Divorce documents

Divorce documents in Ukraine

To speed up the divorce process, the spouses ask themselves the question: what documents are needed for a divorce? A complete list of documents for divorce is one of the conditions for the fastest possible divorce.

The standard list of documents required for a divorce (application, passports, marriage certificate, receipt of payment of state duty or court fee) may expand and change depending on how the divorce takes place: through the registry office or through the court. The list of documents is also affected by the presence or absence of additional requirements related to divorce.

The process of filing an application for divorce also depends on whether the spouses applied to the judicial authority or to the registry office.

Also useful information on the site “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: divorce, grounds and procedure for divorce, a divorce statement, a statement of claim for divorce, documents for divorce from DRACS, divorce through court, divorce in the registry office, unilateral divorce, can you leave without the consent of your husband or wife?

Divorce types in Ukraine

В зависимости от взаимоотношений между супругами, наличия в них общих детей, согласия по поводу разделения совместно приобретенного имущества и других факторов, развод можно осуществить одним из двух способов – через отделения ЗАГС или через суд. Последний также предусматривает посещение учреждения ЗАГС для регистрации судебного решения в актовой книге.

• The Family Code of Ukraine provides for divorce in a simplified form. If the husband and wife do not want to live together, do not have minor children, or their descendants have reached the age of 18, divorce should be filed with the registry office;
• One of the spouses can simplify the divorce even if the family has a common child, and the consent of the other half cannot be obtained. It is possible to dissolve the marriage through the registry office without confirmation of the spouse, who has been declared incompetent or missing.
• In all other cases, you will have to file a claim and additional documents in court using a longer and more laborious procedure. The circumstances that force such actions will be the presence of common children, disputes over their place of residence, the lack of consent of one of the couples for a divorce or division of common property.

If there is no disagreement between the spouses who wish to dissolve the marriage and are raising a child, the court will dissolve the marriage quickly without clarifying the reasons. The minimum term for divorce through court is 1-1.5 months.

Divorce documents through the registry office in Ukraine

It is easier to file a divorce if both parties want it and they have no children. The package of documents in this case is also minimal. After the filing of the application for divorce and the registration by the registry office employee of the entry in the act book about the divorce, it will take only a month until the dissolution of the marriage.

List of documents:

• A joint application of the spouses for divorce in the form provided to the registry office.

Application for divorce in the registry office by common agreement:

• The signature of one of the spouses is enough if the option of unilateral divorce provided for by law is used through the registry office. Forms for filling can be obtained from the place of contact.
• If one of the spouses cannot personally visit the registry office on the day of filing the application, he must fill out the appropriate application and notarize the signature on it.

Divorce initiated by one of the parties:

• Passports of spouses or one of the spouses in case of divorce initiated by one of the parties.
• Original marriage certificate.
• A receipt confirming the payment of the state duty.
• If necessary – a document that is the basis for a unilateral divorce: a court decision that the citizen is missing or incapacitated.

If documents are submitted to the registry office after the divorce has taken place by a court decision, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached. In this case, the application for divorce must be submitted in the prescribed form.

Submission of documents in Ukraine

Before divorce, spouses should consider the following nuances:

1. it is necessary to deliver the documents and sign the application in person. If, with the mutual consent of the couple to divorce, one of the spouses cannot be present at the filing of documents, he writes a statement with a request to accept them, after which he notarizes it
2. To simplify divorce by mutual consent, only the operative and compatible cooperation of the spouses will help.

Divorce documents through court in Ukraine

The documents that need to be submitted are divided into mandatory and additional, which may be needed in various circumstances of the case. Before submitting an application, it is better for the interested party to clarify their list. If the spouses have no disagreements about children, as well as property disputes, then they should apply to the court with a joint statement. In this case, the dissolution of the marriage will take place at least a month after the first appeal.

If the spouses have disputes about children or share property, then the application filed with the court will be significantly delayed.

List of documents:

• A statement of claim with a request to dissolve the marriage. It can be drawn up in a more formal form, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is necessary in order to convince the court to carry out the dissolution of the marriage, because the judge is trying to save it.
• The originals of the passports of the spouses (or only the plaintiff, if the desire for divorce is mutual).
• Copies of children’s birth certificates (if there are children who have not reached the age of majority).
• A certificate of family composition or an extract from the house book of the plaintiff (if the documents are submitted to the court at his place of residence) or the defendant (respectively). Sometimes it is necessary to provide extracts from the places of registration of the spouses, this point must be clarified directly in court.
• Original marriage certificate.
• Receipt of payment of the court fee. Its amount will vary depending on the circumstances of the divorce (for example, the division of property has its own method of calculating the amount of the court fee).

If one of the spouses is unable to attend the court session, but is ready to leave, you need to attach his statement of consent to divorce. This will help speed up the divorce process.

Filing documents for divorce through the court in Ukraine

When going to court, you should pay attention to the following nuances of filing documents:

1. A party seeking a divorce should file a statement of claim at the place of residence of the defendant.
2. In some cases, it is allowed to apply to the court in the region of which the initiator of the process is registered. Among them:
3. residence of common minor children with the plaintiff;
4. simultaneously with the requirement for divorce, a claim for the recovery of alimony;
5. poor health of the plaintiff;
6. Documents can be submitted to the court office not only in person, but also sent by mail or transmitted through a representative who has such actions a power of attorney from the plaintiff.

EXAMPLE

M. and N. got married after M. gave birth to a child from N. There was no information about the father in the child’s birth certificate. That is, it turns out that they have a common child, but formally they do not have common minor children in marriage. M. wants to leave and collect alimony from the child’s father. In this case, you can do the following: if the person agrees to a divorce, you should submit documents to the registry office (joint application, present passports, bring the original marriage certificate). If he does not agree, you will have to go to court.

Paternity must be established before filing a child support claim. If a person does not admit that he is the father of the child, then the court can establish paternity on the basis of genetic examination or other evidence. Acknowledgment of paternity can be performed before the divorce (then the dissolution of the marriage will take place through the judicial authority) or after it (in this case, you can leave quickly through the registry office).

Alimony can only be requested after the husband has been recognized as the father of the child. If the recognition of paternity is carried out before the divorce, then a combined claim can be filed with the judicial authority – for divorce and recovery of alimony.

Output in Ukraine

• Two instances can separate the spouses: the state registration authority for acts of civil status or the court.
• For divorce through the registry office by mutual agreement, a minimum of documents is required: an application, passports, marriage certificate and a receipt for paid state duty.
• When a lawsuit is filed with the court, the list of documents expands.
• You can quickly part with the courts, if the spouses have no mutual claims about the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

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Useful site materials rozluchennya-onlain.com.ua:

1. Nullity of marriage
2. Restoration of divorce certificate
3. Divorce certificate
4. State fee and court fee for divorce
5. Is it possible to divorce without the consent of the husband or wife?
6. Unilateral divorce
7. Divorce in the registry office
8. Divorce through the court
9. Divorce documents through the registry office