Divorce with two children is a complex procedure, from a moral, ethical, and material point of view. It is still necessary to survive it if the relationship has reached a dead end or it has become unbearable to be in a room with a constantly drunk, obscenely expressing his thoughts with physical violence towards those around him. Divorce with two children is an unpleasant process, but a mother needs to think about whether, perhaps, this is how she saves her life, health, and psyche. If a couple separates due to the outbreak of another love, then there is nothing to worry about. We should be glad that now there is no need to hide it or it has become clear what this fragile marriage really is, when the husband rushes to another woman. In any case, you have to calmly think about everything and prepare for the legal procedure.
What laws regulate family problems?
The Family Code in Article 19, paragraph 2 explains how to go through a divorce with two children in the registry office. To do this it is necessary to prove or admit:
- in court, missing husband or wife, being in an unknown place for more than a year;
- incapacity of the second parent with a medical certificate and judicial approval;
- imprisonment for three years based on a copy of the verdict.
The RF IC chapter 4, section 2 is devoted to the problem of divorce with two children and the general procedure for terminating marital relations. Other provisions from the legislative framework:
- the rules for filing a statement of claim with attachments are specified in the Code of Civil Procedure of the Russian Federation, articles 131, 132;
- the amounts of state duties and how to calculate them are disclosed by the Tax Code of the Russian Federation in Article 333.26;
- The procedure for carrying out procedures in the registry office is described by Federal Law No. 143.
The laws clearly explain every moment when family relationships are broken, how to formalize them in the legal field, taking into account the interests of all parties. Including if a woman is left with two children after a divorce.
When is a divorce in a family with two children carried out in the registry office?
According to clause 2. Art. 19 of the RF IC, the divorce procedure can be carried out through the civil registry office without obtaining the permission of the second spouse in exceptional cases:
- one of the parents has gone missing, which is confirmed by the court, if he has been absent for more than 1 year;
- lost his legal capacity (when submitting an application to the registry office, you must provide a copy of the court decision on incapacity);
- received a prison sentence of up to 3 years (provide a copy of the court verdict).
After submitting the application, the marriage union is dissolved within 1 month. The divorce will be declared invalid and will go to court if the missing person returns or is released.
Without the permission of the wife, the husband will not be able to obtain a divorce if the wife is pregnant or the family has a common child under the age of 1 year (Article 17 of the RF IC).
Where to begin
Any legal proceeding begins with the filing of a claim. Since children were born in the marriage, it is impossible to resolve the conflict without court. We will have to determine:
- children's places of residence;
- division of jointly acquired property;
- alimony for the maintenance of minor citizens;
- time and duration of meetings.
Even when parents try to reach a mutual agreement in a peaceful manner, there are usually many controversial issues and no consensus is reached. Such problems are under the jurisdiction of magistrates' courts, and a marriage can be dissolved unilaterally. The district court has jurisdiction to consider disputes regarding the residence of children. No one forbids parents to peacefully agree on everything and distribute property, but the court must confirm with an official decision that the divorce from two minor children was carried out in accordance with their interests.
How to divide property during a divorce, are there any nuances?
Divorce with two or more minor children always involves a number of nuances. And special attention should be paid to the division of property. A husband and wife can only share the part that is common to them.
If there are small children, the court has the right to deviate from the principles of equality and allocate a larger share to the parent who will become their guardian.
Also, when dividing property, the fact of using maternity capital provided by the state for the second child is taken into account. According to the law, all minors, without exception, have the right of ownership to part of the property. The presence of mortgages and other loans is also taken into account.
Marital dissolution scheme
Determining jurisdiction is always difficult for citizens who are far from judicial proceedings and legal topics. This is just a determination - where to submit an application, who to contact, so that the authority has the authority to participate in the process. For family issues that do not cause disputes, a claim is filed with a magistrate. The district legal authority deals with problems. Divorce requirements and conditions are established by the RF IC in Articles 21-23. The judicial procedure consists of the following stages:
- preparatory process - the spouses file a lawsuit, file an application for divorce with two children;
- receive a summons at the address;
- participate in legal proceedings;
- wait 3 months - time is given for reconciliation;
- come to the next meeting;
- listen to the verdict;
- receive a decision on the entry into force of the court verdict.
Either party has the right to appeal the court's decision. If you agree with the procedure for the proceedings, taking into account the time spent on a peaceful settlement, the process will take at least six months. After a divorce with two children, the problems are just beginning; they have to be raised as worthy people. A married couple breaks up, parental responsibilities remain until the offspring comes of age.
Stages of divorce proceedings with children
Divorce of parents and children in the absence of disputes is carried out by a magistrate. More serious court cases regarding alimony and establishing the place of residence of children are transferred to the district court. The conditions for a divorce through the court are disclosed in Art. 21, 22, 23 RF IC.
