Divorce during pregnancy of the wife: the nuances of the process

Not all people can live together all their lives. What attracted a partner in the beginning of a relationship, begins to irritate, there is depression and aggression. As a result, many families disintegrate, going through a rather unpleasant procedure of divorce proceedings. If both spouses have 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 considerably 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 to spouses to leave under the law?

Legal Aspect

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 have no 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 apply to the court. Even if the spouses have a child, but they solved all the issues amicably, the amount of alimony must necessarily be appointed 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 consider in more detail all the plots.

Divorce during pregnancy on the initiative of her husband

A spouse can initiate a divorce and file a suit with the court. 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 considering the case, the spouse will be asked if she wishes to part with her husband. If she changes her mind in the courtroom, 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, the spouse can not become the initiator of the divorce, while his second half is in an interesting position. Of course, he can file 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 to 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 at the initiative of his wife

If the spouse believes that it is better for her to bear the child 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. Her husband's consent is not required.

If the spouse is categorically against the divorce, then he 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 spouses a month to think, if he sees that the 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.

Required documents

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. Everything depends on the specific situation.

Payment of alimony after divorce

According to the law, a pregnant woman after divorce has the same rights as an ex-wife with a child. Accordingly, she must receive alimony from her husband throughout the 9 months and 18 years after the birth of the baby.

Nevertheless, very often the process of determining the amount that a former husband must pay to the former half is delayed. As a rule, after a divorce in the course of a wife's pregnancy, it takes up to 3 years until the court determines the solvency of the man. However, 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 charging alimony is delayed because 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 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 is to survive 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 specialists who will help to cope with the moral aspect of divorce.