Divorce during pregnancy: reasons, a decision on the initiative of a man, women, a psychologist's advice

Divorce during pregnancy is a responsible and decisive step. Let's learn in more detail what is needed for this process.

Content

Unfortunately, family conflicts often cause a divorce even during the period when a woman is waiting for a child. And according to statistics, such cases are by no means rare.

Divorce during pregnancy: Reasons

The reasons for the divorce during pregnancy can be different:

The betrayal of one of the spouses.
Frequent quarrels and scandals between husband and wife.
The inability of the couple to find compromises in crisis situations.
Passionate habits of one of the parties (alcoholism, drug addiction, aggressive behavior).

If the problems in the relations of the spouses occurred before, then the news of the upcoming replenishment can aggravate the already difficult situation. After all, both sides realize that the birth of a child will entail an even greater number of difficulties.

In this article, we will consider the main issues that arise when the marriage union is terminated in the period when the wife is pregnant.

Divorce during pregnancy: Is it possible to divorce a pregnant woman on her initiative?

Surprisingly, according to the statistics of the fair sex, even being in an “interesting position”, they apply for divorce more often than men.

Many ladies have tolerate the negative behavior of their husbands for years. However, having learned about pregnancy, the woman begins to seriously think about whether she should continue a difficult relationship. In the future mother, the instinct of self -preservation is included. After all, she is responsible not only for herself, but also for the life of her baby.

Important: according to the law, on the initiative of the pregnant wife, the termination of the marriage union is allowed.

Where should I go to the lady who wants to divorce? In the case when the spouse agrees to divorce, and minors are common childrenthe couple does not have a married couple - the divorce proceedings are carried out in the registry office. Since legally the future of the child is not recorded anywhere, the order of the divorce process in this case is simplified.

Documents that are necessary for the provision:

Marriage certificate.
A statement of divorce written in free form.
Passports.
A receipt confirming the payment of the state fee (the one who initiates the divorce should pay it).

The legislation provides for exceptional cases in which the spouse consent to divorce cannot be obtained in connection with the following circumstances:

Its incapacity.
Serving a prison term.
Unknown absence.
Recognition of him deceased, etc.

A woman then needs to provide relevant court conclusions with copies.

And in cases where his consent to divorce during pregnancy The noble does not give or the family has small children - it is possible to stop their marriage only in court.

You will need such documents:

Marriage certificate.
The passport.
If there are offspring - copies of certificates of their birth.
Application with his copy for the defendant.
Medical certificates confirming pregnancy (are not mandatory, but may be attached as an addition to the case).
Evidence of the impossibility of continuing a joint family life in the future.
The receipt of the payment of state duty (also pays for the initiator).

In the process of processing a divorce, the future mother has legal rights to demand financial obligations from the ex -spouse both in relation to their baby and in relation to herself. The norms of the Family Code establish that, upon termination of marriage, the man is obliged to pay alimony:

For a child after his birth.
For the former half for the period of her pregnancy and for three years from the date of birth, if she did not get married again during this time. And the right to receive alimony for a woman is retained, regardless of whether she needs such a monetary help.

The court may make a decision on the payment of alimony:

Simultaneously with the termination of the marriage - when an application for alimony was submitted with an application for divorce.
After the divorce - if, with mutual consent, the marriage to terminate between her husband and his wife did not reach an agreement on the alimony payment.

The payment of alimony is awarded from the moment of applying to the judicial authorities.

Starting the divorce process, it will be useful to find out the future mother about the following legal aspects:

The court decision on divorce is made in most cases within one month. However, if the court of reason for the divorce considers not reasoned enough, he has the right to increase the term of consideration of the circumstances of the case up to three months in order to give time to the divorce to think about everything completely and get a chance to save the family.
In cases where a meeting with the father of the future baby is threatened with the health of a woman, the court may make a decision on limiting and even a ban on the contacts of a man with his ex -wife, without receiving her consent.
During the divorce process, the party that submitted to it has the legal right to abandon its decision, and the application is withdrawn.

The spouses are officially considered divorced after the court decision entered into force, and the fact of a divorce in civil status bodies will be registered. Additionally, state registration of the divorce of the marriage is paid.
The pregnant woman after the divorce has the right to remain on the name of the ex -spouse, as well as give her the born baby.
In the column "Father" of the birth certificate, the mother has the right to indicate the data of her former half. At the same time, the man’s consent is absolutely not required for this.
Ignoring the husband of court hearings will not become an obstacle to divorce. No more than three meetings are required for such a solution.

Divorce during pregnancy on the initiative of her husband: is it possible?

All citizens of Russia are free in their family matters. Nobody has the right to force a person to marry with whom he does not want to live. However, at the same time, the family legislation of our country becomes protecting the interests of pregnant women and establishes temporary restrictions for their husbands initiating divorce.

So, the law does not allow a man to dissolve in unilaterally his marriage in the following circumstances:

During the pregnancy of his own spouse.
Less than one year since the birth of their child.

These norms are regulated by the Family Code of the Russian Federation, namely Article 17. At the same time, neither a separate residence of her husband and his wife, nor evidence about the absence of any marriage relations between them are not taken into account.

