- Divorce in a district court in Ukraine
- Dissolution of marriage through the district court in Ukraine
- How to get a divorce through a district court in Ukraine?
- Application for divorce in court with children in Ukraine
- Statement of claim for divorce in the district court in Ukraine
- Court decision on divorce in Ukraine
- Services of a family law lawyer in Ukraine
Divorce in a district court in Ukraine
The law obliges to dissolve a marriage through the court if the spouses have common minor children. At the same time, the statement of claim for divorce may contain several interconnected requirements, on which it will depend in which court the case will be considered. If the parties have a dispute about the order of raising children or about the division of property, or in the process of divorce, an agreement made during the marriage on the payment of child support is disputed, then the claim should be filed in the district court.
Appeal to the court comes from a statement of claim. It must meet the strictly established requirements and rules of the Civil Procedure Code of Ukraine. At the same time, in order for the court to be able to objectively assess all the circumstances of the case and make a decision on the dissolution of the marriage, the application must reflect all the motives that prompted the plaintiff to divorce. If there is a dispute about children, other important circumstances are also taken into account by the court.
Dissolution of marriage through the district court in Ukraine
According to the family law of Ukraine, if the spouses have children, then the law allows divorce only through the court, even if the divorce process occurs between them by mutual agreement. In this case, before filing a claim, it is necessary to determine which court has jurisdiction over the case.
An application for divorce, regardless of the court, is submitted at the place of residence of the defendant, that is, the second spouse. However, if minor children live with the plaintiff, it will be possible to apply at the place of residence of the plaintiff.
According to the norms of the legislation of Ukraine, it is possible to apply for a divorce to the court even if there is no dispute between the parties about children. From judicial practice, it can be determined that disputes about children include the following types of requirements:
- on determining which parent the child will live with in the event of a divorce;
- on the procedure for exercising parental rights by parents living
- separately from the child – establishing the procedure for communicating with the child, participating in his upbringing and the possibility of resolving issues related to the child’s education;
- about removing obstacles in communication with the child;
- on issues related to the termination or restriction of parental rights;
about contesting paternity or motherhood.
The judge may decide to transfer the case to another court. For example, if during the consideration of the case it became known that the child still lives with the defendant and is dependent on him, and not with the plaintiff, as indicated in the claim.
How to get a divorce through a district court in Ukraine?
The list of the main issues that are considered by the court when deciding on the dissolution of a marriage is established by the Family Code of Ukraine.
First of all, when applying to the court, the plaintiff will need to describe the motives that prompted him to dissolve the marriage. The exact list of grounds that should be described in the statement of claim by the laws of Ukraine is not established, however, analyzing judicial practice, we can conclude that the court basically takes into account the following factors:
- economic – lack of funds;
- physiological – the presence of a serious illness in one of the spouses;
- psychological – lack of love and harmony in relationships;
- immoral behavior of one of the spouses, putting the family in a difficult situation – alcohol or drug abuse, wastefulness, etc.
When resolving a dispute about the place of residence of children, the financial situation of the spouses, the level of attachment of the child to each parent, the moral qualities of the parties and other circumstances will also be taken into account, allowing to assess with whom it would be better for the child to stay. At the same time, if the minor is over 10 years old, the court will take into account his opinion when making a decision.
In general, the child is left to live with the mother, however, in some cases, decisions may be made in favor of the father, for example, if:
- leads an immoral lifestyle and shows aggression towards the child;
- suffering from alcohol or drug addiction;
- seriously ill and unable to hold the child;
- there is not enough room for a child to live.
In order to recognize the child for himself, the father will need to provide in court all kinds of documentary evidence and testimonies confirming that leaving the child with his mother will have a detrimental effect on his development. As a rule, in practice, it is quite enough to prove this.
Also, when a marriage is dissolved, the court may decide on the procedure for communicating with a child if there is reason to believe that the man with whom the minor will live will interfere with the exercise of each of the parents of his parental rights. The court appoints the place, time, duration of communication, taking into account the following circumstances:
- the age of the child;
- his state of health;
- level of attachment to each parent;
- other circumstances affecting the physical and mental health of the child.
