Application for divorce

Application for divorce: where to file?

You can dissolve a marriage:

  • through the registry office;
  • through the court.

Divorce in the registry office, as a rule, occurs faster and costs less than court proceedings. It is possible to contact the department only if the spouses do not have common minor children, there is no dispute about the division of property, and both parties agree to divorce (with the exception of some cases).

You can submit an application for divorce to the registry office online. To do this, you need to register on the portal dracs.minjust.gov.ua and confirm your identity. After identification, the user has access to services provided in the region. More detailed information about the possibilities of electronic application submission can be found on the website or by contacting the support service.

Filing an application for divorce is carried out according to the following algorithm:

  • In the catalog, select the section “Application for state registration of divorce”
  • Select the type of application “On divorce of spouses without children”;
  • Select the required civil registry office;
  • Choose a convenient day and time;
  • Fill in information about husband and wife;
  • Add (attach) documents to the application;
  • Appear in person at the registry office on the day and time of your choice.

Application for divorce: answers from a lawyer

Our lawyers are often asked the following questions: how to draw up an application for divorce without being present? How to write a statement of claim for divorce and alimony? How to file a divorce petition online? How much does a divorce application cost? How to dissolve a marriage at the request of one of the spouses? How to draw up a joint application for divorce? How to draw up an application for refusal of a claim for divorce? You can find answers to all these questions on our website rozirvannya-shlyubu.com.ua

Apply for divorce online

If an application for divorce is submitted by mutual consent, then in essence the spouses go through the full divorce cycle: from filing an application to receiving a certificate from the registry office, the period for providing the service is approximately 30 days. However, to obtain a divorce certificate, you will have to personally contact the civil registry office.

All fields in the application are filled in, and the man’s details are also indicated. After filling out the form remotely, you must visit the registry office to obtain a divorce certificate.

In the event of a divorce, each party to the family relationship must pay a state fee for the divorce service. According to the current tax legislation, the following amount of state duty is established: 1) by mutual agreement of spouses who do not have minor children → 0.5 of the tax-free minimum income of citizens; 2) with persons recognized as missing or incompetent in accordance with the established procedure → 0.03 of the tax-free minimum income of citizens.

To invite a divorce service through the web portal “Appeal in the field of state registration of acts of civil status”, you must be registered on it and authorized in your personal account. Your account on the web portal must be verified.

If you want to use online services, it is important to check whether this option is available to you, that is, whether you are registered on this web portal. If difficulties or questions arise while working with the web portal, you can contact the employees of the civil registry office nearest to you for help.

Application for divorce through the court

In such cases, divorce will occur in court:

  • the husband and wife have common minor children (it does not matter whether the spouses agree to divorce or not);
  • one of the parties does not want to dissolve the marriage;
  • the spouse does not speak out against the divorce, but avoids writing a statement to the registry office.

The court considers property disputes of spouses and disagreements about the place of residence of minor children, as well as issues of alimony payments.

Claim for divorce through the court: reasons for divorce

According to the Family Code of Ukraine, it is not necessary to indicate the reasons for divorce in the statement of claim if the spouses agree to it. If only one party is interested in dissolving the marriage, motives that will convince the judge that further cohabitation of the spouses is impossible.

When analyzing judicial practice, the following reasons for divorce can be identified:

  • related to everyday life:
  • problems with alcohol, gambling or drug addiction;
  • problems of a material nature associated with the reluctance of one of the parties to provide for the family, parasitism, wastefulness;
  • irresponsible approach to family life, immoral behavior;
  • domestic violence (beatings, insults, etc.);
  • personal problems:
  • loss of feelings of love and (or) respect;
  • hostility towards a partner;
  • difference in views on family values and goals in life, for example, a husband’s dissatisfaction with the fact that his wife is a careerist.

Lawyers advise stating the reasons clearly and without unnecessary emotional overtones. Whenever possible, facts are documented. If we are talking about a man’s addiction, a certificate from a drug treatment clinic is added. If a man is accused of assault, he should contact the police to document the beatings.

A common cause of divorce is adultery. You should not describe details in the statement; it is enough to mention the fact and, if possible, invite witnesses.

Which court to file for divorce in?

The court considers cases of divorce if the spouses have children under 18 years of age and (or) one of the parties does not agree to dissolve the union. Depending on the circumstances of the case, it is necessary to determine the jurisdiction of the case.

A divorce case is filed in court in the following cases:

  • the spouse has no dispute about the children, however, the children are minors;
    spouses have no conflicts regarding the division of jointly acquired property.

If the parents have resolved the dispute about the children on a voluntary basis, but cannot independently establish the procedure for paying child support, the case will be considered in the district court.

You must contact the district court if at least one of the following circumstances exists:

  • the presence of common property to be distributed;
  • it is necessary to appeal or confirm paternity (maternity);
  • we are talking about deprivation or restriction of parental rights;
  • other disputes about children are considered, for example, establishing the child’s place of residence, the schedule of visits with him.

