Divorce if you have a child under one year old
Divorce after the birth of a child is not uncommon, since it is the appearance of children that is a test of the durability of the marriage union.
Unfortunately, today it is quite common to hear a question about the possibility of divorce from a child under one year old.
The norms of Ukrainian legislation are structured in such a way as to promote reconciliation in every possible way, which in the future will help save the family. They are especially attentive to divorces that occur between spouses with children under one year old.
Divorce in the presence of minor children
Divorce in the presence of minor children, the process is quite simple, although it requires filing a statement of claim in court. But this procedure for divorce in the presence of children is possible only after the child turns one year old. This rule is enshrined in Art. 110 SKU.
However, there are a number of reasons that allow you to divorce even if you have a child under one year old.
When one of the spouses has committed unlawful conduct that falls under a criminal offense against the child or other spouse.
An explanation is attached to this clause, according to which the offense can be committed by either spouse. After that, according to the rules for divorce in the presence of a child under one year old, not only the wife, but also the husband can file a lawsuit for divorce.
If the paternity of the child is recognized by a man who is not a husband. According to the court decision, information about the husband as the father of the child was excluded from the record of the child’s birth.
It is also possible to divorce if you have a child under one year old, if none of the spouses opposes the dissolution of the marriage, for this it is necessary to submit a joint application to the court.
As you can see, there are circumstances in which even babies are not an obstacle to divorce.
Useful site materials divorce.com.ua:
- Divorce from children in Ukraine
- Divorce with a child under one year old in Ukraine
- Equality of rights and obligations of parents in relation to a child in Ukraine
- Temporary departure of a child abroad in Ukraine
- Determination of the child’s place of residence in Ukraine
- Deprivation of parental rights in Ukraine
- Adoption of a child in Ukraine