141
Life with a child in the first year after its birth often becomes a test for young parents. The characters of the spouses are far from always revealed on the positive side, so it is sometimes not possible to find a common language in the current situation. Statistics on the termination of defects in this period are disappointing. How to file for divorce if you have a child, who has not reached the age of one year?
How is a divorce processed?
In general, there are 2 ways to divorce:
1. Submit an application to the registry office.
2. Through court proceedings.
The first option is provided for couples who do not disagree about the division of common property and who do not have minor children. In addition, a trial is not required if one of the spouses is officially recognized as incompetent, has gone missing, or is sentenced to a term of imprisonment of more than 3 years.
Divorce is annulled through the courts in the following situations:
• If there are common children and disagreements about who and where they will live.
• If there is disagreement about the division of common property.
• It was not possible to agree on the amount of payments for maintenance of an incapacitated spouse.
• One of the spouses prevents the process of divorce in any way, for example, does not appear at the registry office.
Rules for dissolution of marriage when there is a child under 1 year of age in the family
If one of the children has not reached the age of 1 by the time the lawsuit is filed in court, the divorce process will have some special features.
First, the husband cannot be the initiator of the divorce in this situation, as well as during the wife's pregnancy. Such a rule is established in the legislation to protect the life and health of the mother and child, to ensure their existence. If the wife herself files for divorce or expresses her consent to the husband's initiative (for example, signed his application), the court will consider her wishes and the marriage will be dissolved.
Secondly, as in the situation with the conclusion of marriage, the decision to divorce the spouses is not made immediately. Having submitted an application, the family receives a month for reflection, so that such a concession is not made under the influence of a momentary emotional outburst or as a result of an ordinary quarrel. In addition, if the husband does not agree to a divorce, the court postpones the settlement for a period of 3 months.
If a wife (pregnant or with a child under one year) opposes the dissolution of the marriage, the divorce can be postponed until the child reaches the specified age. Then her consent will not be required, but alimony will be issued not only for the maintenance of the child until he reaches the age of majority, but also for the mother until the newborn reaches the age of three.
If the wife agrees to a divorce, the procedure for legal proceedings regarding the dissolution of the marriage can be simplified and accelerated by drawing up an agreement between the spouses regarding the place of residence of the children, the payment of alimony, and the division of joint property.
You can file an appeal against the court's decision within 30 days after its adoption. Dissolution of marriage is considered to be effected after the former spouses receive the corresponding certificate.
