Divorce after the birth of a child: reasons, features of the procedure

Home » Divorce » Divorce with a small child under 1 year old in Russia

The birth of a child, unfortunately, does not always strengthen families, and spouses may desire to divorce even before the baby’s first birthday. There are many reasons for this, and they are not that important. What is important is how divorce fits into the norms of current legislation and how the legal status of former family members will change if it is carried out.

Is it possible to get a divorce when the child is under 1 year old: features, restrictions

The legislation of the Russian Federation protects the rights and interests of children and their mothers, creating conditions for their upbringing in a complete family, but does not force parents to live in marriage until they reach adulthood. The restriction on divorce applies only for one year after the birth of the child and before that, during the mother’s pregnancy.

An absolute prohibition can only be called in relation to the father. In accordance with Art. 17 of the Family Code of the Russian Federation, a husband cannot initiate a divorce until his pregnant wife gives birth, and 12 months after that.

This provision is also relevant in cases where the biological father of the child is a completely different person. Even if this is officially established, and the paternity of the legal spouse is challenged in court, he will be able to file for divorce against the wishes of his wife only after the expiration of the established period.

The situation changes dramatically if the desire to end the marriage is mutual or comes from the woman. A pregnant spouse has the right to file for divorce at any time, regardless of the age of the child.

Such “inequality” is explained by the vulnerable mental and, possibly, physical state of the baby’s mother. Indeed, in connection with the performance of responsibilities for caring for a young child, she is most often deprived of the opportunity to independently satisfy her basic needs and temporarily acquires the status of disabled.

In addition to the material aspect, the legislation also takes into account the moral one: the psycho-emotional state of a woman in the first months of motherhood is characterized by extreme instability. Therefore, in order to avoid the risk of a traumatic situation to preserve the health of her and the newborn, the demands for divorce at the request of the husband are satisfied with some delay.

Before a child born in marriage reaches 1 year of age, divorce is possible only if:

the wife will declare this;
The spouses made a joint decision to divorce.

Can a husband file for divorce if the child is under one year old?

An important condition for ending a marriage is the consent of the wife.

Article 17 of the RF IC establishes the following restrictions for a husband on divorce without the consent of his wife:

divorce during the wife's pregnancy;
divorce within a year after the birth of a child.

These restrictions apply both to cases where the child is under 1 year of age, and to cases where the child was stillborn or died during the first year of life. This position is confirmed by judicial practice and clarifications of higher courts. A husband can divorce without his wife’s consent if there is a child under 1 year old only if he can challenge his paternity in relation to him.

Before filing a claim for divorce, you need to file a claim to challenge paternity, and apply for divorce with a court decision that has entered into legal force in your hands.

Important! Establishing paternity and genetic testing often takes up to six months. By the time the issue of paternity is resolved, the one-year period from the birth of the child may already have expired, but the confirmed fact that the man is not involved in paternity will significantly simplify the divorce procedure.

How to file for divorce with a small child

When formalizing the separation of marital relations, parents of a minor must remember the need to resolve a number of other issues relating to joint property and, of course, a common child.

Preparatory stage

Before filing for divorce, parents of a common child are advised to agree on the following points:

Place of residence of the child. In infancy, he will be better off with his mother (except in special cases).
Procedure for communicating with a parent living separately. It is important for a child to see and spend time with both parents, and this need must be taken into account at any age, unless communication with one of the parents violates the interests of the minor.
The amount and frequency of maintenance paid by the separated spouse. Alimony and other additional payments should not be below the minimum established by law.
Division of jointly acquired property. According to the law (unless otherwise provided by the marriage contract), each spouse is entitled to exactly half of all material assets acquired during marriage. And they have the right not to divide each object in half, but to agree on their distribution according to the cost and size of their actual investments.

Agreement on the first two issues listed above can be oral. But this option should be resorted to only with an exceptional level of trust between the former spouses. In other cases, it is better to state the agreement in writing and, for greater reliability, have it certified by a notary.

The agreement on determining the place of residence and the order of communication with the child can be certified at will. And the agreement on the amount of alimony, as well as on the division of property, must be drawn up by a notary.

If the spouses fail to reach a consensus on key points of distribution of parental responsibilities and joint property, controversial issues will be resolved forcibly - through judicial proceedings.

