Divorce for the migrants

Divorce in Ukraine for the migrants

Daria Sergeevna Scriabina

Family lawyer

Hello! My name is Daria Sergeevna Skriabina. I am a family lawyer. Our law firm specializes in providing legal services for divorce and recovery of alimony. Our lawyers provide support in court proceedings throughout Ukraine.

In the article “Divorce for the migrants” I will tell you how to divorce through a court if your husband lives in Donetsk or Luhansk, about the specifics of divorce for the migrants, the procedure for divorce for the migrants through a court in Ukraine, about the procedure for divorce for the migrants in the registry office, as well as about help a lawyer when drawing up a statement of claim for divorce from an immigrant.

Be sure to read the article “Divorce for the migrants” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce for the migrants.

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Divorce in the case of displaced persons in Ukraine

In accordance with the Law of Ukraine “On the Administration of Justice and Criminal Proceedings in Connection with the Conduct of the Anti-Terrorist Operation”, due to the impossibility of administering justice by individual courts in the area of ​​the anti-terrorist operation, change the territorial jurisdiction of court cases that fall within the jurisdiction of the courts located in the area of ​​the anti-terrorist operation, and ensure the consideration of civil cases, cases of administrative offenses, administrative cases, economic cases and criminal proceedings by local and appellate courts, determined by the Chairman of the Supreme Court.

Accordingly, if, according to the general rule determined by the Civil Procedure Code on territorial jurisdiction, the divorce case is subject to consideration by a court located in the temporarily occupied territory, the jurisdiction will be determined by the Supreme Court of Ukraine.

Features of divorce for the migrants in Ukraine

The peculiarity of a divorce for displaced persons from Donetsk or Luhansk is that they need to obtain a certificate of a displaced person from Donetsk or Luhansk.

The fact of internal displacement is confirmed by a certificate of registration of an internally displaced person, which is valid indefinitely, except as provided for in Article 12 of the Law of Ukraine “On ensuring the rights and freedoms of internally displaced persons”.

Divorce procedure for the migrants through the court of Ukraine

In accordance with Art. 27 of the Civil Procedure Code, statements of claim against an individual are filed in court at the place of residence or stay registered in the established manner.

If the defendant is an immigrant from Donetsk or Luhansk and is currently on the territory of Ukraine, the statement of claim is filed at the place of his current temporary registration on the basis of a certificate from an immigrant from Donetsk or Luhansk.

How to get a divorce through a court in Ukraine if the husband lives in Donetsk or Luhansk?

If the wife is in the controlled territory of Ukraine, and the husband with whom she wants to file a divorce, in the occupied territory of Donetsk or Luhansk, then relying on the norms of Art. 28 of the Civil Procedure Code, in the event that minor or minor children are dependent on him, the case may be considered at the registered place of residence or stay of the plaintiff.

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, cost of services in case of divorce, court fee in case of divorce, spouses’ surname after divorce, apostille on documents, apostille on a court decision on divorce, where to file for divorce, the concept of marriage , Marriage with a foreigner, divorce law.

Assistance of a lawyer in drawing up a statement of claim for divorce from a displaced person in Ukraine

Migrants from Donetsk or Luhansk can use the services of a family lawyer for divorce in Ukraine. To do this, it is enough to sign an agreement on the provision of legal assistance from a lawyer.

The issue of registering a divorce for displaced persons from Donetsk or Luhansk is quite delicate, but many years of experience of a lawyer does not make it possible to make a mistake.

The first step to which a family lawyer resorts to divorce is to draw up a petition to determine the territorial jurisdiction of a divorce case for migrants to the Supreme Court of Ukraine.

After the Supreme Court of Ukraine issued a Resolution on the determination of the court, which is authorized to consider the divorce case with the participation of migrants, the lawyer draws up a statement of claim taking into account all the requirements of his client and prepares a package of necessary documents determined by the Civil Procedure Code.

The procedure for the divorce of immigrants in the registry office in Ukraine

Divorce of immigrants from Donetsk or Luhansk in the registry office is possible if the spouses do not have common minor children.

Consequently, the divorce of migrants is registered on the basis of Art. 106 of the Family Code.

As you know, the state registration of divorce is carried out at the place of residence (official registration) of one of the spouses on the basis of the Rules for the state registration of acts of civil status approved by the Order of the Ministry of Justice of Ukraine dated 10/18/2000 No. 52/5.

Thus, the spouses can apply to the district registry office on the basis of a certificate of registration of an internally displaced person acting indefinitely, where the place of registration is indicated.

Further registration of a divorce for displaced persons from Donetsk or Luhansk has no peculiarities and is carried out in accordance with the norms of the current family law.

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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Useful site materials advokat-family.com.ua:

1. Duplicate certificate
2. How to get a court decision
3. Joint statement on divorce
4. Divorce suit
5. Divorce through the registry office at the request of one of the spouses
6. Divorce through the registry office
7. Divorce through the registry office
8. Divorce with a Crimean registration
9. Registration of a divorce that was abroad