Divorce in court in Ukraine

Развод в судебном порядке

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about how the process of dissolution of a marriage takes place in court, how to properly draw up documents and what are the terms for dissolution of a marriage through a court in Ukraine.

Divorce in court in Ukraine

You can break a marriage directly and in court. Divorce in court, of course, is a longer procedure, and also requires more significant financial costs, but in some cases it cannot be avoided.

Grounds for divorce through court in Ukraine

The Family Code of Ukraine provides the following grounds for a divorce through a court.

  • The presence of spouses of common children who are not yet 18 years old.
  • Lack of consent of the spouse to the termination of the family union.

In addition, divorce through the court is required in cases where one of the parties does not object to the divorce, but evades the implementation of the relevant procedure in the bodies of the DRAC. This can be expressed in the fact that he does not file an application with the civil registration authorities, or he does not appear in the GRATSS authorities for state registration of a divorce.

In cases where one of the parties to the marriage is declared legally incompetent or missing by a court decision, a divorce can be carried out through the bodies of the DRAC.

Also, useful information on the site “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: how to survive a divorce, how to build a relationship with a man, how to dissolve a marriage in Ukraine 2022? , grounds and procedure for dissolution of marriage, a sample application for divorce in Ukraine, file a lawsuit for divorce in court in Ukraine, documents for divorce through the court, documents for divorce through the registry office, divorce through the court, divorce in the registry office.

Divorce through the court in Ukraine: where to apply?

To file a divorce through the courts, you must contact:

  • to the district (city) court, if at the same time a demand is submitted to divide the common property of the spouses;
  • to the district (city) court, if there is a dispute about children (about the deprivation of parental rights of one of the parents, about determining their place of residence, collecting alimony, etc.).

Judicial practice shows that most divorce proceedings are carried out by the courts, since it is difficult for spouses to reach a compromise and agreement even in the absence of minor children.

It is also important to determine which court to apply to. In most cases, the claim should be filed in the court where the defendant lives. At your place of residence, you can only file claims for those plaintiffs who have minor children, or those who are sick and physically unable, for example, to go to another district or city.

If the place of residence of the defendant is unknown to the plaintiff, the application must be filed according to his last known place of residence.

Documents for divorce in court in Ukraine

The main document that is filed for divorce in court is a statement of claim, which must be drawn up in three copies (for the plaintiff, for the defendant and directly for the judicial authority). Among others, for a divorce through the court, you need to prepare documents such as:

  • original marriage certificate;
  • a copy of the passport and taxpayer code of the plaintiff;
  • a copy of the birth certificate of the child (children);
  • an extract from the house book of the defendant, the plaintiff, or both;
  • a document confirming the payment of the court fee;
  • list of documents attached to the statement of claim (application).

If there are property claims, this list must be accompanied by additional documents confirming the income of the spouses, as well as a description of the property acquired jointly and subject to division.

Statement of claim for divorce in court in Ukraine

The claim, which should preferably be drawn up under the guidance of an experienced lawyer, must include the following:

  • the name of the court against which the application is being made;
  • the plaintiff’s name, place of residence, passport details, taxpayer code, means of communication;
  • the name and address of the representative, if he is involved in the case;
  • the defendant’s name, place of residence, passport details, taxpayer code, means of communication;
  • the reasons for which the preservation of the marriage is impossible;
  • the circumstances by which the plaintiff substantiates his claims, as well as evidence confirming these circumstances;
  • information that divorce through the DRACS authorities is impossible;
  • list of documents attached to the application (attachment).

It is also important to indicate in the document:

  • place and time of marriage registration;
  • the presence of common children and their age;
  • the presence (or absence) of an agreement on the upbringing and maintenance of children;
  • motives for divorce in the absence of mutual consent;
  • the presence of other requirements to be considered simultaneously with the divorce suit;
  • other information that may be relevant in the consideration of the case on the merits.

To prepare this document yourself, use the following sample petition for divorce. Here you can not only watch it, but also download it.

Issues decided by the court when making a decision

The main question that the court must answer is whether it is possible to save the family. To this end, measures can be taken to reconcile the parties, which consist in setting an appropriate period for discussing the decision on divorce. If even after this period (it can last no more than six months) the spouse does not change his decision, the judge is obliged to dissolve the marriage, about which an appropriate decision is made.

When answering controversial questions, the judge determines:

  • with whom the parents should stay to live with minor children;
  • who and in what amount will have to pay child support;
  • how the jointly acquired property will be divided;
  • whether one party must withhold the other and how much the corresponding amounts should be paid.

The judge may decide to separate the claim for the division of property into a separate proceeding, if the interests of third parties are affected by its decision.

The procedure for the divorce procedure and its terms in Ukraine

The procedure takes quite a long time. After filing a claim, you need to wait for the appointment of the case for consideration and consideration on its merits (within a month after the filing of the claim, the court will not make any decision on the case) – usually the first court session takes place a month after the submission of documents. If the court makes a decision with which the plaintiff does not agree, then within a month (30 days) this decision can be appealed. When, upon dissolution of a marriage through the court, the specified deadlines pass and the decision is not appealed, it will enter into force, after which the DRAC bodies make an appropriate entry in the Book of State Registration of Civil Status Acts and the marriage is considered dissolved.

The parties have the right to conclude an amicable agreement on how the property dispute between them will be resolved in the event of a divorce in court. Such an agreement can be drawn up until the court leaves to make a decision in the deliberation room.

Conclusion

Divorce in court is carried out if the spouses have children under the age of majority (18 years), or there is no consent of one of the spouses to dissolve the marriage. Cases related to the division of property are also considered.

To start the divorce process, you must submit an application and a package of documents, and then wait for the appointment of the case for consideration and consideration of the case on the merits. The whole procedure can take several months.

Services of a family law lawyer in Ukraine

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce in court.
  • We are responsible for the quality of legal services and guarantee a positive result.
  • With the help of a family lawyer or lawyer, your divorce case will be resolved in a court of law more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance for a divorce in court.

Take the first step towards your victory in a legal divorce case, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
If the article "Divorce in court in Ukraine" was useful for you, like this article, and also subscribe to our ютуб-канал, so you don't miss new videos.

Useful site materials rozluchennya-onlain.com.ua:

  1. File a divorce through the registry office in Ukraine
  2. How to file a divorce
  3. Where to file for divorce
  4. What is needed for a divorce
  5. Divorce court decision
  6. Divorce with a foreigner in Ukraine
  7. Divorce with a foreigner 2022
  8. Name change upon divorce
  9. Court fee for divorce in court
  10. Divorce with a convict
Rating
( 3 assessment, average 5 from 5 )
Divorce online