Ekaterina Abakumova has helped Sphere Magazime understand the intricacies of divorce with minor children

The number of divorces in Russia is increasing year by year. Couples with minor children, who almost always complicate the divorce process, are also deciding to divorce.

“If spouses have common minor children, the marriage can only be dissolved in court, even if both spouses agree to the divorce. There are only a few cases where it is not necessary to go to court – when one of the spouses has been officially declared missing or incapacitated, or has been sentenced to more than three years’ imprisonment. This procedure – from filing a lawsuit to obtaining a divorce decree – takes about 2-3 months. After obtaining an extract from the court decision, each of the spouses will be able to get a certificate of dissolution of marriage in the registry office at the place of registration”, explained Ekaterina Abakumova, Maxima Legal`s Advocate for family matters, specially for Sphere Information legal media. 

Parents’ divorce does not affect the rights of minor children, they are preserved in full in respect of both parents. At the same time, from the age of 10 years, the court is obliged to know the opinion of the minor child on issues affecting his or her interests, but it is not decisive in making a decision. “For example, if in court a child wishes to live with one of the parents because thw or she allows to watch television or play on the computer games without restriction, the child’s opinion is not likely to be the deciding factor in the dispute. In any case the child’s opinion will be evaluated by the court along with other arguments and evidence of the parties”, explained Ekaterina.

In addition, the Advocate reminded that communication between a child and a parent living separately may be limited only by court order. “Also, after the divorce, the child retains the right to receive material support from both parents”, stressed Ekaterina.

The expert said that the fastest and easiest way to establish maintenance is to conclude a notarised maintenance agreement between parents, which will have the force of a writ of execution. This means that in the event of non-compliance with the agreement, the recipient of the alimony may not go to court, and immediately submit it to the bailiff for enforcement. If parents do not reach an agreement on the amount of maintenance or other conditions of financial support for their child, the parent with whom the child has been left living must go to court. He or she also has the right to apply for a court order in case of recovery of maintenance in proportion to the earnings of the payer, or with a statement of claim in case of recovery of maintenance in a fixed sum of money”.

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