Demands for division of property, collection of alimony, determination of the child's permanent residence and schedule of communication with the other parent can be included in the divorce claim and considered in one case. Or they can apply separately, after the divorce.

Where to contact

The authority competent to divorce a child under one year old is selected based on the characteristics of the specific situation:

Spouses who do not combine a claim for divorce with claims of a property nature (except for claims worth more than 50 thousand rubles) and disputes about children turn to a magistrate.
The order to collect alimony or the decision to pay monthly maintenance in a fixed amount is also made by the magistrate.
A divorce involving the consideration of a dispute about determining the place of residence of a child and/or the order of his communication with a parent living separately is carried out in a district court.
The division of jointly acquired property within the framework of divorce proceedings (or separately from it) is forcibly carried out by the district court.
Divorce of a marriage at the initiative of the wife of an incapacitated person, a missing person, or a person sentenced to imprisonment for up to three years for committing a crime, is carried out upon her application to the registry office, regardless of the consent of the husband, the number and age of joint children.

In addition to the correct choice of the body authorized to resolve the issue, it is important to determine the territorial jurisdiction of the case.

Typically, a statement of claim is filed at the place of residence of the defendant (the person towards whom the plaintiff’s demands are directed). But in this case, the divorce may be subject to the jurisdiction of the court at the place of residence of the wife, who acts as a plaintiff in the case.

According to paragraph 4 of Art. 29 of the Civil Procedure Code of the Russian Federation, the plaintiff has the right to choose territorial jurisdiction at his own discretion (between the judicial authorities at the place of residence of the plaintiff and defendant) if he has a minor child with him. And most often the mother of a newborn makes her choice in favor of the nearest magistrate or district court.

As for the extrajudicial divorce procedure, the registry office department at the place of residence of one of the spouses or at the place of registration of the relationship is authorized to dissolve the marriage and register this event. And since only the wife can be the applicant, the right to choose belongs exclusively to her.

Procedure

Further actions of the spouse(s) will depend on the place of application for divorce.

In a court

Even if there is a mutual desire to end the marital relationship, one person must file for divorce. And it will be the wife, since the husband is temporarily limited by law in this right.

The plaintiff is required to do the following:

Select an authorized judicial body (the determination of jurisdiction is described above).
File a claim.
Prepare documents.
Pay the state fee.
Submit papers to court.
Appear at the hearing on the day and time appointed by the judge (this is not necessary - you can send a request to consider the case in your absence or take part in the proceedings in absentia, transferring part of your powers to a representative)
Receive an extract from the court decision.
Visit the registry office and declare the need to register a divorce.
Pay the state fee.
Obtain a divorce certificate.

Points 8–9 are carried out by each of the spouses, and responsibility for them can be transferred by them to voluntary representatives on the basis of written authority (power of attorney).

Also, former spouses have the right to submit an application to register a divorce through the State Services portal. But this will not save them from the need for a personal visit to the authority. And since there is no need to wait to receive the certificate (it is issued on the day of application), there is little point in sending a separate electronic request.

At the registry office

If the divorce occurs unilaterally, at the request of the spouse of a person serving a prison term, incompetent or declared missing, she does not need to go to court.

The applicant's actions will be as follows:

Preparation of necessary documents.
Visit to the civil registry office.
Writing an application for divorce.
Submitting an application and documents for verification to an authorized employee of the department.
Receive details and pay state duty.
Submitting the receipt to the registry office for reconciliation.
Repeated visit to the place of application on the day appointed by the authorized employee.
Participation in the procedure for registering a divorce (confirming your intentions, signing papers, etc.).
Obtaining a divorce certificate.

In this case, an application for divorce can be submitted through the Unified Portal of State Services. This will allow you to avoid visiting the civil registry office twice - the spouse will need to come only after the established period has expired to complete the registration and receive a confirming certificate.

Documentation

The items in the mandatory list of papers are determined depending on where the divorce will take place.

Statement of claim

The form and content of the claim are approved by Art. 131 of the Civil Procedure Code of the Russian Federation. It should include four building blocks with the following information:

Introductory. Contains information about the plaintiff, defendant and judicial authority - full name, address, name.
Descriptive. It must indicate the date of conclusion, the reasons for the divorce (if the divorce is not by mutual consent), the date of birth of the child under one year old, the age and number of other common children (if any), the reasons for the spouse’s refusal (if he is against), and other circumstances, on which the plaintiff will base his claims.
Pleading. Displays the meaning of filing an application - claims. There may be several of them: divorce, collection of alimony or assigning it in a fixed amount, division of property, determination of the place of residence and the procedure for communicating with the child. The validity of your position should be confirmed by excerpts from legislative acts.
Applications. Here you will need to list all the documents and evidentiary materials with which the plaintiff argues his claims.

