How to arrange a divorce in the presence of children?

Divorce with children

A selection of the most important documents on the issue of divorce in the presence of children (legal acts, forms, articles, expert advice and more).

Forms of Documents : Divorce with Children

Case law : Divorce with Children

Open the document in your system ConsultantPlus: Selection of court decisions for 2019: Article 65 “Exercise of parental rights” UK RF (R.B. Kasenov) As indicated by the court, the minor was registered in the place of residence of his father and was registered in the premises when the parents lived together, it is this residential premises was chosen by parents of the child as his place of residence, respectively, the minor acquired the right to use the residential premises in the place of residence of the father (Article 65 UK RF). There is no evidence that the parents reached an agreement after the termination of the marriage to change the child’s place of residence, which was originally determined when they moved into the disputed premises, in the case materials. The plaintiff’s arguments in this part concerning the existence of an agreement between the minor’s parents on the child’s residence after the termination of the marriage with his mother do not allow a judgment to be made on the parents’ change of residence, since this agreement regulates another issue within the framework of family law, not housing legal relations. Thus, the court dismissed the plaintiff’s claims to recognize that he had not acquired the right to use the apartment and to remove him from the registry.

Open the document in your system ConsultantPlus: A compilation of judicial decisions for the year 2020: Article 672 “Contract of tenancy in the housing fund of social use” Civil Code of the Russian Federation “Resolving the claim, the court, guided by the provisions of Articles 20, 672 of the Civil Code of the Russian Federation, Articles 1, 67, 69, 70, 71, 83 of the Housing Code of the Russian Federation, Article 1 of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of location and residence within the Russian Federation”, has concluded to deny satisfaction of the claimed claims T. R.I.A. to recognize T.Z. and T.S.A. as having lost the right to use the housing, recognized that the departure of the defendants as minors was forced, was connected with the dissolution of the parents’ marriage and the determination of the place of residence of the children with their mother, took into account the subsequent impossibility of living in connection with the presence of conflictual relations in the family, which arose on the basis of the father creating a new family and non-compliance with alimony obligations, the existence of debts.”

Articles, comments, answers to questions : Divorce with children

Open the document in your system ConsultantPlus: Article: Family and family values: approaches to understanding in conditions of modern law (A.A. Eliseeva) (“Actual problems of Russian law”, 2022, N 3) The terms “family” and “family values” have no legal definition in the family legislation of modern Russia. The law names only subjects related to family members. This is caused, among other things, by the existence in society of a generally accepted understanding of these categories for quite a long time. But the late XX – early XXI centuries were marked by a revolution in the views on many social institutions. In particular, there was a revision of ideas about the family, about the values of family life, including the value of creating a family and the value of childbearing. For modern people it is often no longer important to adhere to traditional family composition, to marry and to register the origins of children with the name of both parents. When there are conflicts, spouses are ready to break family ties with ease and do not seek to preserve them. Young families more and more often adhere to the idea of consciously postponing the birth of children until a later date or refuse to have children at all (so-called childfree). Financial independence and the priority of personal interests over common ones have become one of the first places in the hierarchy of values of modern people. Virtual communication is increasingly replacing personal communication between family members. Current Russian law, in contrast to previous norms, allows citizens to independently decide the issue of making information about family status public by putting the appropriate mark in the passport (registration and divorce, the presence of children) .

Normative acts : Divorce with children

Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.11.1998 N 15 (revision from 06.02.2007) “On application by the courts of the law when considering cases of dissolution of marriage” 1. While accepting the statement of claim for dissolution of marriage, the judge must take into account that, under article 17 of the Family Code, the husband has no right without the consent of the wife to initiate proceedings for dissolution of marriage during the pregnancy of the wife and for one year after the birth of a child. This provision also applies to cases where the child was stillborn or died before he or she reached the age of one year. In the absence of the consent of the wife to the consideration of the case on dissolution of marriage, the judge refused to accept the claim, and if it was accepted, the court shall stop production on the case (clause 1 of part 1 of article 134, paragraph 2 of article 220 of the Civil Procedural code of the Russian Federation). These determinations are not an obstacle to the re-appeal to the court with a claim for dissolution of marriage, if the circumstances referred to in art. 17 of the Family Code of the Russian Federation.

Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.05.1998 N 10 (ed. from 26.12.2017) “On the application by the courts of the legislation in resolving disputes related to the upbringing of children”. 4. In the case of the decision to dissolve the marriage of spouses who have common minor children, the court on the basis of clause 2 of article 24 of the Family Code takes measures to protect the interests of minor children and explains to the parties that the parent living separately has the right and obligation to participate in the education of the child, and the parent with whom the minor lives has no right to impede this.

Divorce in the presence of a child

In legal practice in the field of family law there is often such a concept as divorce. But, the word “divorce” is a more common notion among the people. For the law, it is synonymous with the termination of a marriage. By termination of marriage, the law means the termination of the cohabitation of the spouses and the termination of any family-legal relationship between them for the future.

The law does not consider the possibility of any further cohabitation between the individuals. In any case, after the dissolution of the marriage, the law will consider the cohabiting persons only as separate subjects of law. It is not uncommon for this concept to be closely associated with a child.

Divorce and children are usually an inseparable connection of the divorce process in family law. In essence, it is the only morally significant component of this kind of process.

In any case, if there is any misunderstanding on the basis of family law, which is quite typical and difficult, you should seek qualified family counseling to lawyers.

Our specialists are always ready to help in a variety of complex situations.

Specifically:

  • Divorce through the court on the mutual desire of the spouses.
  • Dissolution of marriage in the presence of children.
  • Property division in the divorce.
  • Support of the dissolution of the marriage in the presence of the marriage contract.
  • Preparation of the marriage contract.
  • Contestation and termination of the marriage contract.
  • Dissolution of marriage at the conclusion of one of the spouses in custody for more than three years.
  • Contesting the divorce when the spouse is pregnant and a child under the age of one year.
  • Other legal advice on family matters.

Can I get a divorce if there is a small child in the family?

Under the general rules, the presence of children in the family, cannot prevent the spouses from divorcing. Another issue is that this procedure will occur somewhat differently than in an ordinary divorce. The thing is that if the spouses have a child, their rights to adequate care and education in a full family will also be taken into consideration during the divorce. Thus, a divorce with a small child will not succeed if the child is under one year old, or if the spouse is pregnant. The only exception to this rule may be if the child is stillborn or does not live to be one year old.

Legal assistance for divorce of spouses with children

Consultation in the office and on the phone

The help of a lawyer. Experience of 19 years on the divorce of spouses with children!

As there is a divorce when there are children in the family

According to the law, if there are children under the age of 18 in the family, the marriage cannot be simply dissolved in the registry office. In this case, the spouses need to apply to the court and initiate divorce proceedings. Such a requirement is dictated by the fact that the civil registry office is not authorized by the state to decide questions about who the children will remain with after the divorce. It is the interests of the child, in this case, and play an essential role in the decision of the issue.

In a judicial dissolution of marriage, all circumstances that could be relevant to the fate of a child are considered. In order for the court to allocate children to one of the spouses, that spouse must have sufficient financial resources to be able to support and properly raise the child. When considering whether to leave the child with one parent, the court must consider the moral and ethical aspects of the child’s life and determine whether it is safe for the child’s developing psyche to live with that parent.

Therefore, if a parent leads an immoral life, takes drugs or alcohol, or has no place to live or sufficient income, they will probably not be able to obtain custody of their children.

What is the standard procedure for dissolving a marriage with children?

Each spouse has the right to initiate a divorce. The only restriction is for the husband. He cannot initiate a divorce if his spouse is pregnant or if the child born to him is under the age of one year.

Divorce with a child is initiated by filing a petition with the court. The petition must be accompanied by the marriage certificate and birth certificates of all joint children. Also, if the spouses have agreed on the division of property and resolved the issue of who the children will remain with, these agreements must also be attached to the petition. At the time of filing a lawsuit, you must also present a receipt for payment of state duty and a power of attorney, if the party appears in court with the assistance of an attorney.

Leave a Comment