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Peculiarities of divorce between couples who have children
The legislation provides for the following ways of divorce between couples who have children: Based on the decision of the state registry office. Divorce is conducted at the request of one spouse only in cases where the other spouse is incapable, declared missing or convicted of committing crime for a term not less than three years. Based on the court’s decision. Divorce can be held in court upon the joint application of the spouses, and at the request of only one spouse. The main condition for divorce at the joint request of the spouses is to have a written agreement between them, which indicates who children will live with and who of the spouses will provide children with education and material well-being. The agreement on the amount of alimony must be notarized. In that case, the divorce is possible only when the court determines that the application is made in correspondence to the will of both wife and husband, and after the divorce their rights and rights of their children will not be infringed. When applying to the court, it must be considered that the application cannot be filed in court when a wife is pregnant and during one year after the child’s birth. There are some exceptions: the unlawful conduct of a spouse, which has the elements of a crime towards the other spouse or a child, acknowledgment of paternity of conceived (or unborn) child by another person or the court’s decision to exclude the husband as the father of the child from the birth record. In the absence of the consent of the other spouse to divorce, the court may advance the term for reconciliation. Divorce at the request of one of the spouses is possible only if the court finds that the further cohabitation of the spouses would be contrary to the interests of at least one of them and their children. Experts of COLARES are always ready to provide you with legal assistance in family dispute solving, including divorce, alimony, division of property, and represent your interests in court.