The application must be signed by the plaintiff. Failure to comply with this rule will result in the judge refusing to accept it.

Sample

Application to the registry office

According to Art. 34 Federal Law “On Acts of Civil Status” No. 143-FZ, the application for divorce submitted to the registry office by one of the spouses must include the following information:

Full name, place, date of birth, place of residence, citizenship of the applicant and his spouse;
grounds for unilateral appeal (recognition of the husband as incompetent, missing or sentenced to imprisonment);
details of the marriage registration record;
the applicant’s passport details and the surname he chooses after the divorce;
the place of residence of the property manager of the missing person, the guardian of the incapacitated person, or the address of the institution where he is serving his sentence, sentenced to imprisonment for three or more years.

The application at the end is certified by the personal signature of the spouse.

Sample

Price

Official expenses that spouses will incur upon divorce include payment of state fees:

For filing a claim in court - 600 rubles;
For state registration with the civil registry office - 650 rubles.

The named amounts are established by Ch. 25.3 of the Tax Code of the Russian Federation and are not subject to change up or down. In this case, the payment under paragraph 1 is made by the plaintiff, while state registration with the civil registry office is paid for by each of the spouses separately.

If the mother of a child under one year old applies to the registry office, bypassing the court (on the grounds stated above), she pays only 350 rubles.

Deadlines

The timing of the divorce process depends on the procedure and features of its implementation.

If the divorce is carried out through the court:

consideration - 35 days from the date of filing the claim in the magistrates' court and 60 in the district court (maximum);
entry into force of the decision - 30 days.

Unilateral divorce in the registry office: 1 month from the date of acceptance of the application.

In reality, the time frame for legal proceedings may be extended. This is due to possible suspensions, postponement of the date of consideration of the case and the need to execute letters rogatory. Plus, according to the law, the judge has the right to assign the parties a period for a truce - up to three months. And parents of a small child are at risk of delaying the procedure.

But, if the interested party doubts the legality of such delays, he has the right to file a private complaint or petition to speed up the proceedings.

Arbitrage practice

The mother of a young child (V. I. Eroshina) filed a lawsuit for divorce from R. D. Eroshin. She explained her decision by personal reasons, as well as her husband’s refusal of a voluntary divorce.

The judge set a hearing date and issued notices to the parties. However, the defendant (Eroshin R.D.) did not receive it and did not appear in the courtroom. The trial was postponed.

The plaintiff expressed doubt about her husband’s good faith, pointing out the fact that he evaded accepting the summons. She drew the judge's attention to the meaning of Art. 119 of the Code of Civil Procedure of the Russian Federation, which allows a hearing to be held without the defendant if there is reliable information about his absence from his last known place of residence. And confirmation of this fact was the return of the summons back to the court due to the expiration of the storage period at the post office.

Taking into account the circumstances and arguments of the plaintiff, the judge set a new date for the trial and, within the specified period, satisfied the stated demands - dissolved the marriage and determined the place of residence of the child with his mother.

Description of the procedure

Sometimes family life is not as rosy as it seemed at the marriage registration, 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 on 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. To shorten the time for making a decision and get rid of the additional deadline, it is necessary to indicate in the application itself that reconciliation with the husband is impossible.

When faced with the difficulties of family life after the birth of a child, family lawyers recommend waiting a while, because the emergence of new worries often destroys the usual way of life, leading to frequent quarrels and misunderstandings.

How to return your maiden name after divorce: what documents are needed?

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 may become involved in the divorce procedure. Their task is to ensure that the interests of a young child are respected and his rights are protected.

With the exception of this fact, the entire divorce process takes place in strict accordance with the general rules for termination of registration through the court.

Depending on the circumstances surrounding the separation of husband and wife, the place of filing the application is:

judicial district of the magistrate's court at the place of residence of the defendant or plaintiff (the application is submitted if there are no property disputes and the place of further residence of the child has been determined);
The district court, if the plaintiff intends to achieve a division of acquired property and claims to receive any property or division of family savings, also resolves disputes in determining the parent with whom the child will remain.

