The procedure for divorce if there are children

Divorce in Ukraine when there are minor children has specific features and is carried out exclusively through the court process.

1. Court Procedure for Divorce:

• Submission of Application: The spouses can submit a joint application for divorce to the court, along with a written agreement that specifies:
• With which parent the children will live.
• The involvement of the other parent in the upbringing and support of the children.
• The amount of child support.
• Case Review: The court checks whether the agreement violates the children's interests, and if there are no objections, the court issues a divorce resolution.

2. Determining the Children's Place of Residence:

• Voluntary Agreement: The parents can agree on the children's place of residence and formalize it in a contract.
• Court Decision: If the parents cannot agree, the court determines the children's place of residence, considering their interests and conditions for development.

3. Parental Participation in the Upbringing and Support of Children:

• Rights and Responsibilities: Both parents are required to participate in the upbringing and material support of the children, regardless of with whom the children reside.
• Alimony: The parent with whom the children do not live is obliged to pay alimony for their support.

4. Protection of Children's Interests:

• Guardianship Authorities: During the divorce process, the court may involve guardianship authorities to assess the living and upbringing conditions of the children.
• Child’s Opinion: The court may take into account the child’s opinion if they have reached an appropriate age and level of development.