Application for divorce in court with children in Ukraine
Petition for divorce in the event of a dispute about a child
An application for divorce in the presence of a dispute about children must be drawn up in accordance with the rules of the Civil Procedure Code of Ukraine, contain the following information:
- The name and address of the court to which the application is being made.
- Full name, place of residence, passport details, contact details of the plaintiff and defendant.
- The name of the claim is “On the dissolution of marriage and the determination of the place of residence of children.”
- The description contains the following information:
- The date of marriage and the name of the body in which the registration took place, as well as information about common children (name, age).
- An indication on the basis of which it follows that the plaintiff considers it impossible to further extend the marital relationship. For example, the defendant leads an asocial lifestyle, does not participate in the maintenance of the family, does not work.
- An indication of the moment from which the marriage relationship between the spouses was actually terminated (year, month).
- The circumstances of which the plaintiff must live with the child are described. For example: “the place of residence of the plaintiff has all the necessary conditions for the full development of the child.” In addition, if there are circumstances in which the defendant’s residence with the child will harm his development, then these circumstances must also be identified.
- Bringing normative legal acts on which the position of the plaintiff is based.
- Description of the requirements on which it is necessary to make a decision: “I ask the court to dissolve the marriage and leave the child to live with the plaintiff.”
- Description of the copies of the documents attached to the claim (applications):
- passport and taxpayer code of the plaintiff;
- passport and taxpayer code of the defendant (if);
- birth certificate of children;
- Marriage certificate;
- receipt of payment of the court fee;
- other documents confirming the justification of the plaintiff’s position.
In order for the court to accept the statement of claim, a court fee must be paid and the original of this receipt must be attached to the claim.
A court fee is payable for each claim made in the claim, for example:
- if the issue of the order of communication with the child is additionally resolved, a court fee in the amount of UAH 908 is additionally payable. 00 kop. – as per non-property requirement;
- on a claim for determining the place of residence of a child, a court fee in the amount of UAH 908 is also paid. 00 kop.
Also useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: divorce without the consent of the wife, divorce by mutual consent, how and where to file for divorce online, how to divorce your wife, how to divorce your husband? , divorce proceedings, divorce at the request of the guardian of one of the spouses, court fee for divorce in court, how a divorce happens in court 2022, amicable agreement in case of divorce.
Statement of claim for divorce in the district court in Ukraine
After filing the application, the court within five days makes a decision on accepting the claim for proceedings. As a rule, a court session is appointed not earlier than one month after its adoption.
At the first court session, the judge finds out the motives for the dissolution of the marriage. According to the family law of Ukraine, if one of the spouses did not appear at the meeting or does not give his consent to the divorce, then the court, after assessing the circumstances of the dissolution of the marriage, may decide to postpone the court session to reconcile the parties for up to six months. At the same time, a complaint cannot be filed against the court ruling on setting a time limit for reconciliation of the parties, because it does not exclude the possibility of further progress in the case.
In the process of considering the case, according to the Family Code of Ukraine, the court must determine with whom the parent will live with the minor, as well as from whom and in what amount the alimony will be collected. With regard to other disputes, such as the division of property, they will be considered only if the parties have made a corresponding request.
If the reason for applying to the district court was a dispute about raising children, then, in accordance with the Family Code of Ukraine, guardianship and guardianship authorities should be involved in the case. They are required to examine the living conditions of the child and persons claiming to live with him, and provide the court with an appropriate examination report.
Court decision on divorce in Ukraine
If the measures for reconciliation of the spouses turned out to be ineffective and during the consideration of the case it was established that the further joint life of the spouses is impossible, then the judge makes a decision on the dissolution of the marriage.
A marriage is recognized as broken from the moment the court decision enters into legal force, that is, after 30 days for its appeal. If one of the parties does not agree with the decision, it has the right to send an appeal to the Court of Appeal. Thus, the decision will enter into force after its consideration in the court of second instance and the adoption of an appropriate decision.
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 court 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 case for divorce in court, call or write to a lawyer and you will receive answers to all your questions.
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