Legal illiteracy gives rise to problems arising from family legal relations. Faced with a difficult situation, women do not know where and when to seek help. They do not understand whether they or a spouse have the right to file for divorce when they have a common child up to a year old. Is divorce possible when a newborn is in your arms?
A husband does not have the right to file for divorce if:
The law does not limit women's rights. She can file a lawsuit and divorce, regardless of how old the baby is from birth.
If the spouse has no objections to the divorce, but there is a newborn, divorce is possible. The rule is enshrined in the RF IC, article 17.
The registry office draws up a divorce if the spouses do not have common children, claims regarding the use of common property, there is consent. Other cases are considered through the court.
Exceptions, if the decision of the court recognizes:
You can file an application and divorce your husband through the registry office, unilaterally.
Divorce cases go through justices of the peace. The territorial rule of jurisdiction is used. The claim must be filed at the place of registration of the defendant. The court considers the case at the place of residence of the plaintiff in the presence of two circumstances:
Divorce cases are under the jurisdiction of the federal court (court of the district, city) when it is considered:
If the offspring is not the first year of birth, we submit a statement of claim to the justice of the peace. The decision will be made by the court in case of a successful combination of circumstances in 30 days. The deadline was met so that the spouses who arrived in the heat of the moment had the opportunity to change their minds.
Documents sent to the court:
If the interests of the plaintiff or defendant are represented by a lawyer, a notarized power of attorney is required.
The state duty for a divorce case is 850 rubles. The decision of the court must be registered. For a certificate of divorce, you will have to pay 850 rubles. In total, you will have to pay 1.7 thousand rubles. Documents can be submitted as photocopies. Attached is the original paid receipt. In order for the court session to take place, the plaintiff and the defendant must have passports and originals of the above documents. Documents for the court can be submitted in person or through the post office.
If the spouse files a court application, in the presence of a baby who has not reached the year of birth or being pregnant, the court protects her rights. If the spouse agrees, the marriage bond is subject to termination.
If there are two or more children, one of whom has not reached the first year of birth, the divorce proceeds according to the rules for dissolution of marriage with a single small child.
Lawyers advise supplementing an application for divorce with a claim for the recovery of alimony for children and a requirement for the maintenance of the mother, until the child reaches the age of three.
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According to statistics: 90% of children are left to their mothers. There are isolated cases when a child at the age of one month is given to the father through the court. But this is an exception. Russian legislation provides equal rights for parents to raise a child. When making a decision, the court takes into account: the personal characteristics of the parents, material support, the quality of living conditions.
Before the trial, it should be agreed between the wife and husband:
Your agreements on alimony and obligations can be expressed by an agreement on the payment of alimony. The document is drawn up by a notary, signed by two spouses.
The length and cost of litigation depends on the circumstances of the particular case. Citizens are concerned about the timing when the presence of a marriage stamp prevents them from taking a significant legal action: formalizing a real estate transaction, remarrying.
Any case requires careful preparation, especially judicial. First, a preliminary hearing is scheduled. The next hearing will consider the case on the merits. The decision may be made at a later hearing.
To notify the divorcing spouses of the time of the meeting, the court sends address subpoenas. The time for the delivery of the notice, the receipt by the court of a notice of the delivery of the subpoena is taken into account. The circumstances concerning the distribution of correspondence can be called addictive.
The court decision comes into force after 10 days from the date of its adoption. Particular attention should be paid to the time allotted for the preparation of a judicial act. The courts of Russia are inundated with statements of claim, there are few employees of the apparatus, so the time for making a decision is delayed. We add 10 days for the possibility of an appeal to the days that it takes for the preparation of a certificate of divorce by the employees of the registry office. Deadlines are increasing.
You can file for divorce with a child under one year old and divorce at the first court session for couples who have come to a mutual agreement, have personally appeared in court, they have no disagreements on the points:
Court cases in the presence of unresolved specified circumstances can last two months.
