DIVORCE DURING WIFE’S PREGNANCY

Life situations are quite common when spouses, due to various circumstances, decide to leave, but there is a fact that greatly complicates, and sometimes even makes this procedure impossible. This is the period when the wife is pregnant or the child born in marriage is not yet one year old. This article will help you understand in what cases divorce is possible and what is needed for this.

According to the general rule provided for by Article 110 of the Family Code of Ukraine, spouses cannot file an application for divorce during the wife's pregnancy, as well as before the child reaches one year. In addition, the consideration of the case is not allowed in the case when the wife became pregnant after filing an application with the court. The purpose of establishing such a norm is to ensure the interests of the child and the preservation of the family.

If, under such circumstances, one of the spouses filed a claim for divorce, without indicating in it the fact of pregnancy or the presence of a common child under the age of one year, and the other provided evidence confirming this, the court is authorized to leave such a claim without movement or close the proceedings.

But there are several exceptions, according to which the divorce procedure under these circumstances is possible.:

• Illegal behavior of one of the spouses in relation to the other, having signs of a criminal offense:

One of the greatest social values enshrined in the Constitution of Ukraine is the life of a person, his health, honor, dignity, inviolability and security. Therefore, in the event that one of the spouses commits acts that have signs of a criminal offense in relation to the other spouse or child, the victim has the right to file for divorce. For this, it may be enough evidence, appeals to law enforcement agencies to record the actions committed.

• Acknowledgment of paternity of a child by another man:

If a situation arises when the actual marital relations between the spouses are terminated, the persons live separately and do not conduct a joint household, and another man is the father of the child, it is possible to divorce, provided that the paternity of the child is recognized by his biological father.

      Also, it is allowed to file for divorce if there is a court decision, according to which information about the husband as the father is excluded from the birth certificate of the child.

Very often, spouses have a question: is it possible to get a divorce through the civil registration authorities if the wife is pregnant? In practice, this is almost impossible, since one of the main conditions for dissolution of marriage through the registry office, enshrined in Ukrainian law, is the absence of spouses of children under the age of majority (18 years of age).

Thus, if your situation falls under the above signs, this makes it possible to apply to the court with a claim for divorce. But, given that each case is individual and requires legal analysis, the parties often turn to specialists in this matter for help.

Lawyers and advocates of the law firm "Prikhodko and Partners" have many years of experience in such cases, they will be able to provide legal advice, qualified support in the shortest possible time.