The procedure can be broken down into the following steps.
| Preparing a claim | Negotiations between spouses, determining the fate of children, drawing up an agreement on children, collecting documents, preparing and filing a statement of claim. |
| Receiving a summons | Consideration of the application in court, setting a hearing date. 10-15 days after filing the claim, the spouses are sent a summons indicating the time and place of the hearing. If the summons has not arrived, you must call or contact the court to clarify the date. |
| Participation in meetings | Hearings during the trial are scheduled 1 month after the filing of the claim. The court asks the spouses questions about the reasons for the divorce, about who the children stay with, and resolves disputes about the fate of minors. The marriage is dissolved no earlier than 30 days after filing the application. The case may be considered in the absence of one of the parties. For this purpose, a petition is prepared. In addition, spouses may file objections in the form of a declaration or written acknowledgment of claims. |
| Scheduling Additional Hearings | Sometimes the judge gives the spouses an additional three months to reconcile. In addition, the case may be delayed if the court issues a request for documents. Additional hearings may be scheduled to determine who the children will live with. In this case, the court takes into account the opinion of a child who has reached the age of 10 years. |
| Entry of the court decision into force | The court decision comes into force exactly 1 month after its adoption. The spouses receive a written court decision, and then, based on it, a certificate of divorce at the registry office. |
Through the court, the marriage is annulled within 2 months or more. If the other party disagrees, the process can last up to 6 months. Including if one of the spouses files a complaint against the court decision.
The following demands are submitted along with the statement of claim:
- on the collection of alimony payments;
- on establishing the place of residence of children;
- about participation in their upbringing.
Lawyers advise submitting demands separately so that the decision-making procedure does not drag on for several months.
Characteristic features of each stage
Each item from the divorce scheme has its own characteristics.
To fill out the application you must:
- talk to each other;
- determine where and with whom the children will live;
- draw up an agreement on the procedure for child support;
- collect documentary attachments to the application.
Before receiving a notice to appear at a court hearing:
- the authority is considering the problem specified in the petition;
- assigns a date for consideration of the issue;
- sends a summons to both spouses, which reflects the time and place of the trial.
Divorce of a marriage with two children takes place:
- with the participation of the parties at the meeting;
- schedule hearings one month after the claim is received by the office;
- in court, the spouses will have to answer questions about the reasons for the dissolution of family ties;
- prove why children would be better off living with one parent;
- resolve the issue of the place of residence of minor family members.
The consideration of the case can be carried out in the presence of only one party on the basis of a submitted petition. During the process, spouses are allowed to submit written objections or recognition of the requirements.
Divorce procedure for spouses with two minor children
To begin the divorce process, one of the spouses (or both parties) files a statement of claim and collects a package of documents. The claim is filed at the place of registration of the defendant. But the plaintiff, with whom minor children live, has the right to submit an application at his place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation).
If there are no reasons allowing for a unilateral divorce through the registry office, the marriage with children is dissolved through the magistrate's court. If the former spouses cannot agree on the choice of the future place of residence of the children, then the case is transferred to the district court.
Divorce by mutual consent is formalized without clarification of additional circumstances. Parents have the right to express their wishes in court or formalize an agreement for the children. When a divorce is carried out without the consent of the parties, the court often sets a 3-month period for reconciliation.
Documentary support
Divorce proceedings in court will begin if, in addition to the application, documents confirming various legal facts are attached. These include:
- spouses' passports in original and copies;
- children's birth certificates;
- marriage certificate;
- extracts from housing and communal services, from the local administration about the actual residence of children;
- certificate of payment of state duty.
In the application, in the “appendices” section, each submitted paper is rewritten.
Who will pay for the maintenance
During a divorce with two children, different advice comes from people who have experienced such a situation, but it is better to take the help of a qualified lawyer. The specialist knows all the legal provisions that can be referred to in each individual case. At the court hearing where the issue of divorce is considered, it is necessary to decide on alimony. This is specified in a separate requirement. The money goes to the one who will be involved in direct education. The judge will rule on the amount of maintenance to be awarded. For 2 children, 33% of all earnings will be withheld. Parents can agree on a fixed amount that the father can transfer once a month to pay for education or a club.
Procedure and procedure
The initiator of a divorce must first prepare all the necessary papers and also contact an experienced lawyer for help. The more controversial issues a husband and wife have, the more carefully they need to prepare.
During the divorce process, issues such as the place of residence of minors, alimony, and division of property are resolved.
Before a couple divorces with two children, all these issues need to be discussed. If mutual agreement is not reached, the court's decision will have to be followed. The procedure for divorce through court consists of several stages:
- preparation of documents and statements of claim;
- going to court;
- attending a court hearing.
It is very important to correctly determine jurisdiction. So, you can get a divorce in the magistrate’s court if the couple does not have any property disputes. If you need to divide property, you will have to go to the district or city court.
Additional meetings
The judge may decide to give the couple time to reconcile. When a divorce from a husband with two children is postponed for 3 months, they must come to a consensus:
- continue or dissolve the marriage;
- who will raise the children?
The court takes into account children's wishes and great attachment to one of the parents, financial status and living conditions. The judge announces the verdict, which will come into force after 30 days. During this time, you can submit rebuttals with your individual requirements. Everything will be considered in court and satisfied if there is no harm to the children's interests. After a divorce with two children, parents receive a decree. The document serves as the basis for the registry office to obtain a certificate confirming the divorce.