When one of the spouses objects to the divorce, the process is delayed. They can apply to the court for a time limit for reconciliation. The term is limited: three months. The referee divides the period in half. Initially, the conciliatory period is one and a half months. If the situation remains unchanged, the court extends the reconciliation. Processes where there is no agreement between the spouses can drag on for six months.
Legislation established reconciliation to improve relations between husband, wife and children. Practice shows that the cell of society is often preserved due to the period given for reflection.
If the husband is a citizen of a foreign state, divorce from baby or two children is also possible. Proceedings on a claim are opened at the place of residence of the defendant - this is a general setting in accordance with the law of the Russian Federation. However, the defendant is a resident of another state. Have to go abroad to file for divorce and divorce?
The plaintiff, a citizen of Russia, has the right to file for divorce at the place of her registration. The lawsuit states that the last known address of the foreign husband was Russia. In this case, the claim will be considered in a Russian court under Russian law.
The Code of Civil Procedure states: a divorce case with the participation of foreigners can be considered by a Russian court in two cases:
A foreigner will not be allowed to pick up a child with Russian citizenship at the age of one month or, when the child is already six months old, a year old, and smuggle across the Russian border. The state protects the interests of its citizens: a child has the right to know the traditions and be brought up in the state in which he was born.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:207 Reading time: 5 min.
According to Art. 17 of the RF IC, divorce with a child under 1 year old is allowed only with the consent of the woman. A man cannot initiate a divorce. The application must be submitted by the spouse or by mutual agreement of the parties. Since the couple has a common minor child, the case is being considered in court. Divorce through the registry office is excluded here.
Family law is to protect the rights of minor children. One of them is living in a complete family. After the birth of a child, the life of the spouses changes dramatically. It is possible that quarrels will arise that will lead to the desire of a man to divorce. Since the emotional state of a woman after childbirth is not always balanced, she needs time to recover. One year is enough for this. This justifies the ban on a man filing documents for divorce unilaterally.
Important!!! Whatever the reason for the divorce, a man cannot file for divorce until the child is one year old.
Unfortunately, but in practice, spouses may not live together. This is the fundamental reason for the dissolution of a marriage. If the spouse agrees with the procedure, she has the right to file documents with the court unilaterally. In this case, the divorce will be issued. The age of the child does not play a role here.
With the mutual consent of the spouses to divorce, there will also be no problems. One of the parties will be able to file a claim with the court, while the other will fully agree with the requirements specified in it. In this case, the dissolution of the marriage will occur as soon as possible, after the first trial.
The divorce procedure, if there is a child under one year old in the family, takes place in a standard manner. A woman will need to prepare a statement of claim and the necessary package of documents in advance by submitting them to:
If the spouses were able to independently determine the place of residence of the child, i.e. they have no claims against each other, the lawsuit is filed in the world court. If there is a dispute - to the district.
Important!!! When determining the place of residence of a child under one year old, the court will certainly take the side of the mother. This is due to the close emotional dependence of the newborn and the woman. A man will be given a child only if he can prove the mother's incompetence, her alcohol or drug addiction.
Divorce with an infant under one year old requires payment of a state duty in the amount of 600 rubles. This should be taken into account when filing a claim with the court. In addition to the basic requirement for a divorce, a woman has the right to request the appointment of maintenance payments for herself and the child.
One statement of claim for the trial will not be enough. Copies must be attached to it:
You will also need an original certificate of family composition or an extract from the house register. In some cases, an additional list of documents is required (for example, a certificate of the father's income, if necessary, the appointment of maintenance payments).
A statement of claim for divorce, if there is a child under one year old in the family, can be drawn up by the spouses on their own, or by contacting a lawyer. By whom it will be framed does not play a role. The main thing is to draw up taking into account all the norms of the current legislation. Errors will result in rejection of the application. To prevent this from happening, it is still worth turning to a professional for help. If there is no money for paid services, a woman can resort to free legal advice on online resources.
What is included in the claim?
