Divorce during pregnancy of the wife: the nuances of the process
Not all people can live together for life.What attracted a partner in the beginning of a relationship, begins to irritate, there is depression and aggression. As a result, many families break up, going through a rather unpleasant procedure of divorce proceedings. If both spouses have maintained respect for each other, then most often the divorce is carried out fairly quickly and without unnecessary proceedings. However, everyone knows that the matter is significantly complicated if the family has small children. And as for the divorce during pregnancy? How to act in this situation, through what judicial procedures it is necessary to pass spouses in order to part from the law?
According to the Family Code of the Russian Federation, divorce is carried out either in court or in the registry office in which the marriage was concluded. In the latter case, divorce is allowed in several situations:
- when both spouses want to part;
- if the husband and wife do not have children;
- when the spouses do not have to each other claims of a financial nature and do not need a forced division of property.
In all other cases, couples should contactcourt. Even if the spouses have a child, but they solved all issues amicably, the amount of alimony must necessarily be assigned in court. Divorce during pregnancy in this case is also no exception. After all, the child is already there, and the fact that he is not yet born does not change the situation.
Nevertheless, we will examine in more detail all the plots.
Divorce during pregnancy on the initiative of her husband
A spouse can initiate a divorce and filein the judicial authority the corresponding claim. However, in this case, it is necessary to obtain the consent of the wife. As soon as the couple comes to a common decision, they file applications and await the scheduled trial.
During the process of dealing with the case, the spousebe sure to ask if she wishes to part with her husband. If she changes her mind in the meeting room, then the divorce treatment during pregnancy will be suspended. In this case, the judge may refuse to reopen the case until the child is 12 months old.
Can a husband divorce his pregnant wife without her consent?
According to the law, a spouse can not become an initiatordivorce, while his second half is in an interesting position. Of course, he can submit an appropriate application, which the institution's employees are required to accept. However, at the first request of the wife or at the trial itself, he will certainly be refused. As soon as the spouse provides the court with irrefutable evidence of her pregnancy, a decision in 100% of cases will be taken in her favor.
This practice exists toto protect women in a difficult situation from additional nervous shocks. In addition, it is often the case that after the birth of the child, the husband changed his attitude and stayed with his half.
Divorce on the initiative of his wife
If the spouse thinks that it is better for her to bearchild away from her husband, then in this case the court will also meet the woman. The wife has the legal right to apply for divorce during pregnancy unilaterally. The husband's consent is not required.
If the husband is categorically against the divorce, thenhe can go to court and try to challenge his wife's claim, but the maximum period that is given to a couple to make a final decision is usually not more than 2-3 months. If the woman is in an interesting position and demands to terminate the marriage, then in 99% of cases the divorce during pregnancy on the initiative of the wife is carried out immediately.
In some cases, the judge decides to give the spousesa month for reflection if he sees that a woman wants to divorce under the influence of a nervous condition and hormonal failure. But if it was fixed the cruel treatment of a woman, or the spouse admitted that the child is from another person, then the divorce is carried out immediately.
To file for divorce during pregnancy (when both spouses agree), it is necessary to prepare a package of documents. In addition to the statement itself, you will need:
- copies of passports;
- certificate from the hospital, confirming the pregnancy;
- documents that were issued to spouses at the time of marriage registration;
- payment of state duty (about 700 rubles);
- certificates confirming the financial situation of the spouses.
If necessary, the court may request other documents. It all depends on the specific situation.
Payment of alimony after divorce
According to the law, a pregnant womanafter the divorce has the same rights as the ex-wife with the child. Accordingly, she must receive alimony from her husband throughout the 9 months and 18 years after the birth of the baby.
However, very often the process of determiningthe amount that the former husband must pay to the former half is delayed. As a rule, after a divorce during the pregnancy of the wife takes up to 3 years, until the court determines the solvency of the man. Nevertheless, this does not mean that the spouse will not have to pay the entire amount, starting from the day of the official dissolution of the marriage.
Most often the process of calculating alimonyis delayed due to the fact that husbands refuse to provide for ex-wives and unborn children. In this case, the most rational decision for a woman will be to file a petition for paternity in court. If it turns out that the former spouse really has to be the father of the child, then he will not have other arguments for refusing payments.
Men should take note of one important nuance.If the spouse simply divorces his wife by mutual consent (not by pregnancy), and within 300 days from the dissolution of the marriage a woman gives birth to a child, then the father will automatically be the ex-husband by the court. Accordingly, it can be imposed the same legal obligations (alimony). That is why lawyers do not recommend entering into an amorous relationship with their former partners after the divorce.
The most difficult thing in a divorce case issurvive it. It's hardest to cope with such a shock to a woman who is expecting a child. In this case, psychologists strongly recommend visiting not only lawyers, but also professionals who will help to cope with the moral aspect of divorce.