The only exception that allows divorce with division of property through a magistrate 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.

Step by Step Actions

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 child.

The basis for accepting the application will be:

mutual consent of the parties;
wife's wish.

Changed your mind about getting a divorce: how to withdraw your application from the court

The period for reflection and making a final decision is 30 days from the date of submission of the application. The judge, accepting the statement of claim, sets a date for the hearing in advance, inviting interested parties to the meeting.

The first thing you need to do if you intend to divorce with a newborn child is to properly compile 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 civil procedure legislation:

Indication of information about the parties to the process (plaintiff and defendant).
Information about common children (full name, date of birth, address of residence).
The reasons that served as the basis for the dissolution of family ties.

The document is accompanied by appendices that convincingly demonstrate the validity of the plaintiff’s appeal (personal documents of the parties, certificates of children, marriage certificates with the defendant, and, if available, a settlement agreement reached between the spouses regarding minors, a certificate of the child’s place of residence).

For divorce in court, a state fee of 600 rubles is established. The exact value of the payment is established in accordance with Art. 333.19 tax law.

The place of consideration of the case is the court (district or magistrate), determined taking into account Art. 23-24 Civil Procedure Code. According to Article 29 of the same legislative act, the plaintiff and her child have the right to go to court at their place of residence if the addresses of the defendant and his wife do not coincide.

After accepting the application, the judge sets a date for the hearing.

The step-by-step instructions include the following stages of the judicial procedure:

acceptance of a claim;
preparation for the trial at the preliminary hearing;
the main trial with the hearing of the parties and the presentation of evidence.
issuing a divorce decree.

Read more: Is it possible to get a divorce without a marriage certificate?

According to Article 66 of the RF IC, representatives of local guardianship may intervene in the divorce process. To confirm their position on the placement of the child, they present a housing inspection report, evidence of the child’s emotional state, and the presence of greater attachment to one of the spouses.

Financial support after divorce

When a wife decides to divorce her husband without waiting for 12 months, the law provides for her right to immediately apply for alimony for herself personally. 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 turns three years old, when the mother can go to work and have her own earned income.

A decision in favor of the spouse is made only if evidence is presented in court that the defendant’s solvency will allow him to make additional payments to his ex-wife. If alimony for a child is prescribed mainly in the form of a share of earnings, then alimony for a wife is exclusively in a fixed amount.

Difficulties

Difficulties in divorce proceedings mostly arise under the following circumstances:

The wife's ambivalent consent. Since filing for divorce within a year after the birth of a child is the prerogative of the wife, the husband is completely dependent on her consent. And it should be expressed not only in words. Irrefutable evidence of the relevant intention is only the filing of a claim in court. The husband must remember that the preliminary agreement in no way obliges the wife to file for divorce or abandon her claims. And this is practically the only insurmountable difficulty of the process.
Failure of a spouse to appear in court and counteract claims by other means. A defendant who does not want to reach a general agreement may resort to various kinds of tricks in order to delay the court hearing as much as possible, or go even further and create obstacles to the satisfaction of related demands (division of property, determination of the child’s place of residence, etc.). It can be difficult to provide decent resistance to “skillful” distortion of facts and deliberate delay of the legal process. But it is necessary to do so, and confidently defending your position with a competent presentation of “strong” arguments should help.
Unstable income of the spouse. A small child and a mother who is forced to spend most of her time caring for him have the right to count on a certain percentage of the income of the father (former spouse). But sometimes the allocated share is not enough to cover the child’s monthly minimum needs due to the father’s lack of a guaranteed stable income or his concealment of his real income. In such cases, during a divorce (or after it), the wife can sue her husband for alimony in a fixed amount (in the form of a fixed monthly payment).
Refusal to divorce the mother of someone else's child. We will not belittle the law in our prohibition - divorce at the request of the husband is impossible. And the fact of the presence or absence of a biological relationship between the legal spouse and the child does not change the situation. The only thing a man can do in such a situation is to wait for the expiration of the allotted period and start challenging paternity. The latter will relieve him of the obligation to provide alimony to his ex-wife and her child. In this case, the spouse will have to prove not only the discrepancy of genetic data, but also the fact that at the time of entering information about the father on the birth certificate, he did not know that the child was not his own.

