Divorce

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Content

Solving family disputes without the involvement of a family lawyer takes a lot of time and nerves. And as a rule, does not bring the desired result.

The legislation of Ukraine provides for several options for the registration of divorce.

These variants can be divided into 2 main groups:

• By contacting the civil registry office;

• By recourse to the court.

Divorce through civil registry office

In order to get divorced through the civil registry office, it is necessary to observe the basic conditions:

• Absence of common minor children;

• The consent of both spouses to the dissolution of the marriage.

If these conditions are met, divorce through the civil registry office is the simplest and fastest option for ending marriage in Ukraine. In order to register the divorce, both spouses need to apply to the civil registry office, at the place of registration of one of them. A joint declaration on the registration of divorce must be completed in the civil registry office.

In accordance with article 106, paragraph 2, of the Family Code of Ukraine, after submitting a joint application for dissolution of marriage to the civil registry office, spouses are given one month to withdraw the application. If within a month from the date of submission of the application from the spouses did not receive an application for review, the spouses are obliged to appear in the civil registry office on the appointed day to register the dissolution of the marriage.

But if one of the spouses has received the withdrawal of the application, the procedure is cancelled.

It is also possible to postpone the date of the state registration of the dissolution of the marriage at the written request of the spouses, but only if they for good reason cannot appear in the civil registry office on the day established for them. This procedure is regulated by article 15, paragraph 4, of the State Civil Registration Act.

In order to divorce through civil registry office , you need the following documents:

• Joint statement of spouses;

• Marriage certificate;

• Spousal passports

• Receipt of payment of state duty.

Divorce through the courts

The following factors make it necessary to divorce through the Court:

• If there are common minor children

• If one of the spouses does not agree to the divorce

Stages of divorce through court:

  • Drawing up a statement of claim;
  • Collection of necessary documents;
  • Payment of court fee;
  • Filing a lawsuit at the place of registration of the defendant;
  • Passing all stages of the judicial process;
  • Obtaining a court decision.

Divorce if there are minor children in common

In cases where there are minor children in the family and the spouses have made a mutual decision on the divorce, they have the right to file a joint application for the dissolution of the marriage with the court. But this procedure obliges them to attach to the application to the court, a copy of the contract on which of the parents the children will live with, what participation in ensuring the conditions of their life will be taken by the parent who will live separately, as well as on the conditions of his enjoyment of the right to personal upbringing of the children. This agreement does not oblige you to establish agreements on alimony, but if you decide to establish agreements on alimony, then this agreement will have to be notarized. The court will not accept your joint declaration of divorce because the contract is mandatory for this procedure. This contract will help you draw up our lawyer. This procedure is due to the fact that the State obliges spouses to decide on the future of common children.

Divorce in case one of the spouses does not agree

Article 110, paragraph 1, of the Family Code provides for the possibility of divorce at the initiative of one of the spouses. In order to initiate this procedure, one of the spouses must apply to the court for dissolution of the marriage. This category of cases entails a number of objective difficulties, but it is worth understanding that the second of the spouses cannot prevent the dissolution of the marriage in court, except that it can delay the decision. Also, a spouse who does not agree with the dissolution of the marriage has the right to apply for a period of conciliation for the spouses. In this case, the judge himself may grant the application and grant the spouses a period of reconciliation of up to 6 months, but only if it is established that the reconciliation is not contrary to the moral foundations of the society, the interests of one of the spouses or the interests of the child.

The judicial review of divorce proceedings may also be delayed if persons involved in the case do not appear at the court hearing and for whom there is no information on their notification (that they have personally received a judicial summons). Also, the consideration of the court proceedings is postponed if the party to the case duly notifies the court of the valid reason for his first failure to appear.

Divorce with a foreigner

Unlike the divorce between citizens of Ukraine, the procedure for issuing a divorce with a foreigner is not regulated by the Family Code of Ukraine.

The divorce with a national of another State often becomes a serious problem because of the uncertainty of which State is required to bring a claim before a court. If one of the spouses is a citizen of Ukraine, it is possible to do so under Ukrainian law. But since this procedure contains a lot of nuances, we advise you, before filing a lawsuit in court, to seek advice from an experienced lawyer.

What documents are necessary for divorce through court:

  • Original marriage certificate;
  • Copy of the passport and tax ID number of the plaintiff;
  • Information about the place of registration of the defendant ;
  • A copy of the birth certificate of the common child (each);
  • Receipt of payment of the court fee.

Cost of divorce in Ukraine in 2019

The fee for filing an application for divorce proceedings under article 4 of the Criminal Code “On Court Fees” in 2019 is 0.4 times the subsistence minimum for able-bodied persons, which is 768,40 UAH.

When is it impossible to divorce?

Ukrainian legislation prohibits the divorce during the pregnancy of a wife and within one year of the birth of a child.

But it is worth noting that Part 2, 3, 4 of Article 110 of the Family Code of Ukraine provides for a number of exceptions:

  • If one of the spouses has committed an unlawful conduct which contains the characteristics of a criminal offence against the other spouse or child;
  • If during the pregnancy of the wife the paternity of the child is recognized by another person;
  • Information about the husband as the father of the child is excluded from the certificate of birth of the child.


Divorce Lawyer Consultation

Divorce lawyer will give you answers to all questions of interest to you. He will explain in detail the rights and obligations of the parties in connection with the dissolution of the marriage. He will talk about the possibilities of dissolution of the marriage and which of them can be used by the spouses. Will help in the preparation of the necessary documents for the court and other bodies, as well as will take part in the court sessions in your divorce case.

Among the services of divorce counsel:

  • Consultation and collection of documents necessary for dissolution of marriage;
  • Preparation and analysis of a package of documents for drawing up and filing a claim with the court;
  • Analysis of documents and preparation of legal opinions on the basis of studied documents;
  • Formation of a legal position in the court case;
  • Representation in the court of any instance (with or without your presence);
  • Drafting contracts, applications, motions and other documents.

You will always be aware of the progress of your case:

  • Counsel will agree with you on all important issues;
  • The lawyer will explain all the obscure points;
  • Counsel will propose options for possible action;
  • The lawyer will notify every move of the case in court.