If the couple has young children, it is almost guaranteed that in order to finalize the divorce, they will be required to do it through the judicial system rather than through the registration office. This is why a lot of people doubt on when to leave a marriage with kids. And, almost for sure you will need the help of the divorce lawyer, and you can look up cost of divorce in Pennsylvania and consider whether this fits you or it will be the reason for waiting to divorce until child is 18 (just kidding!).
In addition, in order to ensure that everything runs well, you will need to collect evidence and clarify for the court what the outcomes will be for typical children. The process of getting a divorce through the courts may take a little longer, but it won’t need you to spend any time by physically appearing in court or going to any sessions.
How to choose the timing?
Spoiler — there is no right way. Every age category of children perceive parental divorce in their own specific way, so there is no way you can avoid any type of emotional stress and trauma of your kid, so there is no such thing as the best time to divorce. However, you can learn how to behave with each age group, so the damage could minimized.
Divorce with Children
Under the current system of family law, the procedures for divorce involving spouses who have minor children together are written out in great detail. In the same vein, when a child is younger than three years old, the law often takes precautions to protect the mother’s legal rights and interests in addition to those of the child. This is the case regardless of whether the child is male or female.
In the event of a divorce, regardless of whether or not the children are still considered minors, the legal burden of providing for and taking care of one’s children falls upon both of the child’s parents. If you are asking yourself « should i stay married for my child?», it is reasonable to assume that children contribute to the complexity of their parents’ divorce, but they also have a significant role to play in the resolution of the problem.
At accordance with the mandates of the Family Code, the conclusion of divorce procedures can take place either in a register office or in a court. In addition to the broad principles of family law, the processes that must be followed in order to get a divorce are governed by two separate legislations.
On the other hand, when there are young children from a previous relationship living in the household, interested parties are typically confronted with a variety of issues regarding how this process is actually carried out. This is because it can be difficult to determine who is responsible for the care of the children. The term “common children” refers to individuals whose biological parents are a divorced couple as well as those who were adopted by such a couple. This is the legal definition of «common children».
1. If the child is less than a year old
In and of itself, this is a dilemma, but the fact that the infant is less than a year makes the situation far more precarious. When a woman is pregnant or when a couple has a child together who is less than one-year-old, divorce is illegal in most jurisdictions in the United States.
Even if the legislator does not create any unique guidelines for how a divorce should be conducted when there are young children involved, certain protocols have been developed for dealing with such situations:
- According to the Family Code, the only normal way to get a divorce is through the official court proceedings that are, as a result, controlled by the general legal rules.
- If a woman is the victim of a crime or the victim of a crime committed against her child, then she has the right to file for divorce in court without fear of reprisal. This right applies to both situations. As evidence, the court will accept a statement that was made to the police, an excerpt from the unified register of pre-trial decisions, as well as any other paperwork that can establish the commission of a crime (for example, from a hospital).
- It is possible to end a marriage even if one of the partners is expecting a child or if the child is less than one-year-old if the other partner admits to being the biological father of the child. Importantly! It is necessary to get a statement of paternity signed and notarized by another individual.
2. A child is under 3 years old
Divorce proceedings for parents of a minor kid are done in the same general fashion as those involving the presence of a minor child (anyone under the age of 18) in the marriage. This means that the child will not be included in the decision-making process. In addition to this, there is a certain amount of specificity here:
- In addition to child support, the ex-wife is entitled to maintenance payments when the kid is under the age of three since she is on parental leave and unable to work;
- in this context, the concerns of the kid’s residency, communication, and support are settled (an suitable agreement can be formed, which will be approved by the court if it does not interpret divorce as cause of child’s problems);
- According to an analysis of typical court procedures, a child who is younger than three years old stays with his or her mother. On the other hand, if both parents insist on raising and living with the child together, the court may decide the child’s custody based on the degree to which the child is attached to his or her parents and may also resort to a psychological evaluation (since the child cannot yet express his will).
3. A child is from 3 to 18 years old
According to the Civil Code and the Family Code, a child who has not yet reached the age of eighteen is regarded to be a natural person. In certain cases, the minimum age required may be sixteen years old (emancipation).
It seems that the divorcing couples kids now, regardless of the child’s age (1 year, 3 years, 12 years, or 17 years), tends to be associated with particular aspects in the dissolution of the marriage between the child’s parents:
- Registration becomes a more complicated process (court process).
- Divorce may be granted at the register office if the children are not common (even if they are minors) and in other extraordinary circumstances as set forth in the Family Code.
- Arrangements need to be made about the child’s place of residence, communication, and financial support. On the other hand, if the parents are unable to reach a decision about the matter on their own, the decision will finally be made by the court.
- From 10 years of age children get a voice in divorce for which parent he or she will live with in the future can be voiced as early as the age of ten, and the court is required to take that preference into consideration when reaching a judgement.
- The issue of determining child support obligations, often known as alimony, is one that must be handled by the court in accordance with the parameters outlined in the Family Code.