If the husband is filed with a lawsuit to divorce, and the court became known to the court that the wife is pregnant and does not agree to divorce, such a statement will not be considered. And if the hearing in this claim has already been scheduled, the court is issued a decision to terminate the proceedings in this case. Moreover, at any stage.

And even if a woman, being in marriage, became pregnant not from a legal spouse, a divorce without her consent is impossible anyway. The husband’s statement about the desire to terminate the union will be rejected by the court. In addition, according to the legislation, it is understood that the child is deducted during the joint living of the couple in case it was born earlier than 300 days from the official date of termination of the marriage. Paternity can be challenged only through the court with the passage of a genetic examination.

When the ex-husband is proved that he is not a father, the disputed entry in the birth of the child will be canceled, and he himself is exempted from any legal and financial obligations. However, it should be borne in mind that the alimony paid to a man is not compensated, and the debt available on them is not removed.

In those cases, if the desire to divorce is mutual, the application for divorce is submitted to the registry office. And in these circumstances, their union is terminated within 1 month. The fact of pregnancy is not taken into account. If, after the specified time, those who submitted for divorce do not come to the registry office, then their application is canceled automatically, and the marriage remains valid.

Important: the norm on divorce in the registry office is applicable only when there are no previously born common minor babies in marriage. And, in addition, spouses do not present property claims against each other. Otherwise, the divorce is carried out only through the courts.

The husband has the right to dissolve the marriage on his own initiative only with the consent of his pregnant half in several versions:

Her statements in writing.
Inscriptions on the corresponding statement of the spouse.
A joint statement of a married couple.

And if, having given initial consent, the pregnant woman changes his own decision and refuses him, the court terminates the consideration of this case.

As you can see, Russian family legislation not only defend the interests of the expectant mother and her child, but also gives the spouses the opportunity to think about everything well. After all, the expectation of a child is often a serious test for future parents. And the deferment provided for by law on the implementation of a divorce on the initiative of the father often helps to prevent the final rupture of marriage relations and makes it possible for the future citizen of the country to be born and educated in a full family.

Divorce during pregnancy: Psychologist's advice

Before deciding on divorce during pregnancy, a woman should be well aware of the consequences of this step. It is no secret that during the expectation of the baby, the mother’s body undergoes a number of hormonal changes, which also affect her psyche. The future mommy is subject to sharp mood swings and reacts much more acutely to those little things that have not previously paid attention to. It is possible that subsequently she can bitterly regret the decision made.

However, it happens that future parents are spouses only formally. They simply do not see another way out of the current dead end situation, except for divorce.
And if there is a chance that in the future both the mother and the baby can suffer from the behavior of the father, it is obvious that the divorce is the only right decision.
Of course, a pregnant wife is overcome by a huge amount of unrest and fears. It is very difficult to make the right decision in such a period.
But always remember that a prosperous pregnancy is quite compatible with a divorce. You just need to make some efforts.

Tips for experienced psychologists will help you to cope with this situation and find the right way out:

Keep in mind that the divorce proceedings are always associated with stress and strong negative emotions. And in your position you can’t get nervous. Think about whether it is worth starting these activities now, when you are waiting for the baby and you need to try to avoid unnecessary experiences.
Do not engage in self -digging and finding the reasons why the relationship did not work out, who is to blame for this and how it was necessary to do. Leave all these torment. For you now, the main thing is your health and child. You will make plans about your former and future partners later.
Think that you made the right decision, and you did not have the opportunity to save a marriage. You are responsible for a new life, so reject unnecessary doubts.
Let your loved ones surround you as much as possible with care and protection. Forget the former disagreements with relatives and friends. Now you really need support on their part.
In no case do not need to close in yourself. Communicate with people. Nice interlocutors can be found both on social networks and thematic forums.
Remember that the decision to divorce was made for the benefit of the unborn child. Therefore, for his benefit, avoid quarrels and clarification of relations with the ex -spouse, as well as dull and sad thoughts - that is, all that negatively affects the well -being of an unborn man.
Teach yourself to ensure that the mobile phone is always with you just in case. If you live alone, give one set of keys to relatives or those people you trust.
Try to find yourself some kind of lesson that can captivate you, a new hobby. Do not let yourself be bored!
Stop meeting with your ex -spouse if they make you nervous and worry.
Plan your leisure time for a week in advance. Visit exhibitions, performances, cinemas and even circus performances. A charge of positive emotions is guaranteed to you! Take this opportunity until the troubles about the newborn completely absorbed you.
Sign up for training courses for childbirth. There you will not only be taught proper breathing and physical exercises for pregnant women, but also provide psychological support.
Try to maintain your dignity, even in such a difficult situation. Your child should not become the subject of bargaining or the way of revenge to the ex -husband. No matter how painful you are, refrain from actions, for which it will be ashamed later.
Draw up to the study of information about the upcoming birth and the care of the newborn. Very soon you can hardly be found for this. Therefore, you need to study everything now in order to be ready for everything.
In the case when depression overcomes you, and you are not able to cope with it yourself, you should turn to a psychologist for help.

Each person makes the decision to terminate marital relations on his own. But taking a consciously such a serious step, the spouses need to remember that they choose not only their future, but also the future of their child.