The plaintiff supports the claim with the date of preparation and signature. Further, the application, together with the documents attached to it, should be taken to the court secretariat. Within 5 days, the plaintiff will receive a response about the opening of the case or a refusal indicating the reason.
Divorce in the presence of a child under 1 year old occurs in court. The first hearing is scheduled one month after the receipt of the claim and documents. If a woman cannot take part in the process, she has the right to write a statement with a request to conduct it without her presence. The case will proceed without her.
Important!!! According to paragraph 2 of Art. 16 of the RF IC, the basis for the dissolution of the marriage of spouses with a child under one year old is the acceptance by the court of an application from both parties, or a woman.
In case of mutual consent of the spouses to divorce, it will be approved after the first meeting. In this case, the judge will give time for reconciliation of the parties.
As a rule, if there is a child under one year old, a maximum period of 3 months is assigned.
During this period, the spouses can reconcile and refuse to divorce.
If the spouse does not want to get a divorce, the consideration of the case can drag on for many months. The man may not come to the trial. In this case, a rehearing will be scheduled. If it is ignored, the judge will grant the woman's demand for a divorce.
It is worth saying that even if a man refuses a divorce, a woman has the right to request approval of the claim. The judge will carefully study the case, if the plaintiff does not want to go to reconciliation, he will fully satisfy her requirements, setting the time limits for reconciliation.
In some situations, a divorce with a child under one year old can be accelerated. This applies to cases of physical violence against a woman, as well as the presence of alcohol or drug addiction in a man. Litigation in this case takes place according to the general procedure. However, the judge reduces the terms for reconciliation, or does not set them.
The court does not issue a divorce certificate. He only makes a decision and gives the spouses a copy of it. After its entry into force (the end of the reconciliation period), the parties will need to visit the registry office. Obtaining a certificate of divorce requires the payment of a state fee on behalf of each participant in the trial.
Important!!! The amount of the state duty for obtaining a certificate of divorce is 650 rubles.
Former spouses do not have to go to the registry office together, they have the right to visit it separately at any time convenient for them. Each of them will be given a copy of the certificate. At the same time, the terms of its receipt are not established at the legislative level. This means that you can request the issuance of a document both in a month and in several years.
If there are children in the family, the divorce is formalized in court. However, this is not always possible. In accordance with the RF IC, a woman can file for divorce at the registry office unilaterally in exceptional cases. These include:
In such situations, divorce is carried out in a simplified manner. The presence of a child under one year old does not play a significant role here. It is enough for a woman to express a desire to get a divorce, write an application to the registry office and submit the necessary list of documents. These include:
When filing documents for divorce in a simplified manner, time for reconciliation is not given. The woman will receive a divorce certificate as soon as possible.
The Family Code of the Russian Federation allows divorces for couples raising a child under one year old. The procedure is carried out in court. The judge is not entitled to initiate divorce proceedings unilaterally, at the request of the man. The woman must give written consent, without it the divorce will not be issued. At the same time, the law does not prohibit the mother of the child from filing a lawsuit on her own. In this case, the dissolution of the marriage occurs in the standard manner, and the consent of the husband is not required.
Last modified: January 2020
Family law, allowing the divorce of spouses by mutual consent or without it, establishes a certain procedure and the necessary list of documents. If, in the absence of minor children, divorce can take place through the registry office, then in the case of raising minor dependents, the law requires more detailed proceedings in court. It is impossible to get a divorce with a child under 1 year old in some situations.
It is required to understand the current provisions of the law, which stands up for the protection of the rights of the mother and the newly born baby.
The general procedure and requirements for the procedure are established by family law (Chapter 4 of the RF IC), as well as the norms of the Code of Civil Procedure of the Russian Federation (in particular, Articles 132-135 and Article 220). The exception is cases of divorce before and after the birth of the spouse, if the initiator of the separation is the husband.
