- How to delay the divorce case in Ukraine?
- The term for reconciliation, as a way to delay the divorce case in Ukraine
- Filing a parallel claim to delay a divorce in Ukraine
- Absence in court during divorce proceeding in Ukraine
- How to track your case during the divorce process through the court in Ukraine?
How to delay the divorce case in Ukraine?
In the article “How to delay the divorce case?” I will tell you what is the time limit for reconciliation and how can you use it to delay the divorce case, how to file for a parallel lawsuit in order to prolong the divorce, whether is it possible to be absent in the court during the process of marriage dissolution, how to track your case during the divorce through the court.
Be sure to read the article “How to delay the divorce case?” on the website advokat-family.com.ua to the end and you will learn a lot of interesting things about how to delay the divorce case.
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The term for reconciliation, as a way to delay the divorce case in Ukraine
As you know, measures to reconcile spouses are provided for by Art. Of the Family Code of Ukraine, if this does not contradict the moral principles of society. By applying for a time limit for reconciliation, a determined defendant will be able to delay the divorce case.
Due to the fact that the courts should avoid formalism considering divorce cases, fully and comprehensively find out the actual relationship of the spouses, the real reasons for the claim for divorce, take into account the presence of a minor child, a disabled child and other circumstances of the spouses, ensure the participation of both of the parties, the court is most likely satisfy the defendant’s statement and set a period for reconciliation of the spouses from 1 to 6 months in accordance Art. 240, art. 251 of the Civil Procedure Code of Ukraine.
In practice, the court postpones the consideration of the divorce case for 2-3 months and thereby allows the defendant to delay the divorce proceedings.
In order to reduce the time for reconciliation, try:
- to insist on the marriage dissolution, even if the other spouse is against;
- make arguments in favor of the fact that the family remained only on paper – the relationship cannot be restored;
- indicate that the postponement of divorce violates the rights of the plaintiff and minor children.
It is impossible to appeal against a court order on the postponement of divorce, since it does not cancel the case, but only slows it down.
Filing a parallel claim to delay a divorce in Ukraine
Filing a parallel claim is another loophole to delay divorce proceedings. According to the Civil Procedure Code of Ukraine, the defendant may file a counterclaim:
- about division of the property;
- on establishing the place of residence of minor children;
- on recovery of alimony for minor children;
- disputing the paternity;
- on recognizing a marriage as invalid, etc.
A counterclaim may delay the court proceedings due to the need to consider additional case materials. In this situation, the plaintiff should seek to ensure that the divorce takes place within the original case. The court should be convinced that sufficient information has been provided for the dissolution of the marriage.
Absence in court during divorce proceeding in Ukraine
The absence of a defendant in the court in the case of divorce is another option for delaying the divorce case. According to the Civil Procedure Code of Ukraine, it provides for the consequences of the defendant’s failure to appear at the court hearing.
The court postpones the consideration of the case in the court session upon the first failure of the defendant of the divorce case to appear at the court session, in the case he/she was notified of the date, time and place of the court session, but if he/she informed about the reasons for failure to appear, the court recognized them as valid.
The legislation does not provide clarification about what reasons should be considered as valid. The judge makes the decision at his own discretion.
In practice, the following reasons are distinguished:
- necessity of departure (business trip);
- disease;
- notification of the place and time of the court session was not conforming to the rules;
- circumstances prevented getting to the court, which do not depend on the person (transport or natural disasters).
All reasons should be documented and presented to the court.
The disadvantage of this method of delaying a divorce is that there is a very short time for reconciliation. After the second or third failure to appear, the court decision on divorce will be made without the presence of the defendant, in contrast to the divorce procedure through the Civil Registry Office without presence.
In this situation, the defendant has all grounds to delay the divorce proceeding due to the fact that the plaintiff has no opportunity to object. The Civil Procedure Code of Ukraine provides a postponement of divorce due to a good reason for absence of the party of the case (the defendant).
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce from children, divorce from a prisoner, divorce from a foreigner, divorce through a registry office, divorce through a court, court decision on divorce, divorce certificate, terms of divorce, cost services for divorce.
How to track your case during the divorce process through the court in Ukraine?
If you decide to delay the divorce case by filing an appeal, you should track the stage of the divorce case on the official website “Judicial Power”. This option of delaying the divorce proceedings is suitable exclusively for legally savvy defendants.
If you did not attend the court hearings and did not inform about the reasons for your failure to appear, after the second, third failure of the defendant to appear, the court decides on divorce in accordance with Art. 223 of the Civil Procedure Code of Ukraine.
On the website “Judicial Power” in the menu sub-item – a party of the case, you should enter your full name, the search engine provides information about a divorce case with your participation. The case and proceeding number may be omitted. Next, you need to read the text of the court decision and determine the last day for filing an appeal. Filing an appeal against a court decision on divorce without the participation of the party (the defendant) and the consideration of such a claim by the court is another way of delaying divorce cases.
Art. 352 of the Civil Procedure Code of Ukraine, it provides the right for appeal. The participants of the case, as well as persons who did not participate in the case, if the court decided the issue about their rights, freedoms, interests, have the right to appeal the decision of the court of first instance in whole or in part in appeal order.
Art. 354 of the Civil Procedure Code of Ukraine, the deadlines for filing an appeal are regulated. An appeal against a court decision is filed within thirty days, and against a court ruling – within fifteen days from the date of its issuance.
Summing up, we can conclude that usually the divorce proceedings are delayed by the party that is trying to save the family. Whatever the motives of a person in such a situation, he has several absolutely legitimate reasons to delay the moment of a divorce judgment.
Turning to a family lawyer, spouses often assume that the other party will delay the divorce proceedings in every possible way and insist on considering the divorce case in a closed court session.
If you have any difficulties or additional questions related to divorce, a lawyer / attorney with many years of experience, Alexey Skriabin, will provide you with full legal advice and help you to competently avoid dragging out the divorce proceedings.
Contact the divorce lawyer Alexey Nikolayevich Scriabin and the issue of divorce will cease to be a problem for you!
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
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If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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