How to get a divorce when one of the spouses is against marriage dissolution or when the spouses have minor children?

Marriage is a peculiar kind of voluntary agreement between a man and a woman resulting in occurrence of mutual rights and obligations.

According to statistics from the Ministry of Justice, in 2018, agencies of Civil Acts Registration Bureau registered about 229,000 marriages and 54,000 divorces. That is, 25% of registered marriages break up. In 2019, this amount increased to 40%.

Of course, in a situation where the spouses do not have children and they want to terminate the marriage by a common decision, you can simply submit an application to an agency of Civil Acts Registration Bureauregistry.

However, what to do when the husband or wife is against divorce or they have children who are under legal age?

Here is the answer to this question: you need to go to court with a properly executed statement of claim and its annexes.

Today we will talk about what to do in such situations and how to arrange a divorce if the second spouse disagrees or if there are minor children.

Related article: Our lawyers helped Clients to divorce within the shortest possible term

Why is it so important to file a lawsuit in a divorce through the court?

Because the level of protection of your rights directly depends on the correct execution of documents. Personal non-property and property rights. No one has the right to limit them, regardless of who goes to court.

The entire further process will depend on the effectiveness of this stage.

Important! The consent of the second spouse is not a condition for divorce. You can start the process of divorce even if only one of the spouses wants this.

When preparing a statement of claim, you can also prepare in parallel:

  • A lawsuit on the division of common property;
  • A lawsuit for child support payout.

With these issues, we advise you not to wait to long until the place of residence of the second spouse is known for sure, the property is not sold, etc., since after the dissolution of the marriage it is much more difficult to do, sometimes even impossible.

Related article: Our lawyers gave the client legal advice on the dissolution of the marriage and child support payments

What documents are needed to get a divorce?

The main documents that are needed are:

  • copies of passports and ID numbers of both spouse;
  • A copy of a marriage registration certificate;
  • A copy of the birth certificate of the child;
  • copies of documents on property.

In certain cases, this list may be longer, depending on the specific nuances of the case.

What does judicial practice say about divorce?

If there are children in the family who have not reached the legal age, then basically, when the marriage is dissolved, they stay with the mother. But there are exceptions - whenthe mom leads an antisocial way of life. In such cases, children stay with their father, but these are isolated situations.

You need to know that the spouse with whom the child stays has the right to most of the property in order to provide the child with normal living conditions.

Important! If one of the spouses during the marriage intentionally did not work and did provide for the family, the second spouse may require most of the property. But such data must be confirmed.

We can help with obtaining the necessary inquiries and information.

What are the risks of a divorce process?

For example, if the defendant intends to take the child, he/she can try to prove that he/she can create more comfortable conditions for the child. Or provide a certificate of income which is several times higher than that of the plaintiff. Therefore, it is important to build a strategy of litigation in advance if you want your child to stay with you.

After the divorce is finalized, the parent who is not living with the child has the right to submit an application to the guardianship authority in order to establish a mode of communication with the child. If you want to somehow limit this regime or influence it, you need to consult a lawyer.

The process of divorce has its own characteristics, but in general, with the correct execution of the package of documents and competent litigation, it is possible to get the result you need.

The process of divorce requires patience. A lawyer will be able to tell you how to act and legally support you in a difficult situation.

If you want to know more about the process of a marriage dissolution through the court, contact us!

Publication date: 21/11/2019

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