Refusal to divorce | Evasion of divorce

Contents

Refusal to divorce in Ukraine
Refusal of the registry office and the court to dissolve the marriage in Ukraine
Grounds for refusal to register divorce in Ukraine
How to pick up an application at the registry office if you change your mind about getting divorced in Ukraine
How to opt out of a divorce statement in Ukraine
What to do if one of the spouses does not want to leave in Ukraine

Refusal to divorce in Ukraine

Refusal (evasion) to dissolve the marriage relationship most often occurs in one of the spouses – in the form of unwillingness, in principle, to dissolve the marriage. This circumstance obliges the “other half” to draw up a divorce exclusively through the courts.
Spouses may change their minds to part after the application for divorce has already been submitted to the registry office or the court. If there is a refusal to divorce in court, then the plaintiff must write a statement of refusal from the claim (familiarize yourself with the sample).

Situations are not excluded when the dissolution of a marriage can be refused by official structures – the registry office or the court – such cases arise when the applicants or one of them instituted civil legislation regulating the process of divorce.

Refusal of the registry office and the court to dissolve the marriage in Ukraine

Spouses should bear in mind that official structures may refuse to carry out divorce proceedings.

The registry office will refuse a divorce if:

he is not authorized to consider the application for divorce, since the family has joint minor children, or there is no consent to dissolve the union of one of the spouses;
the spouses cannot provide the necessary documents: the marriage certificate is lost, there is no document identifying one of the applicants;
the family union was previously invalidated.

The court will return the statement of claim for divorce if the husband of a pregnant woman or raising a child under one year of age expresses a desire to divorce.

If the plaintiff-applicant confused something with the jurisdiction or the attached documents, paid the court fee incorrectly, the court will make a decision to eliminate the violations, and only after correcting the “mistake” the case will be accepted for consideration.

It should also be noted that the failure of the defendant to appear in the divorce proceedings will not prevent the plaintiff from obtaining a divorce – after two postponed hearings, the court will make a decision and file the divorce without the presence of one of the spouses.

Grounds for refusal to register divorce in Ukraine

The registration of divorce filed with the registry office or the court may be refused in the following cases:

if there are discrepancies with the norms established by the current legislation;
the submitted documents do not meet the required standards.

A person who is refused registration of divorce has the right to demand an explanation of the reasons for the refusal. In this connection, the head of the registry office is obliged to inform them in writing.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: state duty for divorce, divorce certificate, restoration of a divorce certificate, invalidity of marriage, age of marriage in Ukraine, restoration of marriage, divorce in the presence of joint minor children, divorce during pregnancy.

How to pick up an application at the registry office if you change your mind about getting divorced in Ukraine

The need to refuse an application for divorce in the registry office arises if the spouse is reconciled and does not want to file a divorce. It is no coincidence that the parties are given a month to reconfirm their decision.

Since the preservation of the family is one of the priority tasks of the state, the legislation does not approve any mechanism for refusing an application for divorce, which is drawn up in the registry office.

If the spouse does not arrive at the Civil Registry Office (Civil Registry Office) at the end of the month after receiving the divorce certificate, the divorce application is canceled by default, and the marriage is considered saved.

In other words, if the spouses change their minds to file a divorce, they have the right not to withdraw the previously submitted application, but simply not to appear on the divorce certificate.

It is important to note: if the registration of divorce has not been carried out and the spouses refuse to apply for a divorce, then the paid state fee is not refundable.

How to opt out of a divorce statement in Ukraine

The divorce process in court is regulated by family and civil procedure legislation. A statement of claim for divorce is submitted to the court by one of the spouses and is considered by the court from one to three months.

If the parties by the time of consideration of the application by the court have made a decision on conciliation, the plaintiff-applicant has the right to drop the claim. To exercise this right, the plaintiff may:

directly at the trial to declare a verbal waiver of claims in connection with the reconciliation of the parties (this statement will be entered into the minutes of the court session)
before the appointment of a lawsuit, write a written statement of dismissal of the claim (leaving the claim without consideration).

In such circumstances, the court terminates the divorce proceedings, and a court decision is made, explaining the termination of the case by the plaintiff’s refusal to claim.

It should be noted that the consequences of refusing a claim specified in the Civil Procedure Code of Ukraine do not apply to family relations, and the plaintiff will in the future have the right to go to court with the same claims.

If, however, a decision has already been made in the divorce case, it is impossible to reject the claim – the parties wishing to maintain a common family life in marriage will need to remarry.

At the same time, a new marriage union is often confused with the restoration of marriage, but procedurally these are different concepts. The restoration of marriage is possible only if a person has appeared who was previously recognized by the court as dead or missing, and both parties to the marriage relationship want to reunite completely, in all other situations it is possible to restore the family union only by remarrying. In this case, a new marriage certificate is issued to the spouses (with other details), and the total “marriage experience” will be interrupted for the period from the moment the court decision on divorce comes into force until the actual date of the new marriage.

What to do if one of the spouses does not want to leave in Ukraine

In the divorce proceedings, the concept of “common expression of the will of the spouses” is of great importance. Based on the mutual desire to part, this procedure can be carried out in the registry office in the event that:

the parties have no minor children in common;
there is no dispute between them about the ownership of the jointly acquired property.

If the wife or husband does not grant a divorce or evades a joint appeal to the registry office, the other party will have to file the divorce unilaterally in court.

Step-by-step procedure for filing a unilateral statement of claim for divorce:

Determine the jurisdiction of the statement of claim.
To decide on the payment of the state fee so that the claim is accepted for production on time, since the court fee paid incorrectly will entail the issuance of a ruling by the court and slow down the acceptance of the case for production until the plaintiff eliminates the violation (that is, making the correct payment).

Considering that in the absence of the consent of the other party to the dissolution of the marriage, the court takes the necessary measures for the possible reconciliation of family members, the consideration of the divorce proceedings can be postponed for up to six months.

If after six months the spouse has not changed his decision to dissolve the family union and insist on divorce, the court decides on the dissolution of the marriage. The marriage is terminated by the court, and is considered terminated from the moment the relevant decision enters into legal force.

The failure of the defendant to appear at court hearings on divorce, with proper notification by the court, can somewhat delay the trial: the judge will simply postpone it to another date (no more than two times). However, this will not become an obstacle to divorce: at the third session, the court will make a decision on divorce without the participation of a person who evades the process.