Conditions for divorce if there are two children: registry office or court
According to Art. 18 of the RF IC, divorce is carried out in two ways - in the registry office or in court. Both of these methods have corresponding nuances.
If you have young children, divorce through the registry office is possible only in exceptional cases.
The law includes such cases:
- recognition of the second spouse as missing;
- his stay in prison (the term of imprisonment must be at least 2 years);
- the spouse is incapacitated.
Then the divorce of two children occurs unilaterally. It is enough to submit an application to the registry office and provide additional documents. In other cases, spouses need to divorce in court.
How to deal with an obligation to a bank
Lawyers give a lot of advice about the procedure for participating in trials, in what shares property is divided, and what to do with common debts if there is a divorce with two children and a mortgage? Typically, lending occurs with the participation of a co-borrower, who is a husband or wife, depending on who the mortgage was issued to. Ideally, citizens negotiate in advance the fate of the loan and obligations under it in the event of family breakdown. In practice, when a happy couple buys an apartment, they don’t even think about the possibility of such dark days. It is recommended that all controversial issues be resolved before litigation. They are long-lasting, which can cause:
- loan debt;
- penalties and interest;
- seizure of collateral property;
- sale of real estate to fully repay the mortgage.
To avoid unpleasant circumstances, you need to resolve the financial conflict situation in a timely manner.
Options for implementing plans
How to decide on a divorce with two children if you have so many problems on your shoulders? You need to convince yourself that no one is interested in them anymore, from now on you will have to get used to solving them as they come and unilaterally. When a family breaks up, but debts remain, one of the methods is used:
- distribute credit responsibilities for the entire period of validity;
- transfer payments to one of the parties along with the right to own the apartment;
- negotiate with the bank to sell the mortgaged property to pay off the debt;
- They pay off the mortgage, sell the property, and divide the money.
All methods require the spouses to have available funds. Money is not always available, since the family was constantly in debt thanks to the mortgage. Sharing payment responsibilities is inconvenient for the bank; lenders prefer to have one payer, and co-borrowers serve as a kind of insurance in case of bankruptcy of the main client. A mortgage is issued with the condition that the apartment will be pledged to the bank until full settlement with it. This means the owner cannot independently dispose of the property. If there are no other options, the lender will sell its collateral so as not to lose its own funds.
Who do small children stay with after divorce?
Spouses must decide with whom the children will live after the divorce. To do this, an agreement on children is drawn up with notarization (Article 23 of the RF IC). A document is drawn up for each child under 18 years of age. The agreement specifies the place of residence of the children, the obligations of each parent, and the procedure for communication.
Courts most often leave children with their mother, especially young ones, whose opinion is not yet taken into account. But the father has every chance to sue the children from his wife who does not fulfill her parental responsibilities. The court will leave the children with the father if the mother has an alcohol or drug addiction, suffers from mental disorders, causes harm to the physical and mental development of the child, cannot support him, etc. In this case, the spouse will have to provide evidence to the court.
If a dispute arises between spouses about who the children will live with, it is necessary to involve the guardianship authorities in the proceedings. Guardianship specialists will check the living conditions, draw up a report and confirm in court that the apartment is suitable for living with a child. Therefore, before filing a lawsuit, it is necessary to resolve the issue of housing and employment.
How to separate children
Families are different, differ in their relationships and behavior of each member. The usual practice of children staying with their mother is gradually changing. Parents can divide the children among themselves, then no one needs to pay child support and the financial burden will be reduced. Former spouses consider the child's preference for one of them. Only if the former spouses do not agree does the court intervene. There are examples: the judge decides that the mother is unworthy to raise her descendants; the father is in charge of their fate.
For what reasons does the court choose one of the parties?
Despite judicial practice in the preference for children to live with their parents, no one takes away his rights from the father. The Family Code has established equal status and obligations between them, so a man can file a lawsuit and sue the kids. To do this, you must provide evidence:
- addiction to alcohol and drugs;
- inappropriate care;
- neglect of medical care;
- physical violence;
- malicious evasion of maternal responsibilities.
If the facts are confirmed by witness testimony and administrative penalties based on the above examples, the court will satisfy the father’s claim.
How to introduce children to family changes
In any case, it is a stressful situation for a child when mom or dad are not around. If there were no fights or scandals before his eyes, if there was no opportunity to take someone’s side, he loves both equally. Teenagers usually have an aggressive attitude towards divorce; they do not understand why adults cannot reconcile. Psychologists advise gradually preparing children for the idea: now they will have to live separately.
Only unreasonable mothers try to tarnish the image of the father and pour negativity on the fragile psyche of the child. All parties will benefit if education is carried out jointly, in concert, and financial problems are resolved in a timely manner. In no case should you take your attitude towards your ex-husband out on your son or daughter because of their blood relationship. The child will have a desire to stay at home less. Evil tends to return. There are so many examples when not only marriage relationships fall apart, but also mutual understanding with a teenager. In the soul of an adult, there will forever be a bloody mark from the divorce of his parents.
