Divorce with children in Ukraine
- Divorce with minor children in Ukraine
- Dissolution of marriage with children and required documents in Ukraine
- Divorce in court with children in Ukraine
- How to file a divorce from children without a trial in Ukraine?
- Claim and joint application for divorce from children, sample in Ukraine
- Unilateral procedure for divorce in Ukraine from a wife in the presence of children
Divorce with minor children in Ukraine
Divorce if the spouses have minor children requires special attention, since the very procedure for divorce in this case differs from the procedure for divorce without children. How to break up when there are children?
Today this is a fairly common question. That is why most people, when divorcing their children, turn to family lawyers who have enough experience to ensure that the process in court goes as quickly and comfortably as possible.
The divorce procedure in the presence of minor children is one of the main issues that must be considered when divorcing in court in this case.
Dissolution of marriage with children and required documents in Ukraine
In general, divorce with children can be done in two ways.
The first way is a divorce through a court. This method is relevant for cases when the children of the spouses have not yet reached the age of 18. As a rule, this raises a lot of questions, but if you have a good lawyer, they are resolved rather quickly.
The second way is a divorce through the registry office. However, this method can only be chosen if the children have already become adults. This is due to the order of termination of marriage in accordance with family law for this particular case.
Divorce in court with children in Ukraine
The divorce lawsuit in the presence of minor children will be more difficult and time-consuming. In addition, it requires more attention, especially with regard to the required documentation and application.
Therefore, turning to a family lawyer who has experience in these matters, you can save a lot of time. A lawyer specializing in family matters, of course, knows all the subtleties regarding the documentation, drafting a statement of claim, necessary for divorce from children in court.
The documentary registration of divorce with children in court, unlike divorce without children in the registry office, has an extended list of documents. Moreover, it must be understood that a divorce through the court can be carried out after the provision of one of two options for a statement: joint or claim.
Having received the advice of a family lawyer for divorce in court, you will be able to accurately determine for yourself which application – to the court or the registry office, you need to submit in your particular case.
How to file a divorce from children without a trial in Ukraine?
In accordance with the norms of the Family Law and the Law of Ukraine on Divorce in general, the divorce of spouses who have joint minor or minor children is possible only through the courts without involving the registry office.
However, there are exceptions to all the rules. Thus, on the basis of Art. 107 of the Family Code, divorce takes place in the registry office, without the presence of the second spouse, regardless of the presence of property disputes and joint minor children.
The main condition in this case is a court decision on the recognition of the second of the spouses as missing or incompetent and the second of the spouses filled in an application with his own hand.
Claim and joint application for divorce from children, sample in Ukraine
When comparing the two types of applications for divorce with children in court (joint and lawsuit), a good lawyer will probably recommend that you stay on the statement of claim. This is due to the fact that in the course of the case, one of the spouses may refuse to part and the marriage cannot be terminated as planned.
If a statement of claim is filed, even if one of the parties is against, the marriage will still be dissolved, since coercion into marriage is prohibited by the Constitution of Ukraine.
If the spouses nevertheless reached a consensus and decided to dissolve the marriage mutually, however, they have common minor children.
In this case, divorce is carried out only with the involvement of the state judicial authorities.
However, it is possible to submit a joint application to the court at the place of residence of the husband or wife. Along with the joint application, an agreement on the upbringing and maintenance of children is submitted, drawn up by parents who plan to dissolve the marriage.
Such an agreement is certified by a notary without fail.
Unilateral procedure for divorce in Ukraine from a wife in the presence of children
Summing up, it is safe to say that the divorce procedure in the presence of children has certain features that must be taken into account when starting a divorce case.
Only taking into account all these features can you achieve the best positive result and get out of the relationship without psychological trauma for spouses and minor children.
A unilateral order of divorce from a wife in the presence of children presupposes a judicial order. The spouse submits a statement of claim for divorce, setting out the claims. Based on the norms of Family Law, a claim for the recovery of alimony (if necessary) is filed by those of the parents on whose support the minor children are.
Thus, if the children live with their wife, then the spouse, as the defendant in the case, has the right to file a parallel claim to the court to recover alimony from the spouse.
Useful site materials divorce.com.ua:
- Divorce lawyer in Ukraine
- International lawyer in Ukraine
- Divorce without children in Ukraine
- Divorce from children in Ukraine
- Divorce without consent in Ukraine
- Quick divorce in Ukraine
- Divorce and alimony in Ukraine
- Apostille on a court decision on divorce in Ukraine
- Family lawyer in Ukraine
- Divorce through court in Ukraine