The period of gestation, childbirth and the postpartum period, the mother and newborn are especially vulnerable and need comprehensive care and protection. For this reason, family law prohibits divorce if there is a child under the age of one. This provision is fixed by Article 17 of the RF IC, which does not allow the husband to file for termination of marital relations in the following situations:
By establishing the impossibility of breeding for the head of the family, the law does not prohibit similar actions on the part of the wife. Thus, if the child is less than a year old, a divorce can only be filed if the spouse files a lawsuit.
If there is opposition on the part of the wife, it will not be possible to divorce under any circumstances until:
In any case, the issue will be considered by the court, because before the official separation, the couple will have to determine the procedure for living, communicating, and financing the child. However, there are exceptions to this rule when the registry office is authorized to terminate the registration of relations.
The presence of children and their age will not affect the possibility of filing an application with the registry office if circumstances are established that allow divorce in.
Such situations are defined in Art. 19 of the Family Code and do not limit the right of any spouse to file a divorce at any time, even if there is a newborn:
The above situations are the only options that allow the termination of marriage bonds without the consent of the second half, regardless of the age and number of common children.
To file a divorce unilaterally, the spouse initiating the procedure must fill out an application form in accordance with the established form, justifying the termination of one of the above reasons. In addition to supporting documents, a receipt with a paid fee of 350 rubles is attached to the application.
After the time specified by law (after 30 days), the registry office will prepare a decision on termination, make a new entry on the termination of registration and issue a confirming certificate. If the divorce is unilateral, the personal presence of the applicant is mandatory.
After the change of marital status, the spouse will be able to go to court to determine a number of issues related to termination. Differences of opinion regarding the place of the definition of the child, the order of communication, upbringing, content can be attributed to controversial issues.
Sometimes family life is far from being as rosy as it seemed at the registration of marriage, and even the birth of a child did not contribute to strengthening family unity. Faced with drunkenness, drug addiction, violence, the spouse has the right to demand in court release from a dysfunctional family life.
In the text of the application for divorce at the initiative of the mother, they indicate the specific reasons that prompted the separation from the partner, as well as provide evidence of their words. In order to reduce the time for making a decision and get rid of an additional deadline, it is necessary to indicate in the application itself that reconciliation with her husband is impossible.
When faced with the complexities of family life after the birth of a child, family lawyers recommend waiting for a while, because the emergence of new worries often destroys the usual way of life, leading to frequent quarrels and misunderstandings.
If the wife filed for divorce without waiting for the child to turn 1 year old, you need to be prepared for the fact that representatives of the guardianship department at the child’s place of residence can join the divorce procedure. Their task is to ensure the observance of the interests of a young child, the protection of his rights.With the exception of this fact, the entire divorce process takes place in strict accordance with the general rules for terminating registration through the court.
Depending on the circumstances surrounding the separation of a husband and wife, the place of application is:
The only exception that allows a divorce with the division of property through the Magistrate's Court is the amount of claims within 50 thousand rubles. If the value of property and savings exceeds the established threshold, the case is transferred to the district court.
If there are no grounds for unilateral termination under a simplified scheme, only a court can consider a divorce case in the presence of an infant.
The basis for the application will be:
The first thing to do when you intend to get a divorce with a newborn child is the proper drafting of the text of the application, using the formats and forms established by the court.
The requirements for the document are determined by the provisions of Art. 131, 132 of the civil procedural law:
Attachments are attached to the document, convincingly demonstrating the validity of the plaintiff's appeal (personal documents of the parties, certificates for children, marriage concluded with the defendant, if any, achieved between spouses in relation to minors, certificate of the place of residence of the child).
For a divorce in the court, a state fee of 600 rubles is established. The exact value of the payment is established in accordance with Art. 333.19 tax legislation.
The place of consideration of the case is the court (district or world), determined taking into account Art. 23-24 Code of Civil Procedure. According to Article 29 of the same legislative act, the plaintiff and the child have the right to apply to the court at their place of residence if the addresses of the defendant and his spouse do not match.
After accepting the application, the judge sets the date of the meeting.
