Divorce process in Ukraine

According to the Family Code of Ukraine, dissolution of marriage in court is carried out if the spouses have minor children, one of the spouses does not agree to leave or refuses to voluntarily submit an application to the registry office. In these cases, the dissolution of the marriage will also take place in court, regardless of whether there is an agreement between the spouses on the further place of residence of the children and the order of their communication with each parent.

Regardless of the court in which the spouses divorce, the process of dissolution of marriage through the court includes several mandatory steps:

filing an application with the court;
acceptance of the claim;
court sessions;
decision-making;
entry into force of the decision.

Litigation times can vary greatly, depending on additional circumstances. The minimum period for a divorce through the court is one month. It will take another month to enter into a decision on the dissolution of a marriage of legal force.

Application for divorce through the court in Ukraine

If a divorce through the DRACS authorities is not possible, you must go to court to file a claim for divorce. It contains:

full name of the court (address, means of communication);
information about the claimant;
information about the defendant;
the place and date of the marriage to be dissolved (this information is confirmed by the added marriage certificate);
information on whether an agreement on children has been reached between the spouses;
if the second spouse does not agree to the dissolution of the marriage, the initiator of the divorce must indicate the reasons why further family life is impossible;
required documents as listed below.

According to the Civil Procedure Code of Ukraine, the statement of claim is filed at the address of the defendant’s residence. At the same time, a claim for divorce may be considered in court at the place of residence of the plaintiff, if a minor child lives with him or if the plaintiff’s departure to the defendant’s address is difficult for health reasons.

Often, spouses live separately for a long time before the official dissolution of the marriage, and it is impossible or difficult to determine the location of the one who is the defendant. In these cases, according to the Civil Procedure Code of Ukraine, a claim may be brought against the defendant’s last known place of residence or at the location of his property.

Documents for divorce through the court in Ukraine

A package of documents specified in the Civil Procedure Code of Ukraine must be attached to the statement of claim to the court demanding a divorce:

a copy of the defendant’s statement of claim, certified by the signature of the plaintiff;
a copy of the passport and taxpayer code of the plaintiff;
a copy of the passport and taxpayer code of the defendant (if);
original marriage certificate;
copies of birth certificates of minor children (the originals must be in the hands of the plaintiff);
a receipt for payment of the court fee (for 2022, the amount of which is 908 hryvnia, 00 kopecks).

If the defendant has no objection to the dissolution of the marriage, his statement of consent to the divorce may be attached to the documents.

You can submit a statement of claim and a set of documents to the court office either in person or by sending it by registered mail with notification.

Divorce proceedings in court in Ukraine: terms

According to the Civil Procedure Code of Ukraine, within five days from the date of receipt of the statement of claim, the judge considers the issue of its acceptance into proceedings. An application may be returned if:

the case is not within the jurisdiction of the court;
the statement of claim is filed by an incompetent person;
the statement of claim is not signed;
prior to the adoption of the court ruling, the plaintiff received an application for the return of the claim.

The judge, in the case of returning the application, adopts a ruling, in which he indicates to which court the defendant is in this case, or which shortcomings must be eliminated in order to consider the claim. The specified definition is sent to the plaintiff for further elimination of shortcomings. Then the man must eliminate the shortcomings indicated by the court and send it back to the court.

If the statement of claim for divorce is not signed or not the entire set of necessary documents is attached to it, the judge, in accordance with the Code of Civil Procedure of Ukraine, may issue a ruling on leaving the statement of claim without movement. If the plaintiff complies with all the instructions of the judge listed in the ruling within the prescribed time limit, the application will be accepted by the date of its initial submission to the court.

After the application from the man acting as the plaintiff is accepted for proceedings, the date of the preliminary court hearing is set. During it, the judge checks the readiness of the case materials for consideration, clarifies the motive for the dissolution of the marriage, invites the parties to reconcile and conclude an amicable agreement.

Court hearings in divorce proceedings in Ukraine

Based on the results of the previous meeting, the divorce case is considered prepared for consideration. According to the Civil Procedure Code of Ukraine, after that the judge appoints a court session. The first meeting in the case of divorce takes place no earlier than one month after the filing of the claim. The date and time of the hearing must be notified to the spouses or their representatives.

The court can communicate the date of the hearing in several ways in accordance with the Code of Civil Procedure of Ukraine:

by registered letter with acknowledgment of receipt;
in another way (for example, by SMS).

To the statement of claim, you can add a petition on how it is convenient for the applicant to receive a summons, it consists in an arbitrary form. If the best method of notification or contact details change during the course of the trial, you must repetitively file with that information.

Presence of parties to a divorce in court in Ukraine

At court hearings, the presence of both parties is desirable, but sometimes a man who does not want to get a divorce mistakenly believes that his absence in court will allow him to stop the case and save the marriage. Moreover, if one of the spouses did not appear at the meeting, provided that he was notified of the date and time of the hearing, the proceedings may take place without his participation. But at the discretion of the judge, the hearing may be rescheduled to allow the respondent to attend on another date. However, most often after the third non-appearance of the defendant without good reason, the case will be considered without him.

The court must make a decision on divorce or a ruling on termination of the case in connection with the reconciliation of the spouses. Such an outcome is possible only by mutual agreement of the husband and wife, or if both parties fail to appear at the hearing. It is believed that in this case, the spouses no longer intend to divorce.

If the defendant during the trial reports his disagreement with the termination of the marriage, the judge, according to the Family Code of Ukraine, has the right to set the family a period for reconciliation of no more than six months. Such a measure sometimes allows you to build relationships and save the family. If after this period the spouses fail to reconcile, the judge decides on a divorce.

How to get a divorce certificate after a trial in Ukraine

The court decision on divorce comes into force one month after its adoption. This period is given to the spouses to appeal the decision to the court of appeal. If during this period none of the parties appealed against the decision, it comes into force. After that, the former spouse needs to receive a copy of the court decision, which will be the final document confirming the fact of divorce.

We remind you that from 27.07.2010 a certificate of divorce (on the basis of a court decision) is not issued.

Litigation of a divorce case in Ukraine

The divorce proceedings can take several months. In parallel, spouses can apply to the court for the division of property and / or for the recovery of alimony. These circumstances can significantly prolong the litigation. Therefore, often such cases are considered in a separate court proceeding after the official dissolution of the marriage.

Also, useful information on the site “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: the period for reconciliation of spouses, divorce from a convicted person, replacement of documents when changing a surname after a divorce, registration of divorce, divorce certificate by court order, divorce from a foreigner in Ukraine, divorce from a foreigner without his presence, grounds for declaring a marriage invalid, dissolution of a marriage with a foreigner 2022, marriage with minors.

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 the divorce process.
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 more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in the divorce process.