Divorce in the registry office with children

Divorce in the registry office with children

If the spouses have common minor children, then in most cases a divorce can only be formalized through the court. The exceptions are situations when the consent of one of the parties to the dissolution of the marriage is not required, or when such consent is simply impossible to obtain.

In such exceptional situations, the initiator of the divorce has the right to separate from the husband (wife) unilaterally and even in the presence of a minor child. To do this, you need to contact the registry office with a corresponding application.

Such circumstances occur in the following cases:

• One of the spouses is incapacitated — that is, cannot be held responsible for their actions.
• It is impossible to establish the location of one of the spouses, that is, he or she has been declared missing by a court order.

How to get a divorce through the registry office if there are minor children

According to the general rule established by the Family Code of Ukraine, the dissolution of a marriage in an administrative manner in the civil registry office is possible by mutual consent of the spouses if they do not have common minor children.

According to the general rule established by the Family Code of Ukraine, the dissolution of a marriage in an administrative manner in the civil registry office is possible by mutual consent of the spouses if they do not have common minor children.

However, the provisions of the Family Code of Ukraine have defined a number of circumstances, the presence of which gives the other spouse the right to unilaterally dissolve the marriage, regardless of the presence of common minor children in the family.

Thus, the law allows the possibility of conducting a divorce process in the registry office in cases where one of the spouses:

• As a result of the inability to comprehend the significance of his actions, he was declared incompetent, which is confirmed by a court decision.
• He has been missing from his official place of residence for one year, which is confirmed by a corresponding court decision.

This list is closed: there are no other circumstances that provide for the possibility of getting a divorce at the registry office if there are minor children.

Divorce with children and an incapacitated man through the registry office

Incapacity of one of the spouses is the basis for unilateral divorce. However, the presence of common minor children does not prevent its registration with the civil registry office.

The procedure for divorce from an incapacitated man in the presence of common children under 18 years of age is as follows:

• A man is declared incompetent by a court order on the basis of a mental disorder that has caused him to be unable to control his actions or understand their meaning. The guardianship authorities appoint a guardian for such a citizen.
• The consent and presence of the incompetent spouse is not required for divorce. The application itself and other documents are submitted to the registry office by a capable man.
• Having received the said application, the registry office, in accordance with the “Rules for Registration of Civil Status Acts”, is obliged to notify the guardian of the incompetent person or the guardianship authorities within 30 days of the fact of filing an application for divorce, as well as the expected date of registration of the divorce. The guardian must also report the presence or absence of claims regarding the division of children, property, etc. If such claims exist, the court considers them.

Divorce with children, missing man in the registry office

Recognition of a man as missing can also become the reason for a unilateral divorce through the registry office. This procedure is carried out convulsively in cases where there is no information about the citizen’s whereabouts at his place of residence for a year or more.

Recognition of a person as missing is carried out according to the rules established by the Civil Procedure Code of Ukraine, on the basis of an application from an interested party, in a separate proceeding, that is, without actually summoning the defendant.

Having received a court decision declaring a person missing, the interested man can apply to the registry office with a unilateral divorce application:

• Before filing an application, you must pay a state fee.
• State registration of the dissolution of a marriage union is carried out in the presence of the applicant. If the applicant does not appear on the appointed date, the divorce will not be registered.

If the missing man appears or his place of residence is established, the previously dissolved marriage can be renewed. This is possible only if one of the spouses has not entered into a new marriage.

Divorce documents through the registry office with children

To file for divorce at the Civil Registry Office if there are minor children, the applicant must have with them on the day of application:

• Identity document — passport.
• Original marriage certificate.
• Proof of payment of state duty — receipt.
• Court decision on recognizing a person as incompetent or on recognizing him as missing.
• Application according to the formula established by law.

Lawyer’s answers about divorce through the registry office with children

I have not known anything about my husband’s whereabouts for over three years. Based on this, I want to break up with him. Is it possible?

Yes, it is possible. To do this, you need to file an application with the court to declare your spouse missing. If the court’s decision is positive, you need to file an application with the registry office and attach the above-mentioned court decision to it. Based on this, the registry office will conduct a simplified state registration of the dissolution of the marriage, after which the relationship with your husband will be officially ended.

Divorce with children through the registry office

The right of spouses to dissolve a marriage unilaterally by administrative procedure is an integral guarantee of protecting the interests of spouses, as well as their minor children. Its emergence is due to the absence of any family relations with the specified categories of persons, which indicates the actual disintegration of the family. Since preserving a marriage under such conditions does not meet anyone’s interests, the legislator has granted spouses the right to a simplified divorce.