You will need
- - the statement of claim and copies according to the number of defendants and third parties;
- - a document confirming payment of state duty;
- - the documents confirming the circumstances on which the plaintiff bases its claims, copies of these documents for defendants and third parties, if the copies they do not exist;
- - calculation of the exacted or disputed monetary amount, signed by the claimant, his representative, with copies according to the number of defendants and third parties;
- - agreement on the place of residence of the minor child, about dealing with him, the amount and payment of maintenance for children.
First, the only way to get a divorce, when a child, through court only. So, if you took a firm decision to leave, then, first of all, you need to apply to the court at the place of residence of the defendant (i.e. your wife).
But we must remember that there are some situations in which the court either refuse to accept the divorce papers, or if it is already in production, it can stop. These include the wife's pregnancy at the time of the divorce, and the period during the year after childbirth. In this case, if the wife to divorce do not agree. If you have her consent, then no problems.
If there are no obstacles to divorce no, feel free to bring to the court at the place of residence of the statement of claim and the documents. It includes: a copy of the claim in accordance with the number of defendants and third parties; the receipt confirming payment of the state duty of 400 roubles from each of spouses; the documents confirming circumstances on which the plaintiff bases its claims. Also need copies of these documents to all defendants and third parties, the calculation of the exacted or disputed monetary amount, signed by the appellant and copies of it according to the number of defendants and third parties.
But the divorce process will not start immediately. For a start, the court will encourage both spouses 3 months for reconciliation of the parties. The time appointed for reconciliation may be reduced if the parties so request themselves, and they have justified reasons.
When it will go into production and start of the hearing, it will be necessary to resolve all issues relating to the child. You need to provide to the court an agreement on the place of residence of the minor child, to determine the order of communication with children, as well as to resolve issues related to the size and disbursement of child support. Another important issue is also the question of division of property.
Divorce, especially when a family has a child, was painful. And that is why at this time you need to be particularly correct and polite to each other, so that not to complicate relations.