Step-by-step instruction includes the following stages of the judicial procedure:
According to Article 66 of the RF IC, representatives of the local guardianship may interfere in the divorce process. As confirmation of their position on the place where the child was determined, they present an act of examining housing, evidence of the emotional state of the baby, the presence of greater attachment to one of the spouses.
When a wife decides to divorce her husband without waiting 12 months, the law provides for her right immediately. This measure is enshrined in Art. 91 of the RF IC, extending its effect to the entire period from the moment of divorce until the child reaches the age of three, when the mother can go to work and have her own income.
A decision in favor of the spouse is made only if evidence is presented in court that the defendant's ability to pay will allow him to make additional payments on ex-spouse. If in relation to a child, alimony is prescribed mainly in the form of a share of earnings, then alimony for a wife is exclusively in a fixed amount of money.
After the birth of a baby, a woman is completely immersed in caring for a child, making increased demands on herself and those around her. Sometimes men themselves experience stress at the birth of an heir. In some cases, the behavior of the spouse was not exemplary long before birth.
In any case, the couple is faced with the need to reach compromises and show tolerance towards other family members. Many couples break up after the birth of their spouse, others jointly overcome new difficulties that have arisen, only strengthening family ties. For this reason, the court, considering a request to divorce with a baby in her arms, will take into account the possibility of reconciliation, and will appoint an additional period.
To avoid postponing the moment of divorce, according to Article 22 of the RF IC, spouses must declare the impossibility of extending the marriage and life together as husband and wife.
Strong grounds for a quick divorce will be evidence:
Convinced in such circumstances, the court will not offer additional time for reconciliation and divorce within the minimum time allowed by law.
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The divorce process is an event of a personal, material, legal nature, in which the rights and obligations of a husband and wife are affected, not only in relation to each other, but also in relation to children. The law of the Russian Federation protects the rights of minor children and regulates in detail the procedure for divorce between spouses who have children.
The grounds, procedure, legal consequences of the dissolution of a marriage are regulated by the Family (Chapter 4) and Civil Procedure (Articles 220, 132-135) Codes of the Russian Federation. And in the event of a divorce between a husband and wife who have a child under 1 year old, one must take into account the provision of Article 17 of the RF IC, according to which a husband cannot divorce his wife without her consent throughout the entire period of pregnancy in the first year of a newborn child's life.
The importance of applying this provision of the law can be easily explained by the vulnerability of a woman during a difficult period of pregnancy, the postpartum period, the period of caring for an infant in the first year of life - in terms of material, moral, physical dependence and the need for support and assistance from a loved one, in this case , husband.
However, this legislative norm does not exclude the possibility of dissolution of the marriage during the wife's pregnancy and the first year after the birth of the child. And in this article we will consider on what grounds, in what order a husband and wife can divorce despite the presence of a newborn child under 1 year old.
So Art. 17 of the Family Code of the Russian Federation provides for a ban on divorce if there is a child under 1 year old in the family, if the initiative comes from the husband and the wife does not agree to a divorce. But if the wife agrees, the marriage can be dissolved before the child reaches the age of one. It is also possible to dissolve the marriage at the initiative of the wife.
From the analysis of this norm of family law, it becomes clear that the law is designed to protect the interests of the mother and the small child.
So, the restrictions on the dissolution of the marriage, if the child is not 1 year old, are as follows:
The husband who intends to dissolve the marriage has two options: either wait until the child is one year old, or obtain the wife's written consent. If the cohabitation of the parents is impossible or unbearable, it is sufficient for the father and husband to fulfill the obligation to support the mother and child. He will have to do the same in the event of a divorce - often in a judicial divorce process, the issue of the financial support of the child and the mother, who is on vacation for 3 years after giving birth (according to Article 90 of the RF IC), is considered.
If the wife is forced to divorce due to such difficult life circumstances as drunkenness, drug addiction, violence on the part of her husband, it is advisable to present evidence in court, in which case measures for reconciliation of the married couple will not be applied, and the wife will receive a divorce. But if a divorce with a small child is caused by not so difficult, critical circumstances, lawyers advise to wait with a divorce until the child reaches 1 year. Firstly, during this period she retains the right to live in a living space owned by her husband, and secondly, the judicial procedure for divorcing a child after a year will not cause such difficulties.
