Divorce with a child under one year old
Divorce in the presence of a child under one year old
It so happens that a divorce from a child under one year old is inevitable. In this case, a divorce if the spouses have a child under one year old has a number of features.
In practice, very often situations arise when, even after the birth of a child, the spouses cannot find a common language regarding family relationships, solving issues at the household level, as well as raising a baby. This leads to the fact that the preservation of the family becomes impossible and contrary to the interests of one of the spouses, and sometimes even members of the whole family.
Exceptions for divorce from a child under one year old
The family legislation of Ukraine provides for a limitation in the right to file a claim for divorce until the child reaches one year of age, regardless of who is filing the claim: husband or wife.
Of course, situations are different and the legislation provides for cases when the right to file for divorce is not limited by the age of the child, for example, the IC of Ukraine regulates such a right if one of the spouses has committed an illegal act that contains signs of a criminal offense against the other spouse or child. However, such cases are almost isolated.
In addition, in this case, it is necessary not only the statement of the other of the spouses about the commission of a criminal offense, but also the corresponding court decision, bringing the spouse to justice.
The Family Code of Ukraine provides for another exception to the general rule: a husband, wife have the right to file a claim for divorce before the child reaches one year of age, if paternity in respect of the child is recognized by another person, and also if, by a court decision, information about the husband as the father of the child, excluded from the record of the birth of a son or daughter.
This procedure is not straightforward. It will be necessary to prove paternity, conduct an examination, and this is a rather unpleasant process from a psychological point of view.
How to get a divorce if you have a child under one year old?
The circumstances listed above are exceptions to the rules, and practice shows that the desire to file for divorce before the child reaches one year old arises on the basis of common reasons for divorce in the general order: spouses did not agree in character, different views on life, misunderstanding, disrespect, etc.
The accumulated practice allows you to find a way out in such a situation. When filing a claim for divorce, it is not at all necessary to indicate the fact of having a child under one year old. As a rule, the first court session is scheduled one and a half to two months after the date of filing the claim. Perhaps by this time the child will already be one year old and at the court hearing you can simply declare the presence of a young child.
However, upon receiving a copy of the divorce lawsuit, the other party may file an objection and indicate the presence of a child under one year old, which may lead to the fact that the court simply refuses to open a claim and leaves the application without consideration.
It is also possible that the other party will not come to the court session and will not file any applications in this divorce case. In this case, the court may consider the claim in absentia.
At the hearing, it is mandatory to inform about the presence of a child who is one year old at the time of the hearing. Based on the results of the clarification of the situation, the court can make an absentee decision on divorce.
However, the defendant can file an objection to the decision in absentia or an appeal, arguing that at the time of filing a claim for divorce, the child was not yet one year old. In this case, it is likely that the decision will be reversed and the divorce denied.
As you can see, it all depends on how legally competent the defendant will act in such circumstances.
Joint desire to divorce if the spouses have a child under one year old
There is another way to file for divorce before the child reaches one year old, provided for in Art. 109 SK of Ukraine. Divorce is possible if both spouses agree to divorce and can resolve all issues regarding the upbringing and provision of the child.
Part 1. Art. 109 of the Investigative Committee of Ukraine says that spouses who have children have the right to apply to the court for divorce together with a written agreement on who of them the children will live with, what kind of participation the parent will play in ensuring their living conditions. plans to live separately, as well as on the conditions for exercising his right to personal education of children.
Since this article does not contain any restrictions on the age of the child, we conclude that the main thing is to reach agreement between the spouses.
Thus, it is possible to divorce before the child reaches one year old. It all depends on the relationship of the spouses and the professionalism of the lawyer / divorce lawyer.
Family lawyer Alexey Skriabin provides the services of a lawyer / lawyer for divorce throughout Ukraine, regardless of the complexity of your situation. Lawyer Skriabin A.N. will tell you what to do in the current life situation and will find a way out with you.
Contact the family lawyer Alexey Nikolayevich Scriabin and a divorce from a child under one year old will be as fast and comfortable as possible for you!
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