Documents for divorce from children

Documents for divorce from children in Ukraine

If a married couple has minor children in common, the divorce takes place in court. In this case, the initiator of the divorce is one of the spouses, who submits a statement of claim to the district court.

The statement of claim is accompanied by a list of documents required by the court to consider the case and make a fair decision: as a rule, these are documents proving the identity of the spouses, a copy of the marriage certificate and documents relating to individual claims:

• documents about children – birth certificates, certificates from the place of study and treatment, certificates of the parents’ wages (when assigning alimony), etc .;
• documents on jointly acquired property (copies of certificates, checks, contracts).

Since the requirements of the courts in terms of documentary support of the statement of claim are the same and are regulated by the Civil Procedure Code of Ukraine, the list of documents will be the same throughout Ukraine, regardless of the subject in which the claim is being considered.

List of documents for divorce through the court, if there is a child in Ukraine

The list of documents will differ slightly depending on the circumstances of the case.

The court fee check is one of the required documents that the court must file at the time the claim is filed, because without paying the court fee, your claim will be deemed not filed.

If there is a dispute between spouses about children, the court of obligatory involvement as a third party is the guardianship and guardianship body, which must prepare two separate documents for the court:

• an act of examination of the living conditions of each of the parents (for this, the specialists of the guardianship department visit the parents at the place of residence or stay);
• conclusion – where they express their independent position on the merits of the dispute.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: how quickly to leave, divorce and children, how do children share in divorce? how to pick up a child from an ex-wife? division of property in case of divorce from children, division of an apartment in case of divorce from a child, communication with a child after a divorce, restriction of communication between a father and a child. the wife forbids seeing the child – what to do?

The procedure for drawing up an application for divorce from children (sample 2021) in Ukraine

The statement of claim is drawn up in accordance with the procedure described in the Civil Procedure Code of Ukraine, therefore, there will be no significant differences: only the name of the court in the address part and the claims (or divorce itself, or divorce, including those related to the decision the issue of children and property).

The statement of claim consists of (sample link):

• The address part contains

1. the name and address of the location of the court;
2. Full name, address and contact telephone number of the plaintiff-applicant;
3. similar information about the plaintiff (if involved in the case)
4. Full name, address of residence and telephone of the defendant (if any).

• Claim name:

1. “Statement of claim for divorce”;
2. “Statement of claim for divorce and the procedure for determining the child’s place of residence”, etc.

• The main body of the claim contains

1. information about the marriage with the defendant;
2. the presence of children in the marriage;
3. the reason for the divorce;
4. claim requirements:
5. reasons for the desire to break the family union;
6. solutions to other similar issues (division of property, determination of the procedure for communicating with the child, determination of alimony, etc.).

• The list of documents (submitted to the court according to the number of persons participating in the case) includes the mandatory presence of a receipt for payment of the court fee.

If the statement of claim is filed without paying the court fee, the case will not be accepted for consideration by the court for payment by the plaintiff.

Where to apply for divorce if you have minor children in Ukraine

A claim for divorce (together with documents) is filed and can be considered in court if the divorce proceedings are accompanied by controversial issues regarding common children and common property, and the spouses have not reached a deal on:

• determination of the place of residence of children;
• determining the order of communication with the father’s child, who lives separately;
• the purpose of alimony (amount, method of payment, etc.)
• division of the spouses’ common property;

The application can be submitted to the court in two ways:

1. personally to the court office (in this case, the employee accepting the documents must be asked to put a mark on the acceptance of the statement of claim on his copy)
2. by using a registered mail link (i.e. by registered mail with notification).
3. Online conclude an agreement with our family lawyer, who will assemble, submit, support and submit the claim to the court independently.

• The jurisdiction of the claim must be respected by the plaintiff, otherwise the court will make a decision on improper jurisdiction, oblige the plaintiff to redirect the claim and delay the consideration of the case. In addition, in this case, the court fee paid will not be refunded to you.
• The court fee must be paid and falls with other documents at the time of filing a claim with a particular court.

Documents and features of a divorce through the registry office with a child in Ukraine

In some exceptional cases, despite the presence of a couple of common minor children, a divorce can be carried out in the registry office, which means unilateral divorce, when one of the spouses is unable to express his consent or disagreement with the divorce (or his opinion not taken into account), because:

• one of the spouses was recognized by the court as missing and this was confirmed by a decision that entered into legal force;
• recognized by the court as the incapacity of the spouse.

Divorce documents are provided unilaterally to the registry office on the day of application:

1. Applicant’s passport.
2. Original marriage certificate.
3. A copy of the document confirming the lack of consent to the divorce of the other party (or a document confirming the disappearance of the party, etc.).
4. A receipt for payment of the state duty, which is paid on the day of application.

Divorce unilaterally is carried out within a month from the date of submission of the application.

Useful site materials rozluchennya-onlain.com.ua:

1. Divorce and children
2. How to break up quickly
3. Divorce during pregnancy
4. Refusal to divorce
5. Divorce in Ukraine without a lawyer (on your own)
6. Divorce in the presence of common minor children
7. Restoring marriage
8. Age of marriage in Ukraine
9. Nullity of marriage