The plaintiff has the right to combine several related demands in one application (according to the Civil Procedure Code of Ukraine).

An application for divorce may be considered by the court at the plaintiff’s place of residence in the following cases:

  • the plaintiff’s visit to court at the defendant’s place of residence is difficult due to health conditions;
  • consideration of a case on withholding alimony or establishing paternity belongs;
  • the child lives with the plaintiff and is his dependent.

In other cases, the claim is filed at the defendant’s place of residence. If it is unfamiliar to the plaintiff, you can sue at the last known place of residence of the defendant (Civil Procedure Code of Ukraine).

If the spouses jointly agree to divorce, the proceedings will take at least a month. If the spouse is against dissolution of the union, the court may set a time limit for reconciliation, and the matter may be postponed for no more than six months.

Documents for filing an application for divorce

Basic documents required to file a claim:

  1. Statement of claim for divorce (in two copies).
  2. Passport and taxpayer code of the plaintiff, if the initiator of the divorce is one or a spouse.
  3. Receipt for payment of the court fee (divorce through the court) (details can be found directly in the court, or on the website of the judiciary).
  4. Marriage certificate.

Depending on the circumstances, attached to the claim.

  1. Birth certificate of the child(ren).
  2. Evidence confirming the existence of jointly acquired property, title documents.
  3. Bank statements.
  4. If available, notarized agreements on payment of alimony, place of residence of children, etc.
  5. Certificates of employment of the defendant and (or) plaintiff (including salary).
  6. Documents confirming the place of residence of the spouses (extracts from the house register, certificates of residence).

It is necessary to add to the statement of claim for divorce copies of all documents for the defendant, except for the receipt for payment of the court fee. Please note that only the original receipt for payment of the court fee is attached to the statement of claim. The list of documents depends on the circumstances of the divorce, the presence of property and other disputes. It is important to provide the court with all the evidence supporting the stated claims.

If we are talking only about divorce, the amount of the court fee will be 908 UAH. (as of 2021). If there are other requirements (for example, division of marital property), the amount of the court fee will increase and will depend directly on the cost of the claim.

How to file a claim for divorce

In order for the statement of claim not to be returned by the court, it is necessary to draw it up in accordance with the rules of the Code of Civil Procedure of Ukraine. The claim is subject to the following requirements.

  1. The introductory part indicates the name and address of the court, information about the plaintiff and defendant (full name, place of residence, methods of communication).
  2. The content part briefly outlines the reasons and circumstances of the divorce, and addresses other issues related to the process (division of property, determination of the place of residence of children, etc.).
  3. Attached is information about the pre-trial resolution of the dispute (agreement on children, property).
  4. The demands of the claim are clearly stated: to dissolve the marriage, resolve the issue of paying alimony (if there is such a dispute).
  5. The documents attached to the application (appendices) are listed in the form of a list.
  6. At the end of the application, the plaintiff’s signature and date are placed.

If difficulties arise, it is recommended that you obtain legal advice. A well-drafted application with specifically defined requirements speeds up the process and increases the likelihood of the claim being granted.

When writing a statement of claim for divorce, you can use the following templates:

  • without consent and without children;
  • with kids;
  • on behalf of the spouse;
  • on behalf of a man;
  • with the consent of the spouses;
  • when one of the spouses does not agree;
  • on the division of property;
  • on the collection of alimony;
  • on determining the child’s place of residence.

The above samples are provided for informational purposes. If necessary, some language may be used to describe a specific situation. The application can either be printed or written by hand.

Application for divorce to the registry office

You can submit an application for divorce to the registry office if the following conditions are met.

  1. Mutual consent of the spouses to divorce.
  2. No common minor children.

If one of the spouses does not object, but evades the divorce at the registry office (from filing an application), then the divorce occurs in court.

State registration of a divorce is carried out by the civil registry office at the place of residence of the applicants (one of them) or at the place of registration of the marriage.

To register divorce by mutual consent, applicants attach the following documents to the completed form (application for divorce).

  1. Identity card of applicants (passport).
  2. Marriage registration certificate (original).
  3. Receipt for payment of state duty.

Typically, civil registry offices do not accept divorce documents without paid fees. A receipt can be obtained during your visit. To save time, before contacting the civil registry office, you can find out the details on the government agency’s website and pay the state fee in advance. Or do it directly at the registry office.

If spouses have unresolved financial and (or) property disagreements, they will be considered in court, regardless of the fact that the marriage was dissolved by the civil registry office of Ukraine

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up an application for divorce.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or a lawyer, your case of filing a divorce application will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in filling out an application for termination.

Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

You deserve our professional legal help!

Take the first step towards your victory in the legal case of filing a notice of termination, call or write to a lawyer and you will receive answers to all your questions.

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