What is needed for a divorce

What do you need to divorce your husband or wife?

Termination of marriage in accordance with the Family Law of Ukraine, depending on the circumstances, can occur in several ways. Divorce of spouses who have common minor children is carried out in court – in a district court. Divorce of a marriage of spouses who do not have children, or children who have already reached the age of majority, occurs in the civil registry office at the place of registration of the marriage or the place of residence of one of them, if there is mutual consent of the spouses, and in the absence of disputes about the division of property.

Divorce in court occurs if one of the spouses does not agree to end the family relationship, refuses to jointly submit an application to the registry office, and also if the married couple has children in common who are not yet 18 years old.

For each of these cases, the procedure for filing an application and the time frame for its consideration in the appropriate authority will differ (as well as the list of necessary documents, the amount of the state duty or court fee for divorce, etc.).

Documents for divorce

According to the provisions of the Family Code of Ukraine, the basis for termination of a marriage can be an application from both spouses, as well as the guardian of the incapacitated spouse, which, depending on the life situation, will need to be submitted to the registry office or to the court:

In accordance with the current legislation of Ukraine, divorce in the civil registry office can only occur by mutual consent of spouses who do not have common minor children. A marriage can be dissolved in the civil registry office without the participation and consent of the spouse only in cases provided for by the current legislation of Ukraine.

The grounds for divorce through court are:

  1. presence of common minor children;
  2. lack of consent to divorce of one of the spouses or his avoidance of filing an application;
  3. dispute over the division of the spouses’ common property.

In the statement of claim filed in court by the spouse, it will be necessary to clarify why further extension of family life is impossible. The reasons are often given as bad habits of a man (alcoholism, drug addiction), long-term separation, lack of mutual understanding in the family, etc. If the divorce is registered at the registry office, then the reasons for the termination of the family union do not need to be indicated.

How much does divorce cost: help from a lawyer

Our lawyers are often asked questions such as: How much does a divorce cost? How to write a divorce petition if you have children? How to divorce through court with children? How to divorce a marriage through the registry office? How to dissolve a marriage at the request of one of the spouses? How to divorce online? How to file a claim for divorce online? How to get a divorce certificate online? You can find answers to all these questions on our website rozirvannya-shlyubu.com.ua

What is needed to divorce a marriage with children?

To file a divorce in court for spouses who have common minor children, the following is required:

Determine which court will hear the divorce case. Jurisdiction of a divorce case depends on where the parties live, who the child(ren) live with, and who is supporting the child.

According to the Civil Procedure Code of Ukraine, the court can resolve the issue of the place of residence of a minor child with one of the parents simultaneously with the requirement for divorce in the absence of a dispute about the residence of the child

If the spouses could not agree on with whom the minor child will remain, then they will be able to divorce only in a district court according to the general rules of jurisdiction. At the same time, simultaneously with the divorce process, the court may also consider the issue of dividing the property of the spouses.

File a claim for divorce. A man acting as a plaintiff must go to court at the defendant’s place of residence. However, if minor children live with him, it is possible to submit an application at his place of residence, but this fact must be submitted to the appropriate document (for example, a certificate of family composition). To the completed claim, you must add copies of the marriage registration certificate, children’s birth certificates, a copy of the passport and a receipt for payment of the court fee. All these applications must be properly certified.

After the court accepts the application for consideration, a date will be set for the preliminary hearing, and then for the main hearings. According to the Code of Civil Procedure of Ukraine, a preliminary court hearing is held to check the readiness of the case for consideration. The main hearings are scheduled no earlier than a month after the claim is accepted for consideration.

After considering the case, the court makes a decision on divorce. It comes into force 30 days after adoption. Based on this decision, the marriage is considered dissolved. We remind you that since July 27, 2010, a divorce certificate (based on a court decision) is not issued.

Breaking up a marriage if there is a small child

Thus, the Family Legislation of Ukraine guarantees the protection of the family, motherhood and childhood; the divorce of spouses who have common children under one year of age has several features:

Divorce of a married couple with a child under one year old can occur only if paternity is recognized by another person or, by a court decision, information about the child’s father is excluded from the child’s birth certificate. Also, a claim may be filed if one of the spouses committed unlawful behavior containing elements of a crime against the second spouse or child

According to the Family Code of Ukraine, a claim for divorce until the child turns one year old will not be considered by the court. This rule serves to protect the rights and interests of the mother and baby, who in this situation are in a more vulnerable position.

The divorce of spouses with minor children occurs in court in accordance with the general procedure. In this case, both the wife and the husband can be the plaintiff. However, the divorce process if there is a small child can drag on for several months. The judge has the right to assign the spouses a period for reconciliation of no more than six months.

