Divorce from husband if there are children

Divorce from husband if there are children

In this situation, you first need to decide where to go: to the Civil Registry Office or to the court. The process itself will take approximately one to three months.

To protect motherhood, divorce is not possible if there is a child under one year old. In addition, a deferment and installment plan for paying the court fee is possible. According to statistics, children are left with their mothers in the vast majority of cases, but sometimes it makes sense to play it safe and prepare evidence in your favor.

File for divorce from a man if there are children

When divorcing a man, there are two authorities you can contact to carry out this procedure: the civil registry office or the court.

Divorce from a man if there are children through the registry office

Quite a convenient option, its advantage is that there is no need to wait too much time, even if there are common minor children. The disadvantage is that the use of this option is possible only in a limited number of cases: according to the Family Code of Ukraine, a divorce can be done through the Civil Registry Office at the request of even one man if:

• Your man has been declared missing by the court.
• The court has declared your husband incompetent.

It is important to note that only a person who does not belong to such categories can apply to the registry office with such an application. The application is submitted at the place of residence of one of the spouses or at the place of marriage registration, which is quite convenient.

The following documents must be attached to the application: a document confirming your identity; a marriage certificate; a court decision confirming your right to dissolve the marriage through the Civil Registry Office (a court decision declaring the spouse missing or incompetent), a receipt for payment of the state fee.

The review period will be one month. This time is used to inform interested parties (guardians or managers of the husband’s property), and the establishment of a one-month period is also aimed at giving you the opportunity to change your mind and think things over. Upon expiration of the period, the marriage is dissolved, and you can receive a certificate of divorce.

The process of divorce in court is longer, it will be necessary to submit additional documents and evidence, in addition, the judge has the right to apply the reconciliation procedure, which will delay the process up to six months. If there are children, their birth certificate is required. You cannot do without the man’s consent to divorce if he does not want to be present at the court hearing, but agrees to the divorce. But if it is impossible to terminate through the registry office, then the trial cannot be avoided.

Divorce from husband, if children through court

He will consider all other cases (not within the competence of the civil registry office). That is, if the man does not want to agree to a divorce, the spouses have common disputed property, there is a dispute about children.

The procedure for divorce from a husband if there are children in court

After you have filed a claim with the court, you must wait for a message about the time and place of the hearing. As a rule, it arrives within 15-20 days from the date of filing the claim.

• If there is still no notification during this time, you should go to court and find out the reasons for this (sometimes the application is left without action).
• If everything is in order with the statement of claim, then in about a month there will already be a trial of the case (the period is counted from the date of filing the application).

You can participate in the hearing in person, or send a petition to have the case considered without you. The defendant has the right to file an objection to the claim or to acknowledge it (in part or in full).

• It is important to note that it is impossible to dissolve a marriage if the wife is pregnant or has a child under one year old.
• A number of features are also present if there is a child under 3 years old. Until the child turns 3 years old, the woman remains on maternity leave, and accordingly there is no opportunity to earn money, which gives rise to the husband’s obligation to pay alimony not only for the child, but also for the wife while she is on maternity leave.
• A similar rule exists for a disabled child, but in this case, alimony must be paid to the wife caring for this child until the child reaches adulthood.

Application for divorce from husband, if there are minor children

If there is a dispute about children, the process can drag on for a period of one to six months. This is due to the fact that it is necessary to determine with whom to leave the child, to find out the arguments of the spouses and the child himself (if he is over 10 years old). A forensic psychological examination of the child is often necessary (it is used to determine the degree of commitment to each parent).

Cases of involving guardianship and trusteeship authorities in the trial are not uncommon. They examine the living conditions of the spouses, find out whether their housing meets the standards and whether it is possible for the children to live there. The court will take this examination into account when resolving the dispute.

If the spouses have reached a compromise about the fate of the children, they can enter into a settlement agreement. It specifies the place of residence of the child after the divorce, and may additionally stipulate issues of alimony, the procedure for communicating with the child, and others. At the same time, the court may not approve the agreement if it considers that it is contrary to the interests of the children.

Judicial practice of having fun with a man if there are children

Example

V.A. Semenov filed a lawsuit to dissolve his marriage with E.V. Semenova. They had two twin children, each of whom was 11 years old. Each parent was attached to the children and wanted to live with them. During the trial, the Semenovs were able to agree among themselves and decided that each would accept one of the children. A settlement agreement was concluded about this. During the trial, the children stated that they did not want to live separately. The court decided to refuse to approve the settlement agreement and ordered a forensic psychological examination, which confirmed the harm of separating the twins and found that their psychological attachment to the mother was stronger. Based on this, the court decided to leave the children with the mother.

If there is no unanimity in the decision on who to leave the child with, the court itself will make a decision. The judge will take into account the personal qualities of the spouses, their condition, health, housing conditions, the child’s attachment and other facts.

The court must find out whether the defendant agrees to the divorce. If so, the divorce process will be accelerated. But if the defendant is for preserving the family, the judge must find out the reasons for the divorce and determine whether it is possible to preserve family relations. In addition, the judge can give a reconciliation period of up to six months. If the plaintiff abandons his idea, the claim is satisfied and the marriage is dissolved.

The court’s decision on this case will come into force in a month; in the event of an appeal, the decision comes into force after the case is considered by the appellate court.

