Divorce in the presence of common minor children

Divorce in the presence of common minor children in Ukraine

Unfortunately, even with common children under 18 years old, many married couples decide to leave. Since the state primarily protects the interests of motherhood and childhood, in this case, the family union can only be broken in court. In exceptional cases (for example, the incapacity of the wife), the law allows separation at the registry office, even if the couple has children who have not reached the age of majority.

The procedure for divorce from children depends on the consent of both parties to the dissolution of the marriage. If one of the spouses is against divorce, then the divorce can take up to 3 months.

In order to speed up and facilitate the divorce as much as possible, the plaintiff must submit the documents necessary for the process to the judge. Moreover, their list depends on the specific conditions of each case. At the end of the article, you can find a list of the most frequently asked questions and the answers to them.

Where is divorce carried out in the presence of minor children in Ukraine

According to the Family Code of Ukraine, divorce in the presence of minor children in most cases must take place through a court.

Divorce through the registry office, if there are common minor children in Ukraine

According to the Family Code of Ukraine, it is possible to leave the registry office unilaterally, even if there are common children under the age of 18, in the following cases:

1. the second person is missing (in this case, a corresponding court decision is required);
2. ex-husband (or wife) has been declared legally incompetent.

It is also possible to part through the registry office if the child is not common (she is from a previous marriage), and there was no fact of adoption.

Divorce procedure in the presence of common minor children in Ukraine

According to the Family Code of Ukraine, in case of divorce, parents can draw up a mutual agreement on alimony, accommodation and maintenance of the child .. If they do not do this, Vikazani issues will be decided by the court.

It is important to take into account that the Family Law sets out a restriction: if the spouses have a child who is under one year old, the parties cannot apply to the court with a claim for divorce. At least until the child is one year old. Also, a person cannot file for divorce if the wife is pregnant.

Divorce procedure in Ukraine

• If desired, speed up the divorce procedure as much as possible. spouses submits a joint application for divorce to the court, and tries to resolve controversial issues on their own, finding a compromise.
• The claim is registered by the court registry, after which it is rejected or accepted for consideration. If the first meeting is adopted, it is appointed 30 days after the submission of the application, since the specified time is given to the spouses for reconciliation.
• The first meeting can be decisive and the last, if the spouses agree in views, and the court does not see in the transaction (if it is reached) a restriction of the rights of the spouses or the child.
• Regardless of how long the decision on divorce is made, it will in any case come into force one month after it was made. This happens in accordance with the Civil Procedure Code of Ukraine. After that, within three days, the court decision will be transferred to the registry office where the marriage was registered in order to register the divorce.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: state duty for divorce, divorce certificate, restoration of divorce certificate, invalidity of marriage, age of marriage in Ukraine, restoration of marriage, refusal to dissolve marriage , divorce during pregnancy.

Required documents in Ukraine

1. The statement of claim (general or separate) with the given reasons for divorce: formalized – by agreement of the spouses on all issues and detailed – if one of them does not want to part.
2. Originals of marriage certificates and passports of both parties (or one if the defendant opposes divorce).
3. Receipt of paid court fee.
4. Copies of children’s birth certificates.
5. Depending on the region of the case and its circumstances, the judge has the right to additionally require other documents. For example, information about the composition of the family.

EXAMPLE

K. and F. had not lived together for several years before K. filed for divorce. In his claim, K. asked the court to give him an eight-year-old daughter, together with F., for upbringing. He motivated his desire with a stable income. He also managed to prove the fact that F. gave her daughter to the upbringing of her mother and personally does not take appropriate measures for the care and development of the child and suffers from alcoholism (there is a certificate from the drug dispensary). Taking care of the interests of the girl, the court determined that after the divorce, it was better for her to stay with her dad.

The term for divorce in the presence of minor children in Ukraine

If you have a child, the shortest period from filing an application for divorce to the moment of divorce is two months. It includes a 30-day period from the filing of the claim to the date of the first court session. If a decision on divorce is made on it, then it will enter into force in 30 days (according to the Civil Procedure Code of Ukraine). After that, the marriage will end.

• The concluded parental agreement on the child’s residence will be another factor in favor of the prompt consideration of the divorce issue by the court.
• If one of the child’s parents does not want or is unable to come to the registry office and submit an application, but formally does not mind a divorce, then this option will also be considered a divorce by mutual consent. It will take place in court under an accelerated procedure.
• Entry of property disputes in the statement of claim for divorce, as well as the refusal of one of the spouses to divorce the other, will prolong the divorce procedure. In the first case – because of the proceedings over the division of common property, in the second – because of the court’s attempts to preserve the marriage, giving time for reflection.

Within a month after submitting the documents, the spouses have the right to withdraw the statement of claim.

The moment of divorce in Ukraine

If the divorce took place in court, then the day of termination of the spousal relationship from the point of view of law will be considered the moment the court decision enters into force.

1. After this moment, the legal relationship between the spouses ceases, with the exception of property relations (they will be valid until the division of previously acquired joint property, but not more than 3 years), parental and others.
2. After the day when the marriage officially ends, the former spouses will not have to ask each other’s consent to make transactions, and the property acquired will no longer be common.
3. It is worth paying attention to an important point. It is possible to apply for a new marriage only after the entry into force of a court decision on divorce.

Output in Ukraine

• Spouses who have common minor children are allowed to separate only in court, with the exception of some cases.
• The minimum period from filing an application to the termination of a marriage is about two months.
• The divorce procedure can be delayed if the spouses do not have an agreement on alimony, the place of residence of the children and the distribution of property, and they want to consider any of these issues as part of a divorce suit.

Useful site materials rozluchennya-onlain.com.ua:

1. Restoring marriage
2. Age of marriage in Ukraine
3. Nullity of marriage
4. Restoration of divorce certificate
5. Divorce certificate
6. State fee and court fee for divorce
7. Is it possible to divorce without the consent of the husband or wife?
8. Unilateral divorce
9. Divorce in the registry office