Only a timely and competent response will help you successfully overcome emerging difficulties. Ill-considered actions, as well as ignoring the problem, significantly increase the risk of developing undesirable and sometimes irreparable consequences.

Who will the child stay with?

This global question is one of the first to arise between spouses. And it’s good if they manage to reach agreement on it. Otherwise, those divorcing will face a dispute that will be resolved by force in court.

When forming their position regarding the place of residence of a common child, spouses need to consider the following:

The rights of parents are absolutely equal and the mother does not have the exclusive right to live together with the child. But in the case of a newborn baby, the scale of justice tilts in her favor for obvious reasons.
When considering a dispute about determining the permanent place of residence of a minor, the judge first of all takes into account his rights and interests.
It is important for a parent who wants to keep a child to present to the court the advantages of his appointment and prove why the child will be better off with him.
A spouse living separately must know that he will be responsible for partial financial support for the child and the parent who will provide constant care for him.

Since the baby himself is not able to express his opinion regarding his future place of residence, the court, when making a decision, will be based on the following circumstances:

Physiological characteristics of a newborn - at such an early age he is highly dependent on his mother, and only her extremely dysfunctional behavior or complete indifference to parental responsibilities can prompt a judge to determine the baby’s place of residence with his father.
Living conditions of spouses. It is important for a child, especially such a small one, to create optimally comfortable conditions for life, health and development. And a parent who is unable to provide this to him should not count on living together.
Parents' health. Caring for a child requires great responsibility, moral and physical effort. Therefore, it is impossible for a newborn to remain with a parent who does not have sufficient resources for this.
Lifestyle of father and mother. Radical measures of education, extremely unconventional views on the family and immoral behavior will play in favor of a parent who is far from them. And we are talking here about deviations that threaten the health, moral and moral development of the child.

In other words, an infant under one year old, if the parents divorce by court decision, will remain with the mother, unless she expresses extreme disinterest in this or, due to poor health (physical and mental), is unable to properly care for the baby.

Divorce with a child under 1 year old: will judges grant a divorce?

Married couples with children under one year of age have the right to divorce in the following cases:

by mutual agreement;
by the decision of the wife.

According to Article 17 of the RF IC, the husband does not have the right to file for divorce until the baby reaches the age of one year.

Moreover, when couples with small children divorce, the mother is entitled to additional alimony to provide for her while on maternity leave.

Important! If the spouses were not officially registered, then only the minor child will receive payments. In this case, the mother has no right to rely on alimony from the father.

Divorce scheme for couples with children under one year old

Only women have the right to initiate divorce proceedings. To do this she needs:

Prepare a package of documents.
File a claim in the district or magistrate court.
Appear at the meeting and indicate your position.

The choice of judicial authority depends, first of all, on the existence of an agreement between the parties. If the couples have found a common language and resolved all the necessary issues on their own, then they should contact the magistrates’ court. If there is inconsistency regarding the division of property, the further place of residence of the baby and other important issues, the claim should be filed in a district or city court.

Rights and responsibilities of parents after divorce

Parental rights and responsibilities, unlike marital relations, do not cease after divorce. And every parent should take this into account, regardless of whether he lives with the child or not.

Rights and obligations of the parent with whom the child remains (by court decision or agreement of the parties):

Live with the child on a permanent basis at your place of residence or stay.
To provide the conditions necessary for the life, health and all-round development of the child.
Do not interfere with the child’s communication with the parent living separately and his relatives.*
Coordinate the time schedule of the ex-spouse and the child with him.
Promptly and upon request notify about important events or changes in the child’s life (moving, health status, employment schedule, etc.).

* - if this does not contradict the legal rights and interests of the minor.

Former spouses should remember that for concealing the location of a child against his will, failure to comply with the legally established procedure for communication with a parent living separately, as well as intentional and unjustified creation of obstacles to their meetings and planned events, they face administrative liability - a fine or administrative arrest.

Rights and responsibilities of a parent living separately:

To transfer funds monthly, in accordance with the procedure agreed upon or established by a judicial act, for the maintenance of the child (until he reaches the age of majority) and his mother (until the child reaches three years of age).
Participate in additional expenses for the child.
Fulfill parental responsibilities of a non-material nature (upbringing, development, communication).
Take the child to your place according to the approved schedule, if under current circumstances this does not objectively violate his interests (the child is not sick and reacts positively to such meetings).