A feature of the judicial divorce procedure in the presence of a child under the age of one year is the participation of the custody and guardianship body, which controls the protection of the rights of a minor child. Otherwise, the judicial procedure for divorce is standard, the procedure for making a decision on divorce is the same as in other divorce cases.
In order for the topic of divorce in the presence of a small child to be completely exhausted, it is necessary to consider all the methods of divorce provided for by law.
According to Article 18 of the RF IC, divorce is possible ...
As you know, a divorce between spouses in the presence of joint minor children occurs exclusively through the court, and as we have already discussed above, for a divorce with a child under 1 year old, the consent of the married couple or the initiative coming from the wife and mother is required. But in some cases Small child- not a hindrance to divorce in an administrative order (through the registry office).
If the claim is filed by the husband, the written consent of the wife to the divorce must be attached to the above documents.
If a divorce occurs at the initiative of a husband and wife, it would be useful to attach a ready-made and to it. The presence of such documents will significantly speed up the trial, but if these issues are not resolved by the parents voluntarily and in advance, they will be decided by the court in the divorce proceedings.
The statement of claim is drawn up according to the general rules provided for in Art. 131-132 Code of Civil Procedure of the Russian Federation. It must contain the following information:
Below you can download a sample statement of claim for divorce with a small child under 1 year old, and use it to prepare your own claim. If in the process of preparing the claim and documents you need qualified assistance, call the hotline or write a message to our lawyer - consultation is provided free of charge.
Divorce proceedings in court are a procedure for which a state fee is charged. According to Article 333.19, paragraph 5 of the Tax Code, it is 600 rubles. If, simultaneously with claims for divorce, additional claims are filed (on the choice of the place of residence of the child, the appointment of maintenance for the child and wife during maternity leave), an additional state duty is paid.
The term for consideration of a divorce case with a small child in a magistrate's court is 1 month, in a district or city court (in the event of disputes about children) - 2 months. However, this period established by the procedural law may be extended for technical and organizational reasons, as well as due to the intention of the court to reconcile the spouses by setting an additional period of 1-3 months for this. Another 1 month after the court decision is given to the parties for its appeal, after which it will enter into force.
Divorce cases between spouses who have a small child are considered complex. An analysis of judicial practice shows that in order to consider a case, parents have to attend court hearings at least 3 times, provided that they have complete order with the documents, and with the slightest difficulty, if additional disputes and mutual claims arise, the divorce period can be significantly delayed.
The birth of a child often becomes an insurmountable test for the family, and divorce before the child reaches 1 year is not uncommon for judicial practice.
The law establishes a ban on divorce from a wife in the first year of a joint child's life, but divorce is not prohibited if the wife is the initiator of it - and this is a kind of loophole for spouses who do not want to wait until the child is 1 year old. But even if the court dissolves the marriage between the parents, this will not allow them to relieve themselves of responsibility for the maintenance and upbringing of the joint child. In addition, an additional obligation may be imposed on the husband - throughout the entire period of her involuntary unemployment - until the child reaches 3 years of age.
An experienced lawyer will help you assess the situation and predict the possible course of events. On our portal you can get a free legal consultation — write to the chat or call the hotline.
If the spouses decide to divorce by mutual agreement, there should be no difficulties. But if at the court session it is found out that the consent expressed “on paper” is in fact the result of manipulation and violence, the case will have to be considered more closely and in detail.
Question
My husband filed a lawsuit for divorce, indicating in it that I agree. But actually I am against it. Our child is only six months old, I do not work, I live in the apartment of my husband and his parents. What can be done in this case?
Answer
In this case, you need to file an objection to the claim - before the first court session through the court office or directly during the court session. The objection must indicate the reasons why the marriage should be saved, referring to the presence of a joint small child and other circumstances of family life. A copy of the child's birth certificate must be attached to the objection to the husband's claim (if the husband did not do this).
