Divorce from minor children
Divorce when 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 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 a marriage in this case.
In general, divorce with children can be done in two ways.
The first way is 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 in the presence of children
The divorce lawsuit in the presence of minor children will be more difficult and time-consuming. It also requires more attention, especially with regard to the required documentation. 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 certainly knows all the intricacies of the paperwork required to divorce children.
The documentary registration of divorce with children, in contrast to the classic divorce without children, 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: general or claim. Having received the advice of a family divorce lawyer, you will be able to accurately determine for yourself what kind of application you need to submit in your particular case.
Claim and joint statements for divorce
Comparing the two types of applications for divorce with children (joint and claim), a good lawyer will probably recommend that you stay on the 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. In the case of filing a statement of claim, 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.
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 the 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.
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