According to Russian legislation, if you have children a divorce in the registry office does not work, it is necessary to go to court. If both spouses agree to divorce and peacefully agreed among themselves with whom there is a child, it is necessary to apply to the magistrate at the place of residence of one of the spouses. If there is disagreement, the divorce is written in a district court of General jurisdiction.
The divorce papers is written in two copies (you can write it by hand or on a computer). It is necessary to enclose the receipt confirming payment of state duty for divorce, marriage certificate (original) and a copy of the birth certificate of the child.
As in the case of marriage, when divorce is given "time to think" - the hearing will be appointed not earlier than one month after submission. In the divorce "agreement" when a petition for divorce signed by both spouses, and disputes regarding the division of property is not, the hearing is a legal formality, and the marriage is dissolved quickly and without delay, at the first meeting of the court.
If the parents are unable to "split the baby" - the question about who he will, this question will decide the district judge. Their decision may affect the financial situation or living conditions of each spouse, the attachment of the child to one parent, and many other factors. Also in the divorce may be subject to additional terms (the payment of alimony and their size, the degree of involvement of parents in the upbringing of the child, frequency and duration of contacts, and so on).
Please note that, in the case that one of the members of the family are categorically against divorce, refuses to write the statement or not is in court – you can breed and "unilateral" procedure.