Divorce proceedings

Divorce proceedings

According to the Family Code of Ukraine, divorce in court is carried out if the spouses have minor children, one of the spouses does not agree to separate or refuses to voluntarily submit an application to the registry office. In these cases, divorce will also occur in court, regardless of whether there is an agreement between the spouses on the future place of residence of the children and the procedure for their communication with each parent.

Regardless of the court in which the spouses are divorcing, the process of divorce through the court includes several mandatory stages:

  • filing an application with the court;
  • acceptance of the statement of claim;
  • court hearings;
  • decision-making;
  • entry into force of the decision.

The length of the trial may vary greatly depending on additional circumstances. The minimum period for divorce through the court is one month. It will take another month for the divorce decision to enter into legal force.

Application for divorce through court

If divorce through the civil registry office is not possible, you must go to court to file a claim for divorce. It contains:

  • full name of the court (address, means of communication);
  • information about the plaintiff;
  • information about the defendant;
  • place and date of the marriage that needs to be dissolved (this information is confirmed by the added marriage certificate);
  • information about whether an agreement on children has been reached between the spouses;
  • if the second spouse does not agree to divorce, the initiator of the divorce must indicate the reasons why further family life is impossible;
  • required documents according to the list below.

According to the Civil Procedure Code of Ukraine, the statement of claim is filed at the defendant’s residence address. In this case, a claim for divorce may be considered in court at the plaintiff’s place of residence if a minor child lives with him or if the plaintiff’s travel to the defendant’s address is difficult due to health reasons.

Often, spouses live separately for a long time before the official divorce, and it can be impossible or difficult to determine the location of which one is the defendant. In these cases, according to the Civil Procedure Code of Ukraine, the claim may be brought against the last known place of residence of the defendant or at the address where his property is located.

Documents for divorce through court

The statement of claim to the court demanding divorce must be accompanied by a package of documents specified in the Civil Procedure Code of Ukraine:

  • a copy of the defendant’s statement of claim, certified by the plaintiff’s signature;
  • a copy of the plaintiff’s passport and taxpayer code;
  • a copy of the defendant’s passport and taxpayer code (if available);
  • original marriage certificate;
  • copies of birth certificates of minor children (the originals must be in the hands of the plaintiff);
  • receipt for payment of the court fee (for 2021 the amount is 908 UAH, 00 kopecks).

If the defendant has no objections to the divorce, his statement of consent to the divorce may be attached to the documents.

You can submit a statement of claim and a set of documents to the court office either in person or by sending it by registered mail with notification.

Divorce proceedings in court: deadlines

According to the Civil Procedure Code of Ukraine, within five days from the receipt of the statement of claim, the judge considers the issue of accepting it into proceedings. The application may be returned if:

  • the case is not within the jurisdiction of this court;
  • the claim was filed by an incapacitated person;
  • the statement of claim is not signed;
  • before the court’s decision was made, the plaintiff filed an application to return the claim.

The judge, if the application is returned, makes a ruling in which he indicates which court has jurisdiction over the case, or what specific deficiencies need to be eliminated in order to consider the claim. The said determination is sent to the plaintiff for further elimination of shortcomings. After this, the man must eliminate the shortcomings indicated by the court and send him back to court.

If the statement of claim for divorce is not signed or the entire set of necessary documents is not attached to it, the judge, in accordance with the Civil Procedure Code of Ukraine, may make a decision to leave the statement of claim without progress. If the plaintiff complies with all of the judge’s instructions listed in the ruling within the prescribed period, the application will be accepted on the date of its initial submission to the court.

After the application from the man acting as the plaintiff is accepted for proceedings, a date for the preliminary court hearing is set. During it, the judge checks the readiness of the case materials for consideration, clarifies the motive for divorce, invites the parties to reconcile and conclude a settlement agreement.

Court hearings during divorce proceedings

Based on the results of the previous meeting, the divorce case is considered prepared for consideration. According to the Civil Procedure Code of Ukraine, after this the judge schedules a court hearing. The first meeting in the case of divorce takes place no earlier than a month after filing the statement of claim. Spouses or their representatives must be notified of the date and time of the hearing.

The court may notify the hearing date in several ways in accordance with the Civil Procedure Code of Ukraine:

  • by registered letter with return receipt requested;
  • in another way (for example, by SMS message).

A petition can be added to the statement of claim regarding how it is convenient for the applicant to receive subpoenas; it is in any form. If the best method of notice or contact information changes during the course of litigation, a re-petition must be filed with this information.

Presence of parties to divorce in court

At court hearings, it is desirable for both parties to be present, but sometimes a man who does not want to get a divorce mistakenly believes that his absence in court will allow the case to be dismissed and the marriage to be saved. Moreover, if one of the spouses does not appear at the hearing, provided that he was notified of the date and time of the hearing, the proceedings may take place without his participation. But at the discretion of the judge, the hearing may be rescheduled to allow the defendant to attend on another date. However, most often, after the third failure of the defendant to appear without good reason, the case will be considered without him.

The court must make a decision on divorce or a ruling on termination of the case in connection with the reconciliation of the spouses. This result is possible only by mutual consent of the spouses, or if both parties fail to appear at the hearing. It is believed that in this case the spouses no longer intend to divorce.

If, during the trial, the defendant communicates his disagreement with the termination of the marriage, the judge, according to the Family Code of Ukraine, has the right to assign the family a period for reconciliation of no more than six months. This measure sometimes allows you to improve relationships and save the family. If after this period the spouses fail to reconcile, the judge decides on divorce.

How to get a divorce certificate after trial

The court decision on divorce comes into force one month after its adoption. This period is given to spouses to appeal the decision to the appellate authority. If during this period neither party appeals the decision, it enters into legal force. After this, the ex-spouse must receive a copy of the court decision, which will be the final document confirming the fact of divorce.

We remind you that since July 27, 2010, a divorce certificate (based on a court decision) is not issued.

Divorce proceedings

The legal proceedings for divorce can take several months. At the same time, spouses can file an application with the court for the division of property and/or for the collection of alimony. These circumstances can significantly prolong the trial process. Therefore, such cases are often considered in separate proceedings after the official divorce.

Services of a family lawyer

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

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

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

By contacting us, you are guaranteed to receive professional legal assistance in the divorce process.

 

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