Divorce in district court
The law requires divorce through the courts if the spouses have common minor children. At the same time, the statement of claim for divorce may contain several interrelated demands, which will determine in which court the case will be heard. If the parties have a dispute about the procedure for raising children or the division of property, or during the divorce process an agreement on the payment of child support concluded during the marriage is disputed, then the claim should be filed in the district court.
Going to court comes from a statement of claim. It must meet strictly established requirements and rules of the Civil Procedure Code of Ukraine. At the same time, in order for the court to be able to objectively assess all the circumstances of the case and make a decision on divorce, the application must reflect all the motives that prompted the plaintiff to divorce. If there is a dispute about children, the court will take other important circumstances into account.
Divorce through a district court
According to the family legislation of Ukraine, if spouses have children, the law allows divorce only through the court, even if the process of divorce occurs between them by mutual consent. However, before filing a claim, it is necessary to determine which court has jurisdiction over the case.
An application for divorce, regardless of the judicial authority, is submitted at the place of residence of the defendant, that is, to the second spouse. However, if minor children live with the plaintiff, then it will be possible to submit an application at the plaintiff’s place of residence.
According to the norms of Ukrainian legislation, you can file an application for divorce in court even if there is no dispute about children between the parties. From judicial practice it can be determined that disputes regarding children include the following types of claims:
- on determining which parent the child will live with in the event of a divorce;
- on the procedure for the exercise of parental rights by parents living separately from the child – establishing the procedure for communicating with the child, participating in his upbringing and the possibility of resolving issues regarding the child’s education;
- about eliminating obstacles in communication with the child;
- about issues related to termination or limitation of parental rights;
- about challenging paternity or maternity.
The judge may decide to transfer the case to another court. For example, if during the consideration of the case it became known that the child still lives with the defendant and is dependent on him, and not with the plaintiff, as stated in the claim.
How to get a divorce through the district court?
The list of main issues that are considered by the court when making a decision on divorce is established by the Family Code of Ukraine.
First of all, when going to court, the plaintiff will need to describe the motives that prompted him to dissolve the marriage. The exact list of grounds that should be described in a statement of claim is not established by the laws of Ukraine, however, analyzing judicial practice, we can conclude that the court mainly takes into account the following factors:
- economic – lack of funds;
- physiological – the presence of a serious illness in one of the spouses;
- psychological – lack of love and harmony in relationships;
- immoral behavior of one of the spouses, putting the family in a difficult situation – alcohol or drug abuse, extravagance, etc.
When resolving a dispute about the place of residence of children, the financial situation of the spouses, the level of attachment of the child to each parent, the moral qualities of the parties and other circumstances will also be taken into account, making it possible to assess with whom it would be better for the child to stay. Moreover, if the minor is over 10 years old, the court will take into account his opinion when making a decision.
Basically, the child is left to live with the mother, but in some cases decisions may be made in favor of the father, for example, if:
- leads an immoral lifestyle and shows aggression towards the child;
- suffers from alcohol or drug addiction;
- seriously ill and unable to hold the child;
- there is not enough space for the child to live.
In order to recognize the child as his own, the father will need to provide in court all kinds of documentary evidence and testimony confirming that leaving the child with the mother will have a detrimental effect on his development. As a rule, in practice it is quite difficult to prove this.
Also, upon divorce, the court may decide the issue of communication with the child if there is reason to believe that the man with whom the minor will live will interfere with the exercise of parental rights by each parent. The court appoints the place, time, and duration of communication, taking into account the following circumstances:
- child’s age;
- his state of health;
- level of commitment to each parent;
- other circumstances affecting the physical and mental health of the child.
Application for divorce to the district court with children
Statement of claim for divorce in the event of a dispute about a child
An application for divorce in the event of a dispute about children must be drawn up according to the rules of the Civil Procedure Code of Ukraine and contain the following information:
- Name and address of the court to which the application is being filed.
- Full name, place of residence, passport details, contact details of the plaintiff and defendant.
- The title of the claim is “On divorce and determination of the place of residence of children.”
- The descriptive part contains the following information:
- Date of marriage and name of the body in which registration took place, as well as information about common children (full name, age).
- An indication on the basis from which it follows that the plaintiff considers the further extension of the marital relationship impossible. For example, the defendant leads an asocial lifestyle, does not take part in supporting the family, and does not work.
- Indication from what moment the marital relationship between the spouses was actually terminated (year, month).
- The circumstances under which the plaintiff must live with the child are described. For example: “at the plaintiff’s place of residence there are all the necessary conditions for the full development of the child.” In addition, if there are circumstances in which the defendant’s living with the child will harm his development, then these circumstances must also be identified.
- Bringing the legal acts on which the plaintiff’s position is based.
- Description of the requirements on which a decision must be made: “I ask the court to dissolve the marriage and leave the child to live with the plaintiff.”
- Description of copies of documents attached to the claim (applications):
- passport and taxpayer code of the plaintiff;
- passport and taxpayer code of the defendant (if available);
- children’s birth certificate;
- marriage certificate;
- receipt for payment of the court fee;
- other documents confirming the substantiation of the plaintiff’s position.
In order for the court to accept the statement of claim, you must pay the court fee and attach the original of this receipt to the claim.
The court fee is paid for each claim specified in the claim. For example:
- if the issue of communication with the child is additionally resolved, an additional court fee in the amount of 908 UAH is payable. 00 kop. – as a requirement of a non-property nature;
- for a claim to determine the child’s place of residence, a court fee in the amount of 908 UAH is also paid. 00 kop.
Statement of claim for divorce in the district court
After filing the application, the court makes a decision within five days on whether to accept the claim. As a rule, a court hearing is scheduled no earlier than a month after its adoption.
At the first court hearing, the judge finds out the reasons for the divorce. According to the family legislation of Ukraine, if one of the spouses does not appear at the hearing or does not give his consent to the divorce, then the court, having assessed the circumstances of the divorce, may issue a ruling to postpone the court hearing for reconciliation of the parties for up to six months. At the same time, a complaint cannot be filed against the court’s ruling on setting a period for reconciliation of the parties, because it does not exclude the possibility of further progress of the case.
During the consideration of the case, according to the Family Code of Ukraine, the court must determine with whom the parent the minor will live, as well as from whom and in what amount alimony will be collected. Regarding other disputes, such as division of property, they will be considered only if the parties have made a corresponding demand.
If the reason for going to the district court was a dispute over the upbringing of children, then, in accordance with the Family Code of Ukraine, the guardianship and trusteeship authorities must be involved in the case. They are obliged to examine the living conditions of the child and the persons applying to live with him, and provide the court with the corresponding inspection report.
Court decision on divorce
If measures to reconcile the spouses are unsuccessful and during the consideration of the case it is established that further life together for the spouses is impossible, then the judge makes a decision on divorce.
A marriage is recognized as terminated from the moment the court decision enters into legal force, that is, after 30 days have passed for appealing it. If one of the parties does not agree with the decision made, then it has the right to send an appeal to the appellate court. Thus, the decision will come into force after its consideration in the court of second instance and the adoption of the appropriate resolution.
Services of a family lawyer
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