Divorce in another city

Divorce in another city

Divorce in another city

Divorce through the registry office in another city in Ukraine

Divorce through the registry office in another city in Ukraine

The Family Code of Ukraine is the main document governing the procedure for divorce proceedings. This regulation notes that the divorce procedure is carried out by the registry office or the court. Usually, to dissolve the union, you need to contact the registry office that registered this marriage earlier or at the place of your actual residence. The Family Code of Ukraine says that contacting the registry office for the purpose of divorce is advisable only under the following conditions:

  • the spouses have no small children (under 18);
  • divorce occurs by mutual consent;
  • divorce not burdened with special reasons.

It is possible to contact the registry office not at the place of registration in Ukraine

It is possible to contact the registry office not at the place of registration in Ukraine

Practice shows that such precedents do happen, but they are considered the exception, not the rule. Of course, you can contact the registry office at your place of residence and ask for the procedure, explaining the situation that has developed.

Such treatment is associated with difficulties, because in such an institution there are no records confirming the fact of marriage registration. It should be borne in mind that in this case it will take a little more time to dissolve the marriage.

To file a divorce in another locality, you must adhere to the following procedure.

Prepare the necessary documents: a joint statement containing the spouses’ request for divorce. A person who cannot be present must give consent, certified by a notary. A nonresident partner has the right to independently draw up and send his application to the registry office, this will help avoid a trip to another city.

Thus, instead of one general statement, there will be two users separately, which is allowed by the norms of Ukrainian legislation;

  • Marriage certificate;
  • a check confirming the fact of payment of the mandatory fee (state duty).
  • if there is no person entrusted with the conduct of the case to a legal representative, then a power of attorney, drawn up accordingly, will be required.
  • At the indicated reception hours, submit all documents and wait for a decision. Usually it is taken out within a month, but in some cases this period can be increased.
  • Obtain documents on the end of the marriage relationship, that is, a certificate of divorce.

Divorce through court in another city in Ukraine

Divorce through court in another city in Ukraine

The initiator of the divorce proceedings will have to file a claim at the location of the husband, who is the defendant. To do this, the plaintiff needs to prepare the necessary documents and send them to the court located at the place of residence of the defendant. The presence of a young child or health problems are exceptional conditions that make it possible for the plaintiff to go to court at the place of his registration.

Going to court is required in the following cases:

  • the spouses have young children;
  • there is a dispute about the procedure for the division of property;
  • one of the spouses does not want a divorce and shows a clear interest in maintaining the marriage relationship.

To avoid repeated appeal to the court, it is advisable to immediately consider all aspects of the problem – indicate with whom the children will live and property claims.

Features of consideration of divorce cases in court in Ukraine

Features of consideration of divorce cases in court in Ukraine

The legislation prescribes a clear algorithm of actions that must be followed when applying to the court.

Draw up a claim, it must meet certain requirements. All information regarding the content of the statement of claim is spelled out in the Civil Procedure Code of Ukraine.

According to the provisions of the code, this document should contain the following:

  • the exact name of the court to which the statement of claim is addressed;
  • passport details of the applicant and the defendant;
  • contact information (addresses, phone numbers, etc.);
  • in the main part, the circumstances are prescribed, as a result of which further married life is impossible;
  • date and signature.

It is worth remembering that if the application is filed at the place of residence of the defendant by the plaintiff, who lives in another city, a petition must be made in it for the consideration of the case without his direct participation.

Note! If the claim is filed with the court at the place of registration of the plaintiff, then a note is made in it that the defendant lives in another locality. In this case, the defendant will have to explain to the court the reasons that make it impossible for his personal presence in court.

Collect the package of documents necessary for going to court. It includes:

  • a copy of the statement of claim and all attachments that are attached to it. These copies will be sent to the defendant;
  • plaintiff’s passport and taxpayer code;
  • defendant’s passport and taxpayer code (if any);
  • Marriage certificate;
  • birth certificates of children;
  • a receipt confirming the fact of payment of the court fee.

If the claim contains a claim for the division of property, then additional documents will be required establishing the right to own real estate, as well as all papers that can confirm the plaintiff’s contribution to improving housing conditions or the purchase of expensive things.

If the plaintiff or the child has health problems, then all medical certificates and opinions must be attached. They can affect the amount of alimony.

Submit all documents to the court, after they are accepted, they will appoint a date for consideration.

In the process of considering the case, the court examines all the circumstances and comes to the conclusion that family reunification is possible. Usually, the court gives the spouses a period of no more than six months, during which they can carefully consider their actions and make a final decision on the need for a divorce. This event is especially effective if one of the spouses wants to keep the family together. When both parties insist on the dissolution of the marriage, the court has the right to make a decision without delay.

Useful site materials rozluchennya-onlain.com.ua:

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  4. International Divorce Lawyer
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