Terms of the divorce

Terms of the divorce in Ukraine

Online divorce in Ukraine - Terms

Online divorce in Ukraine – Terms

Hey! Everyone wants to go through the divorce procedure as quickly as possible, therefore in this article I will tell you about how long it takes to divorce in Ukraine and what the duration of the procedure depends on.

The timing of a divorce depends more on the characteristics of the divorce process and the body that decides on the dissolution of the marriage. Divorce in Ukraine is possible in two ways – through the registry office and through the court.

In which case you can get a divorce in the registry office, and when a mandatory appeal to the court is required, we will consider further and clarify the duration of the procedure in each of the bodies.

If both spouses agree to divorce and they do not have common minor children, then divorce is possible through the registry office.

The divorce procedure through the registry office takes only one month.

However, in a month you need to come with your husband, now ex, and pick up the divorce certificate.

Divorce through the court in Ukraine

Divorce through the court in Ukraine

By the way, if during this month you change your mind to divorce, then during this month you can come to the registry office and pick up the application for divorce.

It should also be noted that now there is an opportunity to apply to the registry office for divorce online, which greatly simplifies the divorce process. I have already talked about how to submit an online application and what are the features of the online divorce procedure.

If you have common minor children, and at the same time the consent of the spouse to divorce, then divorce is possible through the court, but the divorce procedure can be accelerated.

You can submit, along with the statement of claim to the court for divorce, an agreement on who the children will live with and on what conditions. You should also clarify the procedure for meeting and communicating with the child of the spouse who will be living separately.

Such an agreement should also provide for the conditions for the payment of alimony: to clarify in what order the alimony will be collected and with what frequency.

The court will consider such an agreement in detail and make a positive decision on divorce.

The term for consideration of such an application with a contract is only one month.

By the way, the cost of the court fee in 2021 is UAH 908. And it must be paid in order for the court to accept your application for divorce.

If you have common minor children and there is no consent of the spouses to dissolve the marriage, then the divorce may take more time.

Unfortunately, there are no restrictions on the period of consideration of the statement of claim for divorce.

Everything will depend on your case, on the workload of the court and on the judge himself. Also, the correctness of the preparation of the statement of claim and the preparation of the necessary package of documents affects the duration of the decision of the case on divorce in court.

Simplified divorce proceedings in Ukraine

Simplified divorce proceedings in Ukraine

Elena Litvinenko
Family lawyer
The court must begin consideration of the case no later than 60 days after the commencement of proceedings in your case.

But I want to emphasize that from now on, cases of divorce can be considered by the court in a summary procedure. This means that the court has a limited time period for considering such an application, namely, the legislative set 60 days for making a court decision in such a case.

It should be noted that from the date of entry into force of the new edition of the Civil Procedure Code of Ukraine, the terms for the consideration of cases by the court have slightly increased.

However, the principle of the reasonableness of the term remained unchanged.

In the ruling of the High Specialized Court for Civil and Criminal Cases No. 11, it says what a reasonable time frame is.

The decree stipulates that a reasonable period is objectively necessary for the performance of all necessary procedural actions and the adoption of procedural decisions.

Having analyzed the practice of court consideration of divorce cases, I want to note that the terms are actually ambiguous, but on average, the term for divorce is 5 months. That is, in fact, from the moment of filing a statement of claim in court until a positive decision on divorce is made, you need to wait 5 months.

There are cases when the plaintiff made mistakes that need to be eliminated or the defendant delays the divorce procedure or does not appear at the court sessions, then the procedure in this case will be much longer.

Speeding up a divorce case in Ukraine

Speeding up a divorce case in Ukraine

In order for the court to consider the claim for divorce as soon as possible, you will need:

  • prepare the application well;
  • be sure to indicate all the evidence you have for divorce;
  • pay the court fee;
  • attach a receipt for payment of the court fee;
  • provide the original marriage certificate.

In this case, the court must take a positive decision in your favor as soon as possible.A properly prepared package of documents, collected evidence and a clearly formulated and completed statement of claim are the key to success in resolving a divorce case. I recommend that you seek help from family lawyers who will help not only simplify, but also speed up the divorce process.

 

Alexey Nikolaevich Scriabin
Family Lawyer, Head of a Law Firm
If you have any questions or need advice, call or write to any messenger (Viber, WhatsApp, Telegram). Our lawyers will advise you online.

Do not delay divorce online, contact our law firm advokat-family.com.ua and our lawyers will help you resolve issues in the field of family law.

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

How long will it take from the moment the lawsuit is filed to the beginning of the consideration of the case in court?
How long does the divorce process take through the registry office?

Useful site materials advokat-family.com.ua:

  1. Dissolution of marriage with a foreigner in Ukraine
  2. How to apply for divorce online
  3. Dissolution of marriage without the consent of the husband
  4. Divorce in a closed court session
  5. Divorce with a prisoner
  6. Divorce without presence
  7. Divorce through the court without children
  8. How to return a maiden (premarital) surname after a divorce
  9. State registration of divorce
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