Application to the court for divorce from husband in the presence of children

A claim for divorce is filed with the court at the place of residence of the defendant, and in some cases, the plaintiff. It may be drafted directly by the plaintiff, but it is also a good option to contact a lawyer or family law attorney.

Other demands may be attached to the claim for divorce (for child or wife support, for determining the place of residence and the procedure for communication with the child, for the division of jointly acquired property).

Важно отметить, что при объединении требований возможно изменение подсудности и увеличение срока разрешения спора. Отдельное рассмотрение каждого вопроса также позволит больше сконцентрироваться на проблемах и более эффективно решить их.

The application itself is submitted at the place of residence (registration) of the man or his last known place of residence. But there are a number of cases in which the application can be submitted at the place of registration of the plaintiff:

• If you are raising children who have not reached the age of majority and live with you.
• Serious health problems of the plaintiff.
• The consent of both spouses.

There are a number of requirements for the statement of claim, it must contain:

• Details of the district court (name, address, telephone).
• Addresses (both actual and official), telephones, e-mail of the spouses.
• Information on marriage registration (date and place).
• Date of termination of cohabitation.
• Information on children and the presence of a dispute about them.
• The presence of the man’s consent to divorce.
• Reasons for divorce.
• The divorce request itself.
• Claims for division of property (if any).
• Claims for alimony (if any).
• List of attached documents.
• Date and your signature.

Divorce documents with husband and children

It is necessary to add to the statement of claim:

• A copy of the marriage certificate. If you do not have one, you need to contact the registry office to get a duplicate.
• A copy and original of the child’s birth certificate.
• A receipt confirming the payment of the court fee.
• If the spouses want to get divorced, a written consent to the dissolution of the marriage is required.
• Information about the income of family members and supporting documents (if there is a dispute about alimony).
• If the spouse has decided on the amount of alimony, then a notarized agreement on them.
• A marriage contract (agreement), if any.
• A description of the property and documents appraising it, when resolving the issue of property.
• Other documents that are important in the case.

The package of documents must be as complete as possible, in this case the case is considered without delays and much faster. If something is missing, the judge has the right not to proceed with the case, of which the plaintiff will be notified. The court will provide time to correct the deficiencies. If the plaintiff does not meet the deadline, the application and all attached documents will be returned to him. However, this does not deprive him of the right to reapply to the court.

Court fee for divorce in court with husband if there is a child

When you break up with a man, by law you must pay a court fee. When divorcing through the court (without division of property), you will have to pay a court fee for filing a non-property claim in the amount of 908 UAH (as of 2021). When dividing common property, you must pay a court fee, which is 1% of the value of this claim. The minimum court fee for the division of property is 908 UAH.

The issue of paying the court fee is very important, without paying it, the judge can leave the application without action, and in case of non-payment, he will return the application and your documents to you.

At the same time, it is possible to defer or install the payment of the court fee, as well as reduce it taking into account the property status of the plaintiff. As a rule, judges are ready to meet a woman who does not work and raises children. To confirm her situation, the wife should provide certificates of income, the presence of dependents and other documents confirming expenses and the impossibility of timely and full payment of the court fee.

Can a child stay with his father after a divorce in court

Statistics in Ukraine show that a child is left with the father only in some cases. This is due to mentality and the fact that, as a rule, the child’s psychological and emotional attachment to the mother is greater.

But there are also opposite cases. In order to ensure that the child stays with the mother, it is necessary:

• Do not sign documents giving consent for the child to live with the father.
• Get a document (conclusion) from the guardianship and trusteeship authority stating that it is preferable for the child to live with the mother.
• Bring certificates of income and their regularity, confirm the ability to provide the child with the necessary things (clothing, treatment, food, education, entertainment)
• Take positive recommendations and characteristics from your place of work;
• Bring in your favor the fact that other relatives will help with the upbringing (grandmothers, grandfathers, aunts, uncles, etc.);
• Find out your child’s point of view (if he has reached 10 years old, the court will ask his opinion). The desire to live with his mother is a weighty argument
• Bring arguments that compromise the father in court. (Abuse of alcohol and drugs, bad habits, serious illnesses, lack of housing, etc.). At the same time, the necessary evidence that will convince the court that you are not slandering.

Evidence for the court during divorce if there are children

It is important to present evidence to the court that will convince it that you are right:

• testimony of the mother herself with convincing arguments;
• documentary evidence from the place of work or from
• government bodies;
• witness testimony;
• forensic psychological examination;
• conclusions of guardianship and trusteeship authorities;
• income documents;
• documents indicating the degree of participation in the children’s lives;
• video recordings, photographs.

Based on this, the court will decide with whom to leave the child. If the mother manages to collect all these documents and evidence, then the likelihood that the court will give the child to the father is extremely small. 

Peculiarities of divorce from husband, in the presence of children

In a situation of divorce from her husband, in the presence of minor children, the wife is in a more advantageous position:

• If there is a child under one year old, then divorce is only on his initiative;
• If there are disabled children or children under 3 years old, alimony will also be paid to the wife;
• Due to judicial practice, the court, as a rule, is inclined to side with the woman and leave the child with her.
• There are also certain advantages in paying the court fee (deferral and installment plan).