- Where to file for divorce in Ukraine?
- Where to file for divorce if you have minor children in Ukraine?
- Jurisdiction of a divorce case between citizens of Ukraine who permanently reside abroad
- How and where to file for divorce from a foreigner in Ukraine?
- Assistance of a lawyer in determining jurisdiction in Ukraine
Where to file for divorce in Ukraine?
In the article “Where to file for divorce?” I will tell you where to file for divorce in the presence of minor children, how the jurisdiction of a divorce case between Ukrainian citizens who permanently reside abroad is determined, how and where to file for divorce from a foreigner, when the help of a lawyer is needed in determining the jurisdiction.
Be sure to read the article “Where to file for divorce?” on the website advokat-family.com.ua to the end and you will learn a lot of interesting things about where to file for divorce.
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Where to file for divorce if you have minor children in Ukraine?
Where to file for divorce if you have minor children? This question arises immediately after the decision is made to dissolve the marriage. If a married couple has common minor children, then divorce is possible only through a court. If one of the spouses is categorically against the divorce procedure, it is necessary to draw up a statement of claim for divorce, collect a package of documents and apply to the competent court.
According to the Code of Civil Procedure, the procedure for filing a claim with the court at the place of residence of the defendant is established. If the place of registration of your spouse is registered in another city, then the claim and consideration of the case takes place geographically in the appropriate judicial authority. However, there are circumstances in which the plaintiff has the opportunity to file a claim and all the necessary documents at the place of his registration:
- common minor children live with the plaintiff;
- the plaintiff cannot arrive at the place of residence of the defendant for health reasons or other reasons (documentary evidence).
In case the place of registration and actual place of residence of the defendant is unknown. This situation is also regulated by the Code of Civil Procedure, which involves sending a claim:
- according to the last place of residence or registration, which is known to the plaintiff;
- at the address where the defendant’s property is located;
- at the location of the defendant’s work.
Thus, we can conclude that procedural law, by its norms, guides where to file for divorce. The Civil Procedure Code is the main procedural law on divorce.
Jurisdiction of a divorce case between citizens of Ukraine who permanently reside abroad
The territorial jurisdiction of the category of divorce cases involving citizens of Ukraine, when both parties reside outside its borders, and cases of divorce between a citizen of Ukraine and a foreigner or stateless person living abroad, is determined by a judge of the Supreme Court – the Civil Procedure Code says.
After you have decided where to file for divorce (territorial jurisdiction), you need to draw up a claim / joint statement + all the necessary documents and send it to the court at the place of consideration of the case.
How and where to file for divorce from a foreigner in Ukraine?
In order to determine how and where to file for divorce from a foreigner, you need to understand where the marriage was concluded – on the territory of a foreign state and in accordance with foreign law? Or on the territory of the state according to national legislation?
A marriage contracted abroad is valid on the territory of Ukraine only after passing the procedure of legalization / apostilization of marriage documents.
According to Art. 63 of the Law of Ukraine On Private International Law, the termination of marriage and legal consequences are regulated by:
- the law of the state of which they are citizens;
- the law of the state in which the spouses lived;
- the law of the state with which they are linked more closely for other reasons.
When considering where to submit documents, you must pay attention to Art. 76 of the Law of Ukraine On Private International Law, courts of first instance are competent to accept for proceedings a divorce case with the participation of a foreign element, provided that the defendant in the case has a place of residence (stay) or movable (immovable) property on the territory of Ukraine.
In the event of a divorce between a citizen of Ukraine and a foreigner, the territorial jurisdiction (where to file for divorce) is determined in accordance with the norms of the Civil Procedure Code of Ukraine.
The plaintiff – a citizen of Ukraine may insist on the consideration of the divorce case in court at his place of residence if the plaintiff maintains common minor children or if he cannot arrive at the defendant’s place of residence (go abroad) for health reasons or other reasons (documentary confirmation).
Based on the above, a characteristic feature of a divorce from a foreigner is that if a citizen of Ukraine (plaintiff) submits an application to the court, but does not provide documentary grounds for considering the case by the courts of Ukraine, then the court will return the claim without consideration for the plaintiff to submit an application to the appropriate competent authority of the country where the respondent resides / resides.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with such topics: divorce, alimony, division of property of spouses, deprivation of parental rights, divorce for migrants, divorce abroad, divorce and alimony, online divorce, divorce by mutual consent, turnkey divorce, divorce from children, divorce from a prisoner, divorce with a foreigner.
Assistance of a lawyer in determining jurisdiction in Ukraine
The issue of determining the territorial jurisdiction of a divorce case, namely, how and where to file for divorce, is a priority. If the jurisdiction is incorrectly determined, the court does not accept the statement of claim / joint application for consideration, however, in some cases, it may redirect it to the competent court. It should be understood that this will take a lot of time due to the workload of ships.
An exceptionally competent family lawyer can deal with this daunting task. Using knowledge of procedural law and experience in handling divorce cases, the lawyer will clearly determine the jurisdiction of your case, advise how and where to file for divorce, and, if necessary, fully accompany the divorce process.
If you don’t know how to get a divorce while abroad? – this and other questions will be answered by a qualified family lawyer Alexey Nikolayevich Skriabin.
Acting on the basis of the Law of Ukraine “On the Bar and Legal Activity”, in the presence of controversial nuances in determining the jurisdiction (where to file for divorce), the lawyer will draw up a petition to the Supreme Court of Ukraine.
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.
If you have a need for advice or paid services of a lawyer, then contact the messengers listed in the contacts section.
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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