How to divorce his wife , if you have a child ?

How to divorce his wife , if you have a child ?
You will need:
  • statement of claim
  • passport
  • birth certificate
# 1

How to divorce his wife without her consent if there is a child?If the child is not yet a year old - in any way, even through the courts is not possible.The law protects a woman during this vulnerable period.If an older child, a divorce with his wife comes only through the courts.To this end, file a claim in court at the place of permanent residence of his wife;can be put in their place of residence, if it is justified by the fact that in another case to get to court is problematic.

# 2

well-formed claim accelerate divorce from his wife.Have a baby?Then it is best to sue for divorce and it to present its request and justification with whom the child will live and, consequently, to whom will be assigned responsibility for its content, as well as how to communicate with the child.By drawing up the statement of claim should be taken in good faith, that the meeting is not delayed because of its inaccuracies.His cap speci

fied plaintiff and the defendant with their contact details, and the statement must clearly justify the reason of impossibility of living together.

# 3

Before submitting a claim need to take care of the annex other documents.Without a receipt for payment of state tax claim will not be accepted.For this category of cases, it is fixed at 400 rubles;it is possible to pay via Sberbank terminal.Then require birth certificates of children, proof of salary of accounting (2-PIT, and a copy of employment record, certified by the employer) in order to determine the amount of support.If you put before the court the question of division of property, then you need to make and documents to it.Usually, the court requests originals, but it is not always convenient for the plaintiff, so you can make copies, and specifying the claim that the originals will be filed in the court session for verification.

# 4

So, the lawsuit was filed, but if the wife does not consented to the divorce, the court may set a three-month deadline for the reconciliation of the spouses, but it is entirely in his discretion.Also addressed the issue, with whom the child will live, and what is the amount of support.If the husband continues to insist on the impossibility of family life and to the court it is clear that marriage can not be saved, he announces divorce.The baby is usually left to the mother, but on the basis of each specific situation, the court may take into account the views of the child and leave him to his father.

# 5

After rendering its decision on divorce, the court sends it to the registrar and have it issues a certificate of dissolution of marriage.Thus, you can divorce his wife for about three or four months, but sometimes the process drags on for months, often on the property due.

# 6

Thus, if a man is going to divorce his wife, but in a family has a child up to 18 years - the court is inevitable.The most important thing - to competently make a claim, which asked the court to resolve questions about the joint property, further contact with the child and alimony.