Divorce is unpleasant and most often painful.procedure. Especially in this situation, children suffer. Adults or still little kids - they are equally hard going through the separation of parents. A little man is very difficult to explain that his guilt is not here. It happens that love passes. Or one of the parents becomes unbearable for the other. For children, mom and dad will forever remain ideals. With them, the child will always take an example. So it is worth keeping the “face” even when it’s very bad and cats are scratching their hearts.
When a divorce in children breaks not only the psyche(especially if the child has already reached puberty), but also an idea about the world in general and the institution of the family in particular. So, before making such a decision, it is worth thinking many times and weighing the pros and cons. If life with a former partner is more or less possible, then it is worth trying to align the relationship and reach some kind of compromise, if only for the sake of children. After all, they are not to blame for the fact that papa and mama are distant from each other and no longer speak “the same language”.
Today, most psychologistsadvises on family and marriage. A competent specialist can smooth out the conflict and establish bridges of communication between spouses. The only thing worth paying attention to is whether the psychologist himself was in a similar situation. After all, the easiest way to give advice from the outside. Recall that the best advice on parenting give those who do not have them.
Альтернативой является «хождение по бабкам».Wise women, fortune tellers and other clairvoyants act according to the same scenario - they are excellent psychologists. Quickly catch what he wants subconscious came to them, and say what the client wants to hear. If the method is effective and the marriage is saved, then it is only better for the family.
If it is impossible to continue life within the framework of an established union, the procedure for dissolution of marriage in the presence of minor children will be observed as follows.
When there are no children in marriage, or they grew up and liveindependent life, the divorce takes place through the registry office. In some cases (when dividing property, for example) through a court. Problems arise if there are minor children in the union.
При наличии в семье несовершеннолетних divorce occurs only through the courts. Even if the couple settled all the main points (alimony, division of property, accommodation of babies, meeting with them), divorce in the presence of minor children is made only in court. The latter is determined according to the location of the defendant. Suppose the defendant is from Samara, but lives in Volgograd. The statement of claim should be submitted to the global judicial sector of the city of Volgograd.
In the application for dissolution of marriage in the presence ofminor children (sample application is presented below), in addition to basic information (the date of marriage registration, the time when the household and the reasons for dissolution are not conducted together (often the reason is not indicated, it is simply stated that living together is not possible any longer)), the number of children is indicated . The main point is who the child is left with, how the visits with him, the amount or the agreement about the payment of alimony will take place.
The last very painful moment for bothparties. After all, if there is no agreement between the spouses before the court or an agreement is reached on the payment of alimony, the court will make its own decision.
The Family Code offers two forms of “children's money”: equity and in hard cash. What's the Difference? In the earnings of a parent who left the family.
If he has a steady, stable income, you can apply for equity. Depending on the number of children, the court will give an obligation to pay 1/4, 2/3 or 1/2 of official earnings.
Но если родитель с завидной периодичностью меняет place of work, has a gambling addiction, earns money in kind, foreign currency, does not want to work at all, or does it informally, is more profitable and more reliable - a fixed amount of child support. For what? In order to know: whatever happens to the material side of your former second half, it will have to make a mandatory payment.
In other words, if a divorce atthe presence of minor children occurs in court, where the court assigns the respondent monthly alimony in a solid financial amount, say 15,000 rubles, then “naked walk, chew crackers”, but give the child the last piece.
The next pressing question: the amount of alimony.If everything is clear with shares (size depends on earnings), here it is a little more complicated. And you want to “profit” and stay with nothing - the prospect is not happy. Life shows that the miser pays twice, which means you should not be greedy. If there is confidence that the “expelled” parent of stars from the sky is not enough, then you should not ask the court to appoint him payment of alimony in the amount of 50,000 rubles, when the maximum that he can earn is 20 kopecks, half of which, and then and more, will go to domestic needs.
Запрашивать нужно соразмерно, так, чтобы и do not offend the child, and the unfortunate parent of the world not to let. Otherwise, the dissolution of the marriage in the presence of minor children will be entirely under the control of the court. And the amount of alimony will mark the judge, according to their conclusions.
You must collect the following documents:
Then the court will invite a subpoena to the process, which will indicate the time, place and judge.
The divorce procedure itself isthe presence of minor children may be delayed if the respondent is not notified or the summons reaches him, but he decides not to appear in court. In addition, the Family Code gives the judge the right to appoint time for reconciliation to the spouses (from one to three months). But even if all the stages are completed, then after the judge makes the decision to dissolve the marriage, the parties will have another month to appeal. So if you suddenly want to get a divorce, it will not work out quickly. Terms of divorce in the presence of minor children can stretch from one to five months. Naturally, all this is considered in the framework of the union with minor children.
One way or another, divorce if there isminor children happen - it is only a matter of time. Even if one of the parties is very opposed, it will not be able to influence the outcome. The only correct option is to collect the will into a fist and go out with the least loss for yourself and your child.
If for some reason the decision of the court is not clear, then within five days you can request the reasoning part, which will describe in detail why the judge made this or that decision.
Divorce in the presence of minorschildren (a sample of the court decision below) does not always end in failure. It often happens that the spouse divorced, but continues to live in the same family, in the same territory as before.
Summarizing all of the above, we can saythat the divorce procedure is costly, not only materially, but also emotionally. The division of property may not be the best to show both partners, to reveal their true nature. So divorce should be with a cool head and self-esteem.
And it is better to try to avoid family breakdown. In the end, the child for his normal development, for the formation of the individual need a mom and dad next, and not separately!
