Meanwhile, a divorce during a woman's pregnancy has certain characteristics that must be known for a proper and consistent initiation of the procedure. In this article we will tell you about them.
How to file for divorce during pregnancy?
First of all, it should be noted that a divorce during pregnancy on the initiative of her husband is impossible. Moreover, under the laws of Russia and Ukraine, the spouse has no right to file a claim for divorce without the consent of the spouse and within a year after the birth of the newborn baby.
A woman, on the contrary, has the right to initiate a divorce process at any time and regardless of the period of waiting for the baby. Provided that mutual agreements have been reached between the spouses and they do not have underage children, they can apply to the registry office for registering a divorce during pregnancy on the wife's initiative.
If there are other circumstances that prevent the procedure through the registrar's offices, the woman will have to apply to the judicial authorities with a corresponding statement of claim. It should be accompanied by a set of necessary documents, including a medical certificate indicating the period of pregnancy.
In the pleading part of such a statement, the future mother needs to express a desire to terminate the marriage relationship, and, if necessary, demand the collection of maintenance for a child who will soon be born, and herself before the execution of a three-year-old child.
Thus, pregnancy is not an obstacle and an obstacle to a divorce from her husband, but only in a situation where the woman herself insists on the dissolution of marital relations. If the divorce initiator is a man, in acceptance of the statement of claim he may be refused in connection with the "interesting" position of the spouse.