In addition, in this case, the ex-wife has the right to receive alimony not only for the maintenance of the children, but also for her own maintenance until the child turns three years old. This issue can be considered by the court both together in one proceeding with the divorce case, and separately from it. Alimony for the maintenance of the ex-wife is assigned as a share of earnings, or in a fixed sum of money, which depends on the general level of income of the husband.

What does it take to get a divorce by common consent or without the man’s consent?

Divorce without the consent of a man is possible only through the courts. Family law provides only two exceptions to this rule (when you can get a divorce through the registry office without the consent of the second spouse):

  • if the spouse is declared incompetent;
  • if the husband or wife was declared missing.

In such situations, in addition to a passport and a receipt for payment of the state fee, in order for the registry office to accept the application, an appropriate court decision confirming the relevant legal facts is required. In other cases, divorce without the man’s consent is only possible through the court.

Divorce can be filed by common consent of the spouses through the civil registry office only for spouses who do not have common minor children and do not have property disputes. In this case, the divorce takes place at the civil registry office at the place of residence of the spouse or at the place of registration of the marriage. You can also submit an application online on the portal dracs.minjust.gov.ua.

It is necessary for both of you to contact the civil registry office in person for a divorce by mutual consent. The official divorce occurs one month after filing an application in the prescribed form. On the appointed day, the ex-spouse must appear at the civil registry office to obtain a divorce certificate. The marriage will be considered terminated from the moment the corresponding entry is made in the civil registration book.

What does it take to file for divorce?

The package of documents required for divorce is different for the civil registry office and the court. The amount of state duty or court fee that must be paid for the statement of claim and for obtaining a divorce certificate also differs.

In order to get a divorce in court, it will be necessary:

  • file a statement of claim demanding divorce;
  • pay the court fee;
  • the application must be supported by the necessary set of documents (copy of passport and taxpayer code, marriage certificate, birth certificates of children, receipt of payment of the court fee);
  • appear at the preliminary hearing and later at the main hearing;
  • obtain a copy of the court decision on divorce.

To get a divorce at the registry office, spouses must fill out an application for divorce in the approved form, pay the state fee, and thirty days after submitting the documents, appear at the registry office and receive a certificate of divorce.

What is needed for a divorce in the registry office without children and division of property

As stated earlier, divorce administratively occurs by mutual consent of the spouses if they do not have common minor children, therefore the two of them must appear at the registry office. To apply for divorce, spouses must present the following documents:

  1. passports;
  2. marriage registration certificate;
  3. a receipt confirming payment of the state duty.

After checking the documents by an employee of the registry office, the spouses must fill out a divorce application form and support it with signatures.

Download a sample application for divorce

A month after submitting the application and documents, the ex-spouse needs to visit the registry office again to receive ready-made divorce certificates. Let us remind you that as of July 14, 2016, the norm regarding the inclusion of a divorce mark in a passport has been abolished.

What do you need to file for divorce through court?

To dissolve a marriage in court, one of the spouses acting as a plaintiff must file a corresponding statement of claim. It is drawn up in written form (printed or handwritten) and must contain information about:

  • judicial authority (name, address, means of communication);
  • plaintiff and defendant (full name, address, place and date of birth, passport details and taxpayer code, means of communication);
  • reasons why further extension of family life is impossible.

A receipt for payment of the court fee is attached to the application. It is paid only by the plaintiff; the amount of the court fee for filing a statement of claim for divorce in 2021 is 908 UAH. 00 kop. The following must also be attached to the claim:

  • a copy of the plaintiff’s passport and taxpayer code;
  • a copy of the defendant’s passport and taxpayer code (if);
  • a copy of the marriage certificate;
  • copies of children’s birth certificates.

The application may be accompanied by additional requests. For example, the plaintiff may file a request to consider the case without his participation and presence. You can also display a priority method for notifying parties of the date and location of a hearing.

If the spouses have come to an agreement in court about the place of residence of the children after the divorce and the order of their communication with each parent, then this can also be added to the application in writing. Having agreements in place will help speed up the divorce process.

If the statement of claim is drawn up correctly and meets all the requirements of the Code of Civil Procedure of Ukraine, then the court accepts it for consideration and sets a date for the hearing. If at the meeting the husband or wife who is the defendant argues that it is possible to save the family, then the court may assign the spouses a period for reconciliation of no more than six months. However, failure of the other party to appear at the hearing without good cause cannot invalidate the divorce. The court hearing may be rescheduled, but after the second rescheduling, the court makes a decision on divorce without the presence of the defendant (court decision in absentia).

As a result of the hearings, the court makes a decision on divorce, which comes into force after thirty days. Former spouses receive copies of this decision. The marriage ends on the day the court decision on divorce comes into force.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce from your husband or wife.

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 lawyer, your case of divorce from your husband or wife will be resolved more professionally and quickly. By contacting us, you are guaranteed to receive professional legal assistance for divorcing your husband or wife.

 

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