the original marriage or birth certificates have not been preserved or the inscriptions on them are unreadable, then the interested party should contact the registry office to obtain duplicates.

If there is a ready-made judicial act of divorce that has entered into force, it is necessary to register the termination of the marriage with the civil registry office. To do this, you need to submit an application with a copy of the decision and pay the state fee. The divorce certificate can be collected on the same day.

Divorce can also be reported through the State Services portal.

If family life didn't work out and divorce proceedings cannot be avoided, then you need to be legally savvy in this matter in order to survive this difficult event as soon as possible. It’s one thing if a childless couple gets divorced. Mutual claims and division of property are all they will need to overcome. And it’s completely different when a married couple has children who have not reached adulthood. It is extremely rare for such an issue to be resolved without a trial when both parties find a compromise. All other cases will be dealt with on an individual basis.

Where to go

So, you are the party who has decided to end the relationship and do not know how to file a divorce if there are children under the age of eighteen. Court is the first thing that comes to mind. Several years ago, a law was introduced according to which civil registry offices are authorized to resolve such conflicts.

Divorce proceedings in the presence of children under 3 years of age in the family can be carried out with the help of local registry offices in the following cases:

• the party to the case under consideration was officially declared incompetent;
• the party to the divorce proceedings is listed as missing for more than one year;
• the party has a valid criminal record requiring him to serve a prison sentence of at least three years;
• if the child of the family being divorced is not common (for example, the wife’s child from her first marriage).

Attention! If you have not moved to another region, we advise you to submit an application for divorce to the same registry office where the marriage was registered.

In addition to the registry office, there are two more authorities that are designed to help you find out how to divorce your spouse if you have children under 18 years of age.

1. Regional court as a way to resolve such conflicts.
2. The Magistrate's Court is also empowered to decide these issues.

Appeal to the District Court

You will have to go to the court located at your place of residence in the following circumstances:

• amount of division of property between ex-spouses amounts to more than fifty thousand rubles;
• spouses cannot come to a common opinion on who will keep their natural or adopted children under 18 years of age;
• a compromise solution satisfying the interests of both parties was not found.

The district court always advocates humane actions, so very often, with its verdict, it sets a period for the married couple during which they can reconcile and refuse divorce. This mainly happens because the court is not sure of the firmness of intentions married couple or that one spouse does not wish to divorce the other party. A period for reconciliation is almost always given to spouses who have small children.

Appeal to the World Court

Filing an application to the World Court on the issue of divorce proceedings in the presence of minor children is possible in the case where both parties to the conflict want to get a divorce and do not have claims against each other regarding their common property.
Under certain circumstances, the judicial authority may accept the application form even if one party to the issue objects to the divorce.

When making such a decision, the magistrate’s court must also determine the procedure and amount of alimony, as well as the schedule of meetings between the minor child and the second parent. If there are no aggravating circumstances during the divorce, then the parent with whom the child remains has no right to object to such meetings.

List of documents for filing a claim

Regardless of which of the above authorities you decide to contact regarding the divorce process, you will need to collect and provide the following package of documents:

• a receipt indicating that you have paid the state fee for divorce;
• application for filing a claim for divorce proceedings (a sample must be submitted to the institution);
• passport;
• marriage certificate (copy and original);
• birth certificate of children as confirmation of their minority;
• provided that both people agree to the divorce, one of the parties must provide their consent, previously notarized.

Advice! In some cases, additional documents, certificates (of no criminal record) or extracts (from the house register) are required. We advise you to inquire in advance about full list documents by phone and receive a form and a sample of filling out the papers.

Who can minor children stay with after their parents divorce?

When filing for divorce if you have minor children, main question, which worries every couple: with whom the kids will end up living. As a rule, every parent always tries to pull the blanket over themselves, which means that it is extremely rare to reach an amicable agreement on the division of children. Therefore, this issue will be decided by the World or Regional Court.
Typically, the actions of the judicial authority develop on the following fronts:

• consideration of the details of the process and taking into account the interests of both parties;
• appointment of a conciliation period from one to three months.

If the children have not even reached the age of ten, then in nine cases out of ten, they will remain with their mother. For the father, alimony and the procedure for its payments will be assigned, as well as a schedule of meetings, which the mother of the children cannot oppose.

It is customary to distinguish between four main factors that the court takes into account when determining who children under the age of majority will remain with after their parents divorce:

1. The main factor that has great importance for the judiciary to accept this decision– this is the will of the baby himself about whether he wants to stay with mom or dad. If there are several children in a family, then the opinion of each of them should be taken into account.
2. The court also clarifies the presence or absence of any conflicts between children and one of the parents and the peculiarities of relationships with grandparents. Consultation with guardianship authorities can be used in cases where there are three children in a family, and each has a different opinion about which parent he wants to stay with.
3. The desire of each parent to keep the child, their arguments and arguments regarding this issue. Moreover, the court always asks the spouses to clarify why the minor children should stay with him. The judge also asks questions about whether the parent can really provide the child with everything vitally necessary, whether he is ready for this morally and psychologically, whether he has addictions, a criminal record or negative characteristics at the police station.
4. Study of the material well-being of each parent, including official wages and additional sources of income. Future alimony payments will also be taken into account. The court also finds out which of the parents is capable of providing their child or children with an education, high level life.

Consideration of additional factors that make no sense to list, since each individual case always has a lot of nuances.

In circumstances where two spouses could not agree not only on the division of children, but also on the division of property, then immediately after the issue with minor children is resolved, the judicial authority will have to divide the jointly acquired property.

Under what circumstances is divorce impossible?

There are several good reasons why a divorce between two spouses with minor children cannot be carried out:

• if the spouses have a child who is under one year old, the father will not be able to sue the court or the registry office for divorce;
• the wife's pregnancy is also an undeniable reason for the husband's claim for divorce not to be satisfied;
• In the event of the loss of a child or his death in the first years of life, the father will also not be able to file for divorce under the program to protect the interests of mother and child.

If one of the above circumstances occurs, but the mother infant or the deceased child herself agrees to a divorce, then the court has no right to oppose her will.

Procedure and stages of divorce proceedings with minor children

The process of divorcing two spouses with young children is usually carried out in six main stages:

Divorce proceedings between couples with young children can be very protracted if the parties do not come to some kind of agreement in advance. This must be done for the peace of mind of young children.

Divorce of spouses with children: video