Divorce through the court

Divorce through the court

Divorce through the court with children in Ukraine

Divorce through the court with children in Ukraine

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

In the article “Divorce through the court with children” I will tell you about the procedure of a unilateral divorce through the court, how to divorce through a court on the basis of a common statement, how long does a divorce through the court with children take, how does a statement of claim for divorce look like, what does a sample of a divorce statement look like in 2021, what documents are necessary to file for divorce through the court, what document do the former spouses receive upon divorce through the court.

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

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The divorce procedure through the court unilaterally in Ukraine

The divorce procedure through the court unilaterally in Ukraine

Art. 110 of the Family Code establishes the right of spouses to file a divorce petition unilaterally. Unlike a divorce by a joint application of spouses with children (Article 109 of the Family Code of Ukraine), and a divorce by a civil registry office at the request of spouses who have no children (Article 106 of the Family Code of Ukraine), a divorce at the request of one of the spouses determines a situation when only one of the spouses seeks to end the marriage relationship, while the other does not want this, this order is one-sided.

How to get a divorce through the court in Ukraine on the basis of a common statement?

How to get a divorce through the court in Ukraine on the basis of a common statement?

In cases of divorce through the court based on the statement of spouses who have children, according to the Family Code of Ukraine, there should always be two applicants of the case: each of the spouses.

If only one of the spouses wants to dissolve the marriage, the corresponding category of cases of characterized by the presence of a dispute about the right. In this connection it is a subject for consideration in the order of another type of legal proceedings – writ proceeding.

Art. 110 of the Family Code of Ukraine it determines the presence of mutual certainty and agreement on the following issues: whom of the parents the children will live with, what kind of participation in ensuring their living conditions will be ensured by the one who will live separately, as well as on the conditions for exercising the right to personal upbringing of children.

All details should be reflected in the parents’ notarized agreement.

How long does a divorce with children in Ukraine take through the court?

How long does a divorce with children in Ukraine take through the court?

The time limit of divorce depends on the court proceedings in which the application for divorce and the whole case are considered.

It should be noted that a divorce based on the common statement of spouses who have children is carried out in a special simplified procedure and takes 1-2 months, depending on the nuances of the case.

Divorce in the writ proceeding lasts longer, because the key  issue there is the possibility of objection by the other spouse and deliberate delay in the consideration of the divorce statement. In this case, the consideration of the divorce through the court lasts for 4-6 months.

The statement of claim for divorce in Ukraine, sample 2021

The statement of claim for divorce in Ukraine, sample 2021

Art. 184 Code of Civil Procedure clearly shows the relationship between concepts such as “claim and statement of claim”.

The application is submitted to the court by filing a statement of claim for divorce. So the statement of claim for divorce is a procedural document, in the content of which the claim is displayed.

While the statement itself acts as a reasonable claim of the plaintiff against the defendant and the court.

In the first case, the requirement is aimed at protecting violated rights, freedoms and interests, and in the second – at the administration of justice in a civil case.

If the statement of claim is an exclusively procedural category, then the claim has a complex nature, as the theory of civil procedure distinguishes “claim in the material sense”, namely, the claim of the plaintiff against the defendant, based on the norms of substantive law, and “claim in the procedural sense”, in particular, the claim of the plaintiff to the court, based on the norms of civil procedural law.

A divorce claim consists of such structural elements as content, subject matter and grounds, which are reflected in the requirements of a statement of claim. A sample of the divorce statement of claim in 2021 can be found on our website.

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.

What documents should be submitted for divorce through the courts in Ukraine?

What documents should be submitted for divorce through the courts in Ukraine?

Referring to Art. 177 of the Civil Procedure Code, it should be noted that the plaintiff should attach to the statement of claim for divorce its copies and copies of all documents that are added to it, in accordance with the number of defendants and third parties. Documents confirming the payment of the court fee are attached to the statement of claim for divorce.

The plaintiff is obliged to attach to the statement of claim all the evidences he/she has, confirming the circumstances on which the claim is based. A power of attorney or other document confirming the powers of the plaintiff’s representative is attached to the statement of claim for divorce, signed by the plaintiff’s representative.

Thus, it is necessary to submit to the court:

  • claims;
  • receipt for payment of court fee;
  • copy of passport and tin;
  • copy of marriage certificate;
  • copy of birth certificates of children (if there are common children).

Court decision after divorce - a document on marriage dissolution through a court in Ukraine

Court decision after divorce – a document on marriage dissolution through a court in Ukraine

Despite the fact that the marriage terminated on the day the court decision on divorce comes into force with all the consequences, entering information into the State Register and putting a mark in the marriage record is still necessary.

Therefore, in cases of divorce in court, the department of state registration of acts of civil status, which received a court decision on the divorce, must, on the day of its receipt, make a mark about the divorce on the front side of the marriage record, indicating the date and number of the court decision, the full name of the court that made a judgment, as well as enter the relevant information into the State Register.

After that, the department of state registration of acts of civil status notifies the archive of the body of state registration of acts of civil status, in which the second copy of the marriage certificate is stored, which makes an appropriate mark in it.

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. How to delay the divorce case?
  2. Dissolution of a marriage solemnized abroad
  3. Divorce lawyer or attorney
  4. Husband, wife, children before and after divorce
  5. Divorce without registration
  6. Cost of services in a divorce
  7. Terms for a divorce
  8. Divorce certificate
  9. A court decision on divorce
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