The last point requires special attention and detailed discussion, since a small child can have a hard time withstanding even the slightest separation from his mother.

Therefore, when developing a communication schedule, it is important to focus on the interests of the baby, for example, seeing him in the presence of the mother. It is important here not to harm the baby’s psyche and, if possible, to postpone longer individual meetings.

Alimony

The spouse living separately from the child is obliged to support him and the former spouse caring for him.

Per child

Coming of age in Russia occurs when a child reaches 18 years of age. It is up to this age that the parent is responsible for his well-being and, in cases of separation, makes monthly payments in his favor - alimony.

The procedure for their payment and the amount can be determined by agreement of the spouses or in court. It is important to consider:

The minimum amount of contributions by law is 1/4 of the father’s income for one child, 1/3 for two and 1/2 for three.
When calculating alimony, the financial situation and capabilities of the payer are taken into account, as well as the presence of other minor children or other persons whom he is obliged to provide for.
If the ex-spouse’s earnings are unstable or he receives mostly unofficial income, the mother of his child has the right to file a claim for alimony in a fixed amount, which must be received from him every month.

Alimony paid in a fixed sum of money is subject to indexation - revision in connection with the increase in the cost of living (based on the writ of execution of the bailiff).

Also, monthly maintenance (regardless of the method of calculation) can be reduced even relative to the legal minimum if the payer’s life circumstances have changed, and for objective reasons he is not able to pay more.

What is the percentage deducted from?

According to Government Decree No. 841, alimony is calculated from the total amount:

wages;
salary accrued to state and municipal employees;
fees;
allowances, bonuses, rewards;
pensions (except for those issued for the loss of a breadwinner);
scholarships;
temporary disability and unemployment benefits;
monetary compensation paid in connection with dismissal;
income from business activities;
income from rental property;
dividends, payments on equity shares;
amounts of financial assistance;
compensation for harm caused to life and health;
amounts received under contracts for the performance of work and provision of services.

Additional expenses

The alimony payer may be forced through the court to contribute to additional expenses for children. The reasons for this are exceptional circumstances, such as a serious illness of the child, injury, the need to pay for outside care, etc.

If this clause is not specified in the agreement, the interested party has the right to go to court with demands for partial reimbursement of expenses already incurred and future.

By agreement or through court?

A correctly drawn up and executed agreement on the payment of alimony has the force of a writ of execution and, if the spouses have reached a unanimous opinion on this issue, they should settle on its voluntary settlement, namely:

Draw up as detailed an agreement as possible on the amount, procedure for paying monthly maintenance, its indexation and other points, taking into account the financial and marital status, as well as the list and nature of other obligations he bears.
State the text of the agreement in three copies - one for the ex-husband and wife, and one for the notary.
Go to the nearest notary office and confirm the written agreement with signatures.
Submit the papers for identification.

And only if the dispute between the spouses does not subside, the interested party has the right to file a lawsuit to collect alimony, review its amount and method of payment. Such claims may be filed separately with the magistrate or included in the petition for divorce.

For a spouse living with a child

In accordance with Art. 90 of the RF IC, the ex-wife has the right to receive alimony for three years from the date of the birth of their common child. By the principle of analogy (Article 5 of the RF IC), this provision is also relevant for ex-husbands, if they are the ones who perform child care responsibilities.

Financial support to the parent with whom the child remains after the divorce is paid from the former spouse, regardless of whether he took out parental leave or not. And it is possible to free yourself from this obligation only after challenging paternity or maternity.

The amount of alimony is determined individually in court, since it is calculated exclusively in a fixed amount of money. In this case, the judge takes into account the degree of need of the recipient and the level of income of the payer, trying to the maximum to satisfy the needs of each of them.

Cases regarding divorce in the presence of a small child are among the most problematic in legal practice. Legislative restrictions, complex related issues and the psychological tension of the moment aggravate an already unpleasant process. Making independent decisions in such conditions is extremely difficult and dangerous, because the fate of a newly born child may be at stake.

Before committing fateful actions, spouses are advised to seek legal assistance from specialists at ros-nasledstvo.ru. Here you can ask for free advice and receive consultation at any convenient time, virtually or by phone.

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