Deleted user
Lawyer
posted 5 months ago
Hello Svitlana , I hope you are doing well. and I Am sorry to hear about your predicament.
Chapter two Article (12) of the marriage and civil divorce procedures in the emirate of Abu Dhabi reads: (it is sufficient for one of the spouses to express before the court his/her desire to separate and not continue the marital relationship without the need to justify that request or blame the other party or prove his/her wrong.) in other words you can file for divorce without the need to prove the other party's wrong doing. after filling the divorce application and paying the fees and making sure that it includes all the necessary documents the court will review it and if the application is approved the court will set a date to issue the divorce ruling at first hearing. The date of the hearing is appointed no less than 30 days after the date of approval.
Regarding the custody question , both parents have equal rights of custody , and court will automatically decide on divorce ruling to establish joint custody of children equally between the father and the mother. you can object to joint custody if you can provide justifications eg: child at risk of being exposed to violence or abuse, behavioral or mental problems the other party suffers from or inadequate living conditions etc.
On the matter of paternity test , a declaration of parentage is enough , but the court have the power to order a DNA test on certain occasions.
Finally I hope this will be helpful to you.
Kind Regards,
Mohamed Shain.
