Divorce petition

Divorce petition in Ukraine

Divorce is one of the most important documents in divorce. A correctly drawn up and executed application for divorce is a guarantee that the divorce proceedings will occur as soon as possible.

At the same time, you can apply for a divorce:

• in the registry office – if the spouses do not have common children under 18, both parties agree to terminate the family relationship. In some cases, it is possible to part in this way unilaterally.
• in all other cases, you must go to court with a statement of claim.

Depending on the method of divorce, the moment of termination of the marriage relationship is considered either the date of making the corresponding entry in the register of acts of civil status, or the date of the entry into force of the court decision.

How to file for divorce in Ukraine?

There are two authorized bodies to carry out a divorce in Ukraine: DRACS (abbreviation for “state registration of acts of civil status”) and the court. In the first case, divorce will take place with less time and nerves. The second option is meant if the couple has minor children, or the spouses cannot agree on the terms of the division of common property and on other issues. In other words, if parting in the registry office is impossible by law.

1. If the parties have maintained a relationship that allows them to agree, there are no hopeless disputes, and there are no minor descendants in the couple, she can part in a simple way by filing an application with the registry office. It is signed by the husband and wife, and is a confirmation of general consent to divorce.
2. It will be necessary to part through the court if the couple has common children, having not reached the age of majority, one of the spouses opposes divorce or evades arriving with an application to the registry office. As part of a divorce suit, the judge may consider the issue of alimony payments, the place of residence of joint children, and so on.
3. Even if a couple has one child in common or several, and only one of them wants to part, in some cases he can do this through the registry office. According to the Family Code of Ukraine, divorce in this way is possible if the second partner is incapacitated or is missing.

A person will not be considered missing until a court recognizes it. If he disappeared in an unknown direction, does not live with his family, does not submit news about himself, then before filing an application, you should inquire about him at his last known place of residence, interview relatives and friends. Further, there is an alternative: either submit an application to the judicial authority on recognizing the husband as missing, and then with this decision go to part with the registry office. Or immediately go to court with an application for divorce at the last known place of registration of the husband. The claim should indicate that the whereabouts of the other party to the dissolution of the marriage are unknown. The court will contact the “passport office” at the person’s known address to verify the information.

For citizens living abroad, the powers of an employee of the registry office in accepting an application and registering a divorce can be performed by an employee of the consulate. However, it is not endowed with the functions of the judiciary.

Application for divorce at the registry office in Ukraine

You can declare your desire to leave by submitting an application to the nearest registry office. The document does not require an indication of the reasons why people leave. Both spouses who agree to dissolve the marriage, or one spouse, if it comes to unilateral divorce through the registry office, must take part in its filing.

• Preparing an application requires careful writing in accordance with established guidelines and samples. In case of divorce by mutual consent, the registry office form is filled out. The document is accompanied by copies of passports, a marriage certificate, as well as a receipt for payment of the state fee in the original. The latter is paid by each of the spouses in case of divorce by mutual agreement and by the other, if the divorce occurs unilaterally.
• Submission of an application to the registry office is carried out at the place of residence of the spouses (one of them) or at the place of marriage registration together or by one of them, if it is a unilateral divorce. A document from citizens is registered by an employee of the department, a date is set for the next visit to the organization. Spouses are invited to come for state registration for a divorce and receive certificates no earlier than one month from the date of filing the application.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: divorce, grounds and procedure for divorce, a statement of claim for divorce, documents 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?

Sample application for divorce by mutual consent in Ukraine

If the dissolution of the marriage relationship occurs by mutual consent of the spouses, then they fill out and submit to the registry office an application for divorce, according to the given sample. It is signed by both parties.

If one of the spouses is unable to visit the registry office on the day of filing the application, he needs to fill out a VIP form for submission to an employee of a government agency. The signature of the absent party must be notarized.

Sample application for divorce through the registry office unilaterally in Ukraine

If one of the spouses is recognized by the court as missing or incompetent, then an application is submitted, which allows one to leave unilaterally through the registry office. The completed form is signed and submitted to the department of state registration of acts of civil status solely by one of the spouses (for example, without a husband).

Important: in other cases, depending on the circumstances, it will be necessary to part either with the consent of the registry office or in court.

In this case, the applicant must present to the registry office employees not only an identity card, a marriage certificate and a receipt for payment of the fee, but also a court decision allowing one to part with her husband unilaterally in the registry office (court decision on incapacity, imprisonment).

