Application for divorce

Application for divorce

You can dissolve a marriage:

  • through the registry office;
  • through the tribunal.

Divorce in the registry office, as a rule, occurs faster and costs less than court proceedings. It is possible to contact the registry office if the spouses do not have common minor children, 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.

Where to file for divorce?

Our lawyers are often asked the following questions: how to write a statement of claim for divorce online? What is a claim for divorce? How to apply for divorce without presence? How to write a divorce application for spouses who do not have children? How to draw up a joint application for divorce? How to dissolve a marriage at the request of one of the spouses? You can find answers to all these questions on our website rozirvannya-shlyubu.com.ua

Apply for divorce online

Applications and documents can be submitted on the portal dracs.minjust.gov.ua. This option is convenient if, at the initial stage, it is faster for a couple to get to ONLINE services than directly to the registry office department. Obtaining a divorce certificate is only possible in person at the civil registry office.

If you want to use ONLINE services, it is important to check whether this option is available in a specific region of Ukraine. More detailed information can be obtained on the portal dracs.minjust.gov.ua.

Application for divorce through court

In such cases, divorce will occur in court:

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

The court considers property disputes between spouses and disagreements about the place of residence of minors, as well as issues of alimony payment.

It should be noted that since July 27, 2010, a divorce certificate (based on a court decision) is not issued.

Petition for divorce

According to the requirements of 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, reasons must be indicated that should convince the judge that further cohabitation of the spouses is impossible and the marriage must be dissolved.

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

Household related:

  • 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 type of divorce proceeding, the claim may be filed in any district court.

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

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

  • there is a need to divide the property of the spouses;
  • it is necessary to appeal or recognize 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 statement of claim (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:

  1. the plaintiff’s visit to court at the defendant’s place of residence is impossible for health reasons;
  2. consideration of a case regarding the collection of alimony or recognition of paternity belongs;
  3. A child under eighteen years of age lives with the plaintiff.

In other cases, the claim is filed at the place of registration (residence) of the defendant. If it is unknown to the plaintiff, a claim can be filed in court at the last known place of residence of the defendant.

If the spouses jointly agree to divorce, the consideration of the case takes at least a month. If the spouse is against the divorce, the court may set a time for reconciliation, and the matter may be adjourned for up to six months.

Documents for filing an application for divorce through court

Basic documents required to file a claim for divorce.

  • Statement of claim for divorce (in two copies).
  • Passport and taxpayer code of the plaintiff, if the initiator of the divorce is one or a spouse.
  • 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 Judicial Authority of Ukraine).
  • Marriage certificate.

Depending on the circumstances, attached to the claim.

  • Birth certificate of the child(ren).
  • Evidence confirming the existence of jointly acquired property, title documents.
  • Bank statements.
  • If available, notarized agreements on payment of alimony, place of residence of children, etc.
  • Certificates of employment of the defendant and (or) plaintiff (including salary).
  • 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.

How to file a claim for divorce

In order for the application not to be returned by the court, it is necessary to draw it up in accordance with the requirements of the Code of Civil Procedure of Ukraine. The claim is subject to the following requirements. The introductory part indicates the name and address of the court, information about the plaintiff and defendant (full name, passport details, taxpayer code, place of residence, methods of communication). 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). Attached is information about the pre-trial resolution of the dispute (agreement on children, property).

The demands of the claim are clearly stated: to dissolve the marriage, resolve the issue of paying alimony (if there is such a dispute). The documents attached to the application are listed in the form of a list. At the end of the application, the plaintiff’s signature and date are placed. It is also important to note that all copies of documents must be properly certified.

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 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 typed or handwritten.

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 express any objections, but evades the divorce at the registry office (including 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 marriage.

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

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

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

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for filing an application for divorce.

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

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

By contacting us, you are guaranteed to receive professional legal assistance in filing an application for divorce.

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