In accordance with the requirements of Article 21 of the Family Code of the Russian Federation, divorce in your case is possible only in court, because You and your spouse have common minor children, as well as in the absence of your spouse's consent to divorce.
In accordance with the requirements of Part 2 of Article 22 of the Family Code of the Russian Federation, when considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and the right to postpone the proceedings, setting the spouses for a period of reconciliation within three months.
In order for the court not to take measures for your reconciliation with your spouse, and not postpone the trial for 3 months, you need to provide the court with the following evidence (witness statements, copies of the mail you received at the address where you actually live after leaving from family, references, photographs, etc.):
- evidence that family conservation is not possible;
- for 2 years you do not live with your family and do not conduct a common household;
- during the n-th time you live with another woman;
- certificate of pregnancy of the woman with whom you actually live.
In this case, your claims will be satisfied by the court without any problems, regardless of the desire of your spouse, as well as regardless of the amount of alimony, which will be determined by the court.
Part 1 of Article 81 of the Family Code of the Russian Federation determines the amount of alimony to be paid for the maintenance of 2 children, recovered monthly in the amount of one third of the earnings and (or) other income of the parents.
However, on the basis of Part 2 of Article 81 of the Family Code of the Russian Federation, the size of these shares may be reduced or increased by the court, taking into account the material or marital status of the parties and other circumstances noteworthy.
In the presence of exceptional circumstances (serious illness, injury to minor children, the need to pay outside care for them, and other circumstances), each of the parents may be involved by the court in participating in additional costs caused by these circumstances. The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined by the court on the basis of the material and marital status of parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly. The court has the right to oblige parents to take part both in the additional expenses actually incurred and in the additional expenses that must be incurred in the future.
At the same time, article 83 of the Family Code of the Russian Federation provides for the possibility of collecting child support on a monthly basis, in a solid cash amount or simultaneously in shares and in a solid cash amount. The amount of a solid sum of money is determined by the court on the basis of the maximum possible preservation of the child's previous level of support, taking into account the material and marital status of the parties and other circumstances noteworthy.
The division of property jointly acquired by the spouses is an independent claim and is not related to the claim for the recovery of alimony. Therefore, if your spouse has sufficient reasons to demand the recovery of alimony exceeding the amount provided for in paragraph 1 of Article 81 of the Family Code of the Russian Federation (one third of earnings and (or) your other income), it makes sense to negotiate with her on the conclusion of an Agreement on payment alimony (the amount, conditions and procedure for paying alimony) and the division of property jointly acquired by spouses, in which, as a condition for determining a lower amount of alimony, it should be indicated that you are giving up your share (part) of jointly acquired property in favor of the spouse (children) )
Original message