A statement of claim for divorce in court in Ukraine

Before filing a statement of claim, you need to determine which court should be applied to (at the place of residence of the applicant or the defendant?), Formulate the requirements and collect the necessary documents, copies of which must be attached to the statement of claim. In this case, the documentation is prepared in two copies (separately for the court and for the defendant), and sometimes in three copies – for a third party (guardianship and trusteeship authorities, etc.).

• The preparation of a statement of claim involves the collection of documentary evidence (copies of passports, certificates of marriage and birth of common children, documents for jointly acquired property, if the latter is necessary). The claim must indicate: full name. the plaintiff and the defendant, their dates of birth, the name of the court, information about the place and time of registration of the marriage, what kind of marriage each has, there are children and data about them. The reasons and circumstances of divorce, requirements are stated.
• Submission of an application to the court will be considered quickly if there is no dispute between the spouses about children, or it is not necessary to divide the property.

It should be noted that when applying for a divorce in court, you will also have to pay a court fee for filing a statement of claim.

When applying to the court, a person who wants (wants) a divorce, in addition to the basic requirements for divorce, can indicate in the application the accompanying ones, if they relate to the field of family law. Among them there may be questions about the payment of alimony for children or a husband who is deprived of the opportunity to earn (disabled), about the place of residence of children, about the participation of parents in their upbringing and maintenance.

Also, at the same time, the court can resolve the dispute on the division of property. However, with an increase in the list of requirements, the period for considering a claim may significantly increase, as well as the amount of the court fee. The size of the latter depends on whether the division of property will be considered in the divorce, and the price of this property.

Legal and judicial practice shows that a divorce claim should be considered separately from other requirements. This will allow you not to delay the case and not to miss the important details of each issue.

If the defendant’s place of residence is in another city, the application for divorce and documents may not be submitted to the court in person, but sent by mail. Then it is necessary to send the application and the necessary documents by letter with a detailed description of the content and a return receipt. In order to pay the court fee, you need to find out the details of the court to which the claim will be filed. The easiest way to do this is by visiting the website of the required judicial authority in the city of filing the claim. Example – https://ln.zp.court.gov.ua/sud0814/

It should be borne in mind that after the entry into force of the court decision, the former spouses need to visit the registry office in order for the employees of the department to make an appropriate note in the marriage record. Recall that a divorce certificate based on a court decision is not issued.

The moment of termination of a marriage upon its dissolution in Ukraine

When contacting the registry office with an application for divorce, the moment of divorce is the day of registration of the divorce in the record book and obtaining a certificate of divorce (divorce). Court proceedings provide that the family union will be considered terminated from the date of entry into force of the court decision.

1. After submitting the application and until the dissolution of the marriage, at least a month passes in the registry office. Such a period is appointed so that the spouses can think about the decision. Spouses who filed for divorce are assigned a date when they must show up and confirm their intentions. If they do not change their minds and come to confirm the divorce record, which will be entered in the act book, and each of the spouses will receive a copy of the divorce certificate.
2. At least two months pass from the date of the appeal to the court until the dissolution of the marriage. The first meeting cannot be scheduled earlier than one month after the submission of the application. If the court satisfies the claim (application) for divorce, the decision will enter into force only after 30 days. This time limit is given to the parties to appeal in case of disagreement with the results.

When considering a case in a judicial authority, if there are irreconcilable disputes, the term can be significantly delayed.

Output in Ukraine

• For a divorce, it is necessary to apply to the registry office if both spouses agree to divorce, and the couple does not have common minor children.
• To dissolve the marriage in the same way, even if one of the spouses has children, if the other is not able to answer for his actions (officially recognized as incompetent) or has disappeared.
• You will have to part through the court if the family has descendants who have not reached the age of majority, one person does not want to dissolve the marriage or refuses to file an application for divorce.
• The application for divorce is accompanied by supporting documents (copies of passports, certificates of marriage and birth of children, and others).
• When applying to the court, it is recommended to distinguish between claims, if there are more than one, and to file a separate claim for each (for example, for divorce and alimony).
• When contacting the registry office, the moment of divorce is the day of recording this in the act book.
• In case of divorce through a court, the marriage will be considered terminated from the date of entry into force of the court decision.

If the article “Application for Divorce” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials rozluchennya-onlain.com.ua:

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