Divorce through the court in Ukraine
From a legal point of view, divorce is the termination of a valid (officially registered) marriage in relation to spouses.
The divorce process is greatly facilitated if the parties jointly come to this decision and do not have common children and joint property, since in this case the divorce will take place at the civil registration office (ZAGS). Through the registry office, you can also part with the one-sided desire of one of the spouses, if the second of them:
- declared missing by the court;
- there is a court decision declaring him incapacitated.
When a couple has common minor children, as well as property acquired during their life together, divorce is possible only in court.
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 divorce statement, a statement of claim for divorce, documents for divorce, documents for divorce from DRACS, divorce in the registry office, unilateral divorce, can you leave without the consent of your husband or wife?
Grounds for divorce through court in Ukraine
Since dissolution of a marriage considers not only the question of the actual termination of close relations between the former spouses, but also violates a number of other vital problems: regarding joint children, property, the Family Code of Ukraine provides for the obligatory decision of such issues through judicial proceedings.
The grounds for divorce in court (through the court), according to the Family Code of Ukraine, are as follows:
- one of the parties to the marriage relationship does not agree to divorce;
- the spouse shies away from coming to the registry office, without having specific objections;
- a married couple “with children”, that is, they have common minor children (a child) – despite their general agreement to part;
- there is a dispute over common property that was acquired in marriage.
In the event that a pregnant wife or a woman with a child (children) under the age of 1 year declares disagreement with the divorce, the divorce claim is not subject to consideration by the court at all.
EXAMPLE No. 1
Spouses Vasyukov on the day of the reception appealed to the registry office regarding the termination of their marriage union. Despite the fact that the husband and wife both wanted to part, having a 14-year-old daughter who, by their mutual consent, taking into account his personal opinion, would stay with her mother, the registry office specialist, referring to the Family Code of Ukraine, sent them to the district court to resolve this issue.
EXAMPLE No. 2
The Sirko spouses have been married for two years, they did not have common property and common minor children. The wife, having exposed her husband of treason, wished to file for divorce by filing an application with the DRACS, however, due to the absence of a similar desire of her husband, divorce proceedings are possible only through the courts.
Which court should you apply for divorce if you have children in Ukraine?
In order to avoid the return of the statement of claim, you must pay attention to the correct jurisdiction, since claims for divorce can be filed:
- at the place of residence of the defendant;
- at the place of residence of the plaintiff;
According to the general rules for filing a statement of claim, it must be filed with the court at the place of residence of the defendant. However, in accordance with the Civil Procedure Code of Ukraine, it is possible to send an application to the place of residence of the plaintiff if:
- a minor / minor child, or a disabled child lives with the plaintiff;
- departure of the plaintiff to the court at the place of residence of the defendant is difficult, despite the poor health of the plaintiff.
Divorce petition in court with children (sample 2021) in Ukraine
A competently and fully prepared statement of claim will allow you to avoid additional questions in court, as well as prevent the return of the claim and the delay in the dissolution of the marriage. Sample statement of claim.
There is a court fee when filing a lawsuit for divorce of 908 hryvnia (as of 2021). The price changes every time, the tax minimums change. That is why we recommend that you update this information immediately before filing a claim.
The statement of claim must contain:
- Name and address of the court.
- Full name, address and contact telephone number of the plaintiff.
- Full name, address and contact telephone number of the defendant (second spouse).
- content:
- a thesis statement of the fact of marriage;
- reason (motivation) for divorce;
- the presence or absence of a dispute about children and property and a brief description of this dispute on the merits.
- Claim requirement – that is, a request to the court to dissolve the marriage union with a spouse.
- Attached:
- statement of claim;
- copies of passports and taxpayer code of the plaintiff and the defendant;
- copies of birth certificates of children;
- copy of marriage certificate;
- statements of income of the plaintiff and the defendant (when considering the issue of the further maintenance of the child);
- documents at the place of residence of the spouses, their characteristics from the place of work (if the parties have not decided the issue of who the child will stay with)
- marriage contract (if any), documents for property (if it comes to its distribution);
- Receipt of payment of the court fee in the amount of UAH 908 (as of 2021).
Do not worry if, for whatever reason, not all documents were attached when filing a claim. There are no documents related to the issues under consideration, if necessary, the assistant judge or the judge himself will ask to convey them at the hearing.
When filing a claim for divorce in court, remember that the moment of termination of the marriage union will be the day the court decision comes into force.
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