How to divorce your husband if you have a child

06.07.2023 0 комментариев


How to divorce your husband if you have a child

It is believed that a family truly becomes a family only when a baby appears in it. And the stronger the connection, the more difficult it is to break. Childless couples often separate without any problems. But to divorce your husband if you have a child is much more difficult, not only psychologically, but also legally.
How to divorce your husband if you have a child


According to Russian law, if you have children, you won’t be able to get a divorce in the registry office, you have to go to court. If both spouses agree to a divorce and have amicably agreed among themselves with whom the child remains, one must apply to the justice of the peace at the place of residence of one of the spouses. If there is disagreement, an application for divorce is written to the district court of general jurisdiction.
The application for divorce is written in duplicate (you can write it by hand, you can — on a computer). It must be accompanied by a receipt of payment of the state fee for divorce, a marriage certificate (original), as well as a copy of the birth certificate of the child.
As in the case of marriage registration, divorce is given «time for reflection» — a court hearing will be scheduled no earlier than a month after the application is submitted. In case of divorce “by agreement”, when both spouses signed the divorce application, and there are no disagreements on the division of property, the court session is a legal formality, and the dissolution of the marriage is carried out quickly and without delay, at the very first court session.
If the parents cannot «separate the child» — the question of who he will stay with will be decided by the district judges. Their decision can be influenced by the financial situation or living conditions of each of the spouses, the child’s attachment to one of the parents, as well as a host of other factors. Also, during a divorce, additional conditions may be agreed (the procedure for paying alimony and their amount, the degree of participation of parents in raising a child, the frequency and duration of contacts, and so on).
Please note that if one of the family members is categorically against a divorce, refuses to write a statement or does not appear in court, you can also be divorced unilaterally.

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Family and Relationships / Breakups and Divorces


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