How to get a divorce if there is a child?

Unfortunately, not all married couples manage to go all their lives hand in hand. Many of them eventually realize that they are not created for each other and resort to divorce. This rather unpleasant process is often complicated by many other factors: the presence of children, real estate, mortgages, etc. Today you will learn how to divorce if there is a child or a mortgage.

How to get divorced if there is a mortgage?

According to the legislation of the Russian Federation, the property acquired by spouses is a common property. In case of divorce, the property should be divided in half, in the absence of any other conditions in the marriage contract. However, real estate purchased in a mortgage can not be considered the personal property of the spouses until the debt is fully paid to the bank. The task is to determine who will pay the mortgage and how.

According to the agreement drawn up in the bank, the borrowing spouses are obliged to report on such vital changes: change of employment, relocation, marital status, etc. It is worth noting that it is unlikely that the bank will agree to split the debt between the spouses and pay it as two strangers.

The best option is early repayment of the debt for real estate. After payment, an apartment or a house can be sold and divided the proceeds. If this option is not suitable, then perhaps the bank will allow to expose the living space for sale. After the transaction, the money should also be divided in half. Most often, banks approve of such proposals.

A variant of re-registration of a mortgage for one of the spouses is possible, if the amount of its monthly income allows. Further payment is made in the usual way. At the same time, the second spouse has rights to real estate, regardless of the fact that it does not pay for it anymore. Of course, when you divorce such conditions rarely agree.

How to get a divorce if there is a child?

According to the law, if there are children in the marriage, then divorce in the registry office does not work, you should sue. If the spouses peacefully agreed on who the child will live with, then it is necessary to apply with a statement to the magistrate at the place of residence. In case of disagreement, concerning the divorce, they are sent to the local court of general jurisdiction.

Similarly, with the procedure for marriage, divorce gives the court a month to think, after which a meeting is appointed.

If the spouses peacefully resolved the family-wide issues concerning property and the child, then at the first session of the court the marriage is dissolved without any problems.

If the spouses can not reach a general consensus about the child, the district court will decide this issue on their own. The decision of the judges depends on many points: the material situation of the spouses, the conditions for the child, the physical and mental health of the parent, the child's desire to stay with the father or mother, etc. In addition, it is necessary to set such nuances:

Many people are interested in the question - how to get divorced if there is a child up to a year old? If the wife is pregnant or the child is not one year old, the spouse is not entitled to file for divorce without her consent. The claim will not be satisfied even if the child dies within the first year.

This law is adopted to protect women from feelings about divorce in such a critical period. If the spouse does not agree to divorce, then the application can not be considered in any body.

We hope that our article helped you to understand how to get divorced if there is a child and a mortgage.

In any case, before the divorce, consider the emotional state of the child. Try to protect him from stress due to the difficult situation between parents.