How to get a divorce if the child is not informed

Article 17 of the Family Code of the Russian Federation reads as follows: a spouse may not, without the consent of the wife to sue for divorce during his wife's pregnancy and within one year after the child's birth. In the absence of the consent of the woman in the case of divorce the judge rejects the claim, and if it was accepted, the court shall terminate the proceedings in accordance with paragraph 1 of part 1 of article 134 and paragraph. 2 tbsp. of 220 GPK of the Russian Federation. That is, to divorce the wife can by consent of the parties, even if the child has not yet celebrated its first birthday. So the first thing to try is to negotiate with the wife peacefully.

Set aside the divorce. It is possible for the first time, just to not give up formally and wait for the time when the restriction will be removed. Then the judge will be no more reasons to deny your claim and you will be able to dissolve the marriage in a judicial procedure.

There is another possibility for men to freedom, but this is a special case, it is suitable not for everyone. Can in court to try to prove that you are not the father of a child born to your wife. In this case, article 17 of the Family Code of the Russian Federation can not be applied to your family. But you need to keep in mind that in court you'll need solid evidence: undertaken by the independent expert genetic examination to establish paternity; testimony; written evidence that you were out of town at the time when you were conceived a child.

In all other cases, in the absence of consent of the wife, to formalize documents for dissolution of marriage you will not be able to until your toddler reaches the age of one year.