If the husband is filing a lawsuit, it may also be difficult to try and deprive her of parental rights so as not to leave the child and mother. In such cases, the court also examines in detail the evidence presented to the court by each of the spouses - documents, testimonies of witnesses, audio and video recordings.
If a wife files a lawsuit, referring to the unacceptable behavior of her husband, the court will evaluate the evidence presented, so the woman should take care to prepare a convincing evidence base confirming the impossibility of maintaining a family and cohabitation. Otherwise, especially if the husband does not agree to dissolve the marriage, and there is no evidence of his unworthy behavior, the court will set a 1-3 month period for reconciliation of the spouses and the preservation of the family.
According to articles 63, 80 of the RF IC, they bear equal responsibilities for the upbringing, material support, and education of minor children. And divorce between parents cannot be a reason for not fulfilling these responsibilities.
Usually talking about parental responsibilities, we mean the payment of alimony, but the participation of the father and mother in the life of a joint child should not be limited to the payment of sums of money, but should also include regular meetings, communication, upbringing, assistance in obtaining education, comprehensive physical and mental development, health and medical care.
Parents also have equal rights: spend time with the child, take part in his life, know about the state of his health, resolve issues related to his education and medical care, give or not give consent to the child's travel abroad.
If one of the parents evades fulfilling his obligations towards the child or prevents the other parent from fulfilling his obligations and exercising parental rights, the issue must be resolved by the court with the involvement of the guardianship and guardianship authority, and the court decision must be enforced.
In the divorce process of spouses with children, the court often considers related issues, for example, what will be the order of his meetings, pastime and communication with the second parent.
Parents can resolve all these issues on their own, even before going to court, by preparing a written agreement (according to clause 1, article 24 of the RF IC). The court will consider the submitted document, examine it for compliance with the rights of the child, and, if it does not find violations, approve it with its decision. If the parents cannot reach an agreement, the issue of determining the place of residence of a small child will be decided by the court.
It must be admitted that in the vast majority of such cases, the infant remains to live with the mother - in view of the strong biological and psychological relationship between her and the child, however, depending on the circumstances, other options for resolving the dispute are possible. An experienced lawyer will help to make a forecast about the outcome of the trial.
According to Articles 80, 91 of the RF IC and Article 256 of the Labor Code of the Russian Federation, the parent who lives separately from the child - the father or mother - must pay alimony ...
They can be determined in the form of a constant, fixed amount or a percentage of the parent's salary (according to Articles 81-83 of the RF IC), however, depending on the circumstances, they can be increased or decreased by the court. The amount of maintenance payments for a spouse who provides care for a child under 3 years old is determined only in a fixed amount - either by the spouses independently or in court, depending on the financial situation of the spouses.
Let's summarize the topic discussed on the possibility of divorce between a husband and wife if they have a joint child under the age of 1 year, and the procedure for such a divorce procedure:
Divorce, if the family has a child under one year old, is not so simple. This process can be initiated by the spouses by mutual agreement, or by the spouse. In accordance with article 17 of the RF IC, a kind of restriction is formed for a spouse to file an application for divorce from a wife who is pregnant or who is raising a child who is under one year old. That is, if there is no consent of the spouse, then it is impossible to dissolve the marriage until the child is one year old.
If the spouse is pregnant or is raising a child up to a year old, the legislator points to the limited rights of the spouse. In fact, if the spouse does not agree with the divorce process, then the spouse will not be able to dissolve the marriage until the child is less than a year old.
Among other things, you need to draw your attention to the fact that until the child is three years old, the spouse will be required to pay alimony not only for his child. But also for the maintenance of the spouse, since she is on maternity leave and does not have the opportunity to earn money normally for her own maintenance.
Thus, you can see that in the case when the family has a child under one year old, rather stringent conditions are formed that relate to the dissolution of the marriage.
