How does divorce work in court 2022

Как происходит развод в суде

 

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about the procedure and terms for dissolution of a marriage in court and what questions a judge can ask during a divorce process.

How is a divorce in court in Ukraine

If the spouses have children who have not reached the age of majority, or one of them does not agree to part, the dissolution of the marriage occurs only in court (in accordance with the Family Code of Ukraine).

The court will consider cases on termination of marriage. It all depends on whether the spouses have reached an agreement on the further place of residence of the children and there is no need to consider the issue of dividing the jointly acquired property.

The divorce procedure in court contains several stages:

  • drawing up a statement of claim and providing a set of documents;
  • payment of the court fee (for 2021 it is 908 UAH, 00 kopecks);
  • adoption of a court ruling on the opening of proceedings on the case;
  • preliminary hearing on the case;
  • main hearings;
  • adjudication and entry into force.

The duration of the divorce proceedings in court depends on the number of meetings, the appearance of the parties, the presence or absence of a period for reconciliation of the spouses. Usually, the minimum period for a court decision on a divorce is one month from the date of acceptance of the statement of claim for consideration.

Judicial hearings on divorce, as well as other administrative cases, are conducted by a single judge or a judge and a secretary. Each hearing consists of:

  • checking the attendance of the parties;
  • disclosure of their rights and obligations;
  • speeches of the plaintiff and defendant;
  • examination of evidence;
  • debate of the parties;
  • pronouncement of the judgment.

The procedure for divorce through the court in Ukraine

After the initiator of the dissolution of the marriage sends a statement of claim to the court with the relevant requirements, the judge decides to open proceedings on the case. If the application is drawn up incorrectly or an incomplete set of documents is provided, the court may refuse to accept the application or return it to the plaintiff in order to eliminate the shortcomings that interfere with the consideration of the case.

If the application is accepted, the court appoints a preliminary hearing. According to the current legislation, it is necessary to determine the readiness of the case for consideration. The preliminary hearing is held by the judge alone, and the plaintiff and the defendant are notified in advance of the date and place of the hearing.

During the preliminary court session, the judge checks the submitted documents, finds out additional circumstances. At the same stage, the spouses will be asked to reconcile. If this does not happen, the court will set a date for the main meeting.

Hearing on dissolution of marriage through the court in Ukraine

Divorce hearings, like other court hearings, begin with a check on the attendance of the parties. If the spouses are present, the hearing is declared open. If the spouses were notified of the date and place of the proceedings, but one of them did not appear in court, the divorce hearing may be postponed for re-notification.

Like any hearing in civil cases, the consideration of a divorce case takes place in several stages:

1. The court explains to the spouses the rights and obligations of the parties. Thus, according to the Civil Procedure Code of Ukraine, the plaintiff has the right to refuse a claim, increase or decrease the amount of claims. At this point, the spouses may file motions relevant to the case.

2. Statement by the plaintiff and the defendant. According to the Civil Procedure Code of Ukraine, the parties must prove the circumstances on which they establish their claims.

  • In the case of divorce proceedings, the judge invites the spouse who is the plaintiff to speak first. She can explain the reasons why a marriage cannot be extended.
  • After the plaintiff’s speech, the other spouse can ask him a question and express his point of view.

If the defendant does not agree with the decision to dissolve the marriage and believes that there are chances to save the family, his statements may be taken into account by the judge. In this case, the spouses are assigned a period for reconciliation.

3. Examination of evidence. After the spouses have spoken and voiced their position, the judge proceeds to examine the evidence. This stage is especially important if, simultaneously with the divorce case, the issues of division of the property jointly acquired by the spouses or the subsequent place of residence of children are considered. The court may consider written evidence, such as income statements, involved experts and witnesses.

4. Debates of the parties. After examining the evidence presented by the spouses, the judge gives them the opportunity to speak again. This stage is called the debate of the parties. The plaintiff and the defendant or their representatives during the judicial debate may speak taking into account the evidence heard and presented by the other party.

5. Announcement of the court decision. After the debate of the parties, the court may take a break, announce the appointment of a rehearing for another day, or immediately decide on a divorce case. If only the issue of divorce is being considered, the judge after the first meeting often appoints a reconciliation period for the spouses, after which a new meeting is scheduled and the final court decision is made.

Speeches of the spouses, questions and explanations of the judge, according to the Code of Civil Procedure of Ukraine, are recorded in the minutes of the court session. It can be drawn up both during the hearing and after it within three days. Spouses may demand that circumstances that seem significant to them for consideration of the divorce case be entered in the minutes.

What questions does the judge ask during a divorce in court in Ukraine?

The family legislation of Ukraine is aimed at protecting childhood, motherhood and preserving the family. Therefore, the main task of the judge when hearing a divorce case is to find out the reason for the collapse of the family union and try to prevent divorce. The main question that the judge will ask the spouse who initiates the divorce will be the question of the reasons for the dissolution of the marriage. The most common reasons for dissolution of a family union are:

  • alcohol or drug addiction of a husband or wife;
  • marital infidelity;
  • separation or loss of close relationships in a couple
  • cruelty was shown by one of the spouses.

If the spouses have minor children, then another important question will be whether an agreement has been reached between the spouse on the place of their subsequent residence and the order of communication with each parent.

At the second meeting, the judge will check with the spouses whether they have changed their decision. If this does not happen even after the reconciliation period, a court decision on the dissolution of the marriage will be made.

Terms of divorce through court in Ukraine

Divorce proceedings in court can take unequivocally longer than divorce through the registry office:

  • usually the first hearing on the case can be scheduled not earlier than one month after the acceptance of the statement of claim;
  • the decision made by the court also enters into force 30 days after its promulgation (this period is given to the parties appealing the decision).

Thus, the minimum period for terminating a family union through the courts is two months.

The duration of the divorce proceedings is directly affected by the appearance of the parties. Provided that both the plaintiff and the defendant were notified of the date and place of the hearing, but one of them did not appear in court, the judge has the right to adjourn the meeting and set another date for the hearing. At the same time, according to the legislation of Ukraine, the court decision can be canceled if the meeting was held without one of the spouses or his representative and there are no written confirmations that he was notified.

However, even if both parties appear, the dissolution of the marriage through the court may be postponed for several months due to the appointment of a period for reconciliation of the spouses. According to the Family Code of Ukraine, this period cannot exceed six months.

Conclusion

The rules for terminating a marriage in court are regulated by the Family Code and the Civil Procedure Code of Ukraine. The appearance of both parties and the agreements reached in advance on the further place of residence of the children and the division of jointly acquired property will help speed up the consideration of the case.

Also useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: the age of marriage in Ukraine, the restoration of marriage, divorce in the presence of common minor children under 18 years old, divorce in Ukraine without a lawyer (independently), refusal to dissolution of marriage, divorce during pregnancy, quick divorce in Ukraine 2022, divorce and children, documents for divorce with children, how are children divided in a divorce?, division of property in a divorce with children.

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 court session.
  • 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 court case will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in divorce proceedings.

Take the first step towards your victory in a divorce court case, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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Useful site materials rozluchennya-onlain.com.ua:

  1. Divorce at the request of the guardian of one of the spouses
  2. divorce proceedings
  3. How to divorce your husband?
  4. How to divorce your wife
  5. How and where to file for divorce online
  6. Divorce by mutual consent
  7. Divorce without wife’s consent
  8. How to divorce your husband without his consent
  9. Divorce with division of property in Ukraine
  10. Divorce in the presence of a dispute about children
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