- Divorce in another city in Ukraine
- Is it possible to file for divorce with a wife in another city in Ukraine?
- How to get a divorce in another city and not at the place of registration in Ukraine?
- How to file for divorce in another city with children in Ukraine?
- Will there be any problems with divorce in the court in another city in Ukraine?
- How to get a divorce in Ukraine if the marriage is registered in another city in the registry office?
Divorce in another city in Ukraine
In the article “Divorce in another city” I will tell you how is it possible to file for divorce with your wife in another city, how to divorce in another city, not at the place of registration, how to file for divorce in another city with children, are there any problems during divorce process through the court in another city, is it possible to file a divorce statement in another city if the husband is against it and how to divorce if the marriage is registered in another city through the registry office?
Be sure to read the article “Divorce in another city” on the website advokat-family.com.ua to the end and learn a lot of interesting things about a divorce in another city.
Be sure to subscribe to my YouTube channel to always receive up-to-date information in the field of family law.
Is it possible to file for divorce with a wife in another city in Ukraine?
Divorce in court in another city is possible in accordance with Art. 27 of the Civil Procedure Code.
As a general rule, it is possible to file a claim against an individual in court at the registered place of his residence or actual place of residence, unless otherwise provided by law.
As you can see, the determination of the territorial jurisdiction in the court of the relevant case with the participation of an individual depends on two legal categories:
- place of registration of an individual;
- place of residence.
Thus, Article 29 of the Civil Code of Ukraine stipulates that the place of registration of an individual is the housing in which he or she resides permanently or temporarily.
Accordingly, if the defendant of the divorce case lives or is registered in another city, it is necessary to file a claim just in the court in that city.
How to get a divorce in another city and not at the place of registration in Ukraine?
The participants in the litigation in the divorce case are obliged to submit information to the court about the change of their place of residence (stay, location) or location during the proceedings on the divorce case (part 1 of Article 131 of the Code of Civil Procedure of Ukraine), which is very important for the further course of the civil procedure …
At the same time, in accordance with Part 7 of Article 128 of the Code of Civil Procedure of Ukraine, if the participants in the case do not provide information about their address, the court sends a summons:
- at the address of their place of registration in another city;
- at the place of staying in another city, registered in accordance with the procedure established by law.
How to file for divorce in another city with children in Ukraine?
Also divorce claims can be filed in the court at the registered place of residence or place of staying of the plaintiff if he has dependent on him young or minor children or if he cannot, for health reasons or for other valid reasons, to go to the place of residence of the defendant in another city.
By agreement of the spouses, the divorce case can be considered in the court at the registered place of residence or staying of one of them in another city.
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 without consent, divorce from a pregnant woman, divorce with a Crimean residence permit, divorce for migrants, divorce abroad, divorce and alimony, online divorce, divorce by mutual consent.развод по обоюдному согласию.
Will there be any problems with divorce in the court in another city in Ukraine?
In the case when the territorial jurisdiction for the consideration of the divorce case in court is determined correctly, no problems should arise.
Alternative jurisdiction for cases of claims for divorce in the court (as a rule, we are talking about cases where the parties have already live separately and in order to go to court according to the general rules of jurisdiction the plaintiff would have to leave his place of residence) under the following conditions:
- if the plaintiff has dependent on him young children;
- if there are minor children dependent on the plaintiff;
- if the plaintiff cannot, for health reasons, to go to the place of registration of the defendant.
In the case when the territorial jurisdiction for the consideration of the divorce case in the court is determined correctly, no problems should arise.
It should be noted that for the non-use of territorial jurisdiction considering a divorce case in the court, it is necessary to have a preliminary agreement between the spouses.
И хотя законодатель не регламентирует требований, которым такая договоренность супругов должна соответствовать, очевидно, она должна быть письменно закреплена (или в форме отдельного добавленного к иску документа, или текстуально размещена в исковом заявлении), чтобы на момент решения вопроса об открытии производства по делу о разводе в суде в другом городе, содержание этой договоренности было доступно для постороннего изучения при отсутствии сторон.
And although the legislator does not regulate the requirements that such an agreement between the spouses should comply with, obviously, it should be confirmed in writing (either in the form of a separate document attached to the claim, or textually placed in the statement of claim), so that at the time of the decision about the opening of proceedings on the case of divorce in court in another city, the content of this agreement was available for outside examination in the absence of the parties. You should also pay attention to the fact that in most cases of alternative jurisdiction in court, the choice of the place of consideration of the case is influenced by the desire of one of the parties – the plaintiff, in the same case (which makes it possible to bring the contractual and not the alternative nature of the jurisdiction) – the choice of the court will be depended on the common will of both parties.
How to get a divorce in Ukraine if the marriage is registered in another city in the registry office?
Based on the norms of the Civil Procedure Code of Ukraine, Art. 27-32, divorce in court is carried out at the place of registration / stay of the defendant, in some cases established by law, at the place of registration / stay of the plaintiff.
The provisions of the Rules for state registration of acts of civil status approved by Order of the Ministry of Justice of Ukraine dated 10/18/2000 No. 52/5, it is established that spouses who have no children apply to the registry office at the place of registration of one of the spouses by agreement among themselves in order to apply for divorce.
Thus, the place of state registration of marriage does not affect the location of the competent authority, which will dissolve such a marriage. Accordingly, if the marriage is registered in another city, the divorce is formalized on a general basis.
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.
If the article “Divorce in another city” was useful for you and you learned something new about a divorce in another city, then like this article, subscribe to my YouTube channel, share with friends, press the bell to don’t miss new videos.
Useful site materials advokat-family.com.ua:
