What is needed for a divorce

Что нужно для развода

Family Lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about what you need for a divorce and what documents to prepare for a divorce in Ukraine, as well as what are the nuances of divorce in the presence of children. After reading this article, you will find out how much the services of a divorce lawyer will cost, how to properly file a divorce with or without the consent of one of the spouses.

What is needed for a divorce from a husband or wife in Ukraine?

Divorce, according to the Family Code of Ukraine, can occur in several ