Divorce

Family lawyer
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Candidate of Legal Sciences
Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Dissolution of Marriage” I will tell you about divorce: the features of divorce with a lawyer, about divorce through the registry office, about divorce online via the Internet, about divorce through the court, about the procedure for filing a claim for divorce and about divorce from a foreigner. Read the article to the end and contact our law firm for legal assistance in family matters.

Divorce: features of divorce with a lawyer

Divorce is a procedure for official state registration of the dissolution of a marriage. As a result of the action, the registry office or the court issues a record of divorce.

Family law attorneys offer legal divorce services. The price for this service is indicated for a complete package of documents, both for filing a statement of claim and for obtaining a court decision.

As a result, the divorce process is accompanied by our lawyers from the moment the claim is filed in court until the receipt of a court decision with a court seal. We confidently recommend entrusting your divorce to an experienced family law attorney.

With us you can choose the package of services you need, from “Minimum”, which only provides for the writing of a claim by a lawyer, to “Maximum”, which includes full support of the process, including the participation of a lawyer in court hearings.

Divorce through the registry office

Divorce is carried out by submitting an application to the registry office to the spouses (i.e., both parties must wish to dissolve the marriage and sign an application to this effect). At the same time, the spouses should not have minor children at the time of filing the application for divorce.

To apply for divorce, you will need to have passports and a marriage certificate of the persons wishing to divorce with you.

An application for registration of divorce is submitted to the registry office. The application is drawn up jointly by the spouses at the registry office; it does not need to be drawn up in advance.

If one of the spouses cannot physically appear at the registry office to file an application for divorce, he can have this application certified by a notary and submit it through the other spouse. In this case, the application can indicate that the issue of filing a divorce is being considered without his participation.

It should be noted that a marriage cannot be dissolved earlier than one month from the date of filing an application for divorce with the registry office. Within a month, the spouses can reconcile, resume relations and withdraw the application for divorce. In this case, one of the spouses can withdraw the application for divorce through the registry office.

If the application for divorce is not withdrawn within a month, the marriage will be dissolved by the registry office.

It is also possible to dissolve a marriage through the registry office if one of the spouses is declared missing or incompetent.

Divorce online via the Internet

Since 2015, an application for divorce through the registry office can be submitted without leaving home via the Internet. The submission process is established by the order of the Ministry of Justice of Ukraine “On the introduction of a pilot project on filing applications in the field of state registration of acts of civil status via the Internet” and “The procedure for consideration by departments of state registration of acts of civil status – participants in the pilot project of applications in the field of state registration of acts of civil status submitted via the Internet.”

An application for divorce via the Internet is submitted only for those cases, as well as for divorce through the registry office, as mentioned above. Such an application for registration of divorce is submitted at the place of residence of one of the spouses.

To submit an application for divorce, you must register on the web portal of the Ministry of Justice of Ukraine “Appeal in the field of state registration of acts of civil status”.

After registering on the portal, you need to enter the necessary data about the spouses who are going to divorce in an electronic form, attach scanned copies of documents, namely:

  • passports of spouses;
  • marriage registration document (if the marriage was registered outside of Ukraine);
  • receipts for payment of state fees for divorce.

After the divorce application has been correctly completed, the originals of these documents will need to be presented later at the registry office.

Divorce through court

A marriage can be dissolved exclusively by judicial procedure in the following cases:

  1. spouses have minor children
  2. one of the spouses is against divorce

A claim for divorce cannot be filed in court if the wife is pregnant and before the child reaches 1 year of age.

Based on the results of consideration of the application for divorce (dissolution of marriage) filed with the court, the court makes a decision. The decision on divorce comes into force 30 days after the court hearing, and is sent by the court to the registry office.

Documentation of the divorce (entry in the register, passport) is carried out from the court decision on divorce.

Procedure for filing a claim for divorce

Today, there are two options for filing a claim for divorce in court: by filing a joint application of the spouses or filing a claim by one of the spouses.

Claims for divorce are filed in local courts (district courts).

The option of filing a joint application between spouses is rarely used in practice, since in order to submit such an application, you must also submit to the court an agreement “On the upbringing and provision of a child after divorce.” Such an agreement is concluded between spouses and certified by notaries.

Since few notaries in Ukraine witnessed such agreements due to the lack of relevant practice, we recommend the option of filing a claim in court from one of the spouses.

A claim for divorce at the request of one of the spouses is prepared by our lawyers and filed at the place of residence of the applicant (if a minor child lives with him) or at the place of residence of the defendant.

In the claim for divorce, it is necessary to indicate the return of the premarital surname or to leave the surname received at the time of marriage.

Divorce with a foreigner

The procedure for dissolving a marriage with a foreigner differs from the procedure for dissolving a marriage between citizens of Ukraine.

If the marriage took place in Ukraine, one of the spouses has the right to apply to the local court with an application for divorce (claim).

The divorce will be registered by the registry office on the basis of a court decision.

What documents are attached to the claim for divorce?

To file a divorce by filing a claim, the following documents are required:

  1. plaintiff’s passport
  2. marriage certificate
  3. birth certificate of the child(ren)

For a claim for divorce, you must pay a court fee in the amount of 0.4 of the subsistence minimum for able-bodied persons.

The statement of claim for divorce, along with the original receipt for payment of the court fee and certified copies of documents, is sent to one of the courts.

In order to correctly draw up divorce documents, we advise you to contact a lawyer who specializes in family law.

Also on the site rozirvannya-shlyubu.com.ua the following materials may be useful for you: Collection of alimony, Division of marital property, Deprivation of parental rights, De facto marital relations, Adoption of a child, Parents’ right to a child, Father’s rights to a child.

How long does a divorce case last?

It should be understood that if the claim for divorce is filed incorrectly, the court may leave it without progress or return it, which will significantly delay the process of resolving this issue. In this regard, it is recommended to contact lawyers practicing family law to prepare the necessary documents.

After filing an application for divorce (claim) to the court, the court schedules a hearing on the case 3-4 weeks from the date of receipt of the claim. This period is average for Ukraine.

If the spouses enter the first court hearing and admit the claim, the court makes a decision on divorce, which enters into legal force within 30 days.

Spouses who object to the dissolution of the marriage and wish to reconcile have the right to petition the court to provide time limits for reconciliation. Depending on the circumstances of the case and the opinion of the other spouse, the court may stop the proceedings and give the parties a period for reconciliation, which cannot exceed 6 months.

If the defendant does not attend the first hearing, the court postpones the hearing for another 2-4 weeks, after which it makes a decision in absentia.

Thus, the period for consideration of a case from the moment of filing a claim in court until the receipt of a court decision with a stamp of entry into force can range from 2 to 8 months.

After receiving a court decision on divorce, it is submitted to the civil registry office, where the divorce is registered in the relevant registers.

According to today’s standards, a mark on divorce is not placed in the passport. At this stage, the divorce will be considered completed.

Monitoring the divorce case in court, messages from the parties via SMS

When filing a claim for divorce in court, we also submit an application to inform the parties via SMS. This relieves the court of the need to send subpoenas by mail and speeds up the scheduling of court hearings in the case.

Also, all filed divorce claims are tracked in the Verdictum system, which puts the case under control; we quickly receive information about who the case is assigned to, whether proceedings have been opened and when the next court hearing is scheduled.

If the defendant does not object to the dissolution of the marriage, but the family has a dependent child, dissolution of the marriage is possible through the court.

In order for the consideration of the divorce case to be carried out in one meeting, without the participation of the parties, we prepare an application for recognition of the claim, which is signed personally by the defendant and submitted to the court.

Obtaining a decision on divorce from the court office

We take care of all the worries about obtaining a court decision on divorce.

To do this, we write an application, submit it to the court office, after which we receive a decision with a note about its entry into legal force. This frees the client from having to repeatedly visit the court to obtain documents.

Family lawyer
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