When there is a disabled child in the picture, the process of getting a divorce takes on some distinctive features. The majority of these features have to do with the parental responsibilities regarding maintenance and the increased costs that are associated with taking care of a child who has special needs. With these regulations emerge discrepancies that are simply formal. These changes have to do with adding requirements for paying alimony to the claim and the divorce forms that must be attached to the statement of claim.
WHERE TO DIVORCE?
Where do families go to get a divorce when one or both of the children has a disability?
According to OnlineDivorcer, if there is a shared minor child, the divorce must be finalized in court, regardless of whether or not the child has special needs. The provisions of the Family Code are where you can find the basis for this rule. However, there are exceptions to this law that allow for a marriage to be dissolved not in a court of law (even if there is a minor child that both parties share), but rather in a civil register office (hence the term “registry office”) if either of the following conditions is met by the other spouse:
- recognized by the court as missing (deceased);
- recognized by the court as incompetent;
- sentenced to imprisonment for more than three years for committing a crime.
In other situations, the dissolution of a marriage must be finalized in a court of law (if the couple shares a child who is under the age of majority) (since there is a common minor child). In circumstances in which either one or both of the spouses do not agree to the divorce, this procedure may be utilized.
Therefore, we can reach the conclusion that the standard procedure for getting documents for divorce is unaffected by the presence of a kid with a disability. If there is at least one minor kid that both parties share, the divorce proceedings will take place in court (with the exception of the circumstances that were covered earlier on in this section) (with the exception of those cases that have already been described above). The court will take into consideration the fact that the parties share a child who has special needs; however, this will not significantly impact the outcome of the divorce.
PETITION FOR DIVORCE
When you complete a divorce with a child who has a disability, the statement of claim is produced in the same way as it would be in a typical divorce, with a few minor adjustments here and there. According to the Civil Procedure Code (hereafter CPC), a statement of claim must contain all of the following in order for it to be valid:
- the name of the court in which the claim is filed;
- name of the plaintiff, his place of residence;
- name of the defendant and his place of residence;
- a request to dissolve the marriage (indicate the grounds for dissolution);
- a request for determining the child’s primary residence following the dissolution of the marriage (or, if the parents have already come to an agreement about the child’s primary residence, a copy of that agreement);
- a request for spousal support, which may include child support and support for a spouse who is caring for a child with a disability (if there is an alimony agreement, clarify how it pertains to the request);
- a request to divide the common property of the spouses (if there is no marriage contract);
- list of documents attached to the claim.
A declaration of the case’s claim alone is insufficient for case consideration if the supporting documents are not provided. The Code of Civil Procedure provides a list of the types of papers that fall within this category. As a result, it is essential to append the following claim:
- copies of the claim (according to the number of parties involved in the case);
- a document confirming the payment of the state fee (receipt);
- marriage certificate;
- a document confirming the identity of the plaintiff;
- birth certificate of the child and documents confirming that the child is disabled.
In contrast to the standard claim for divorce, the statement of claim itself is just augmented by the requirement to pay alimony not only to the ex-spouse who is caring for the disabled child but also to the disabled child himself.
A statement of claim must include, in addition to the standard supporting paperwork, documentation attesting to the validity of the marriage, the existence of a common child, and the handicap of that child.
INFLUENCE OF DIVORCE ON CHILDREN WITH SPECIAL NEEDS
Everyone is aware that children, in addition to their parents, are affected by the disintegration of a family unit when it occurs. A child’s psyche might be permanently altered by the emotional turmoil caused by the breakup of their parents’ marriage. Is there a way to prevent this from taking place?
During a time like this, it is natural for parents to want to do anything they can to help their child. Additionally, you need to place your primary emphasis on gaining an understanding of the child’s internal experience. Let’s take a more in-depth look at how getting a divorce impacts a child’s life.
The harm to the child has already been done by the time the adult supervises them again after the break. If a kid or adolescent is exposed to parental conflict on a consistent basis, it is possible for them to develop emotions of anxiety as well as a desire to withdraw from the outside world.
A child’s heart can be thrown into a whirlwind of conflicting feelings when his or her parents go through with a divorce. The effects of a parent’s divorce on a kid change depending on the youngster’s age. When the child is between the ages of 5 and 6, he or she is especially attached to his or her parents. The competition among the sons is to win their mother’s love and attention. Girls and their fathers have a tendency to build close ties throughout their lives. The fact that he is not there to support the family during this difficult time is seen by the daughter as a form of betrayal. One more adult sign of resentment is having an unfavorable attitude toward other guys of the same gender.
ALIMONY FOR CHILDREN WITH SPECIAL NEEDS
To begin, it is essential to keep in mind that spouses have the option of determining the process for paying alimony and the amount either contractually (by the writing of an agreement) or judicially (by a judgment of the court), and both options have their advantages and disadvantages. However, you shouldn’t make the assumption that you can include almost anything in a contract without breaking any laws just in case you do. Alimony payments, for instance, can’t be lower than what the court would decree if alimony beneficiaries actually existed.
Notably, the amount of alimony is determined to be one-fourth of the entire wages or income of the former spouse, and it is only applicable in situations where there is at least one child who is still living at home. To put it another way, the parties or the court are not able to agree on a lower alimony amount than what is mentioned above in the paragraphs above.
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