Divorce in the presence of a child. Dissolution of marriage in a family with an underage child.
You have already thought about all the benefits andthe shortcomings of life after the divorce, appreciated how it will affect the child and still came to the conclusion that the separation is inevitable? Then you have to get divorced in court. To divorce in the registry office having in the family of the general children who have not reached 18 years, it is impossible.
Who has the right to file for divorce?
Any adult has the right tocreate a family, and divorce. A wife can apply for divorce at any time, and her husband's actions to initiate divorce are limited to the Family Code. He does not have the right to demand divorce during the wife's pregnancy and within a year after the birth of the child.
By mutual consent to file for divorce is allowed, regardless of the age of the children.
How long will the divorce proceed?
From the filing of documents to the court session musttake more than a month. When considering cases of divorce, judges are primarily required to act in the interests of minor children - to try to save the family. To this end, the trial is postponed, the time for reconciliation is fixed. This can happen repeatedly, but in general - no longer than three months.
What is being decided in court?
In addition to formal divorce, the judge:
- decides with whom the child will live;
- assigns the amount of alimony to be paid to the second parent;
- determines for him the order of communication with the child;
- shares property jointly acquired in marriage.
Personal presence is mandatory?
Both husband and wife must be present in court. Or their representatives (lawyers). The claim for divorce is considered without a spouse-defendant only if the court recognizes the reason for his absence being disrespectful.
Whether it is necessary to address to lawyers?
You can go through the divorce yourself, withouthelp. But in most cases, especially when the dissolution of marriage occurs in a conflict situation, it is more reasonable to turn to lawyers. You do not have to contact either the spouse or the state authorities - this will be done by your lawyer. Divorce will become less stress for both parents and the child.
You for some reason do not want to hire a lawyer? Take advantage of at least a part-time free consultation . In Moscow and many other cities there isthe opportunity to personally visit a family legal consultation. The help of a specialist will not be superfluous: family law is a complex, multifaceted area of jurisprudence. Timely, competent advice of a lawyer specializing in divorce cases will save you from committing irreparable mistakes.
When is marriage terminated?
The court decision comes into force 10 days after the date of the decision (provided that it has not been appealed). From this moment the marriage is dissolved.
A certificate of divorce is made in the registry office at the place of his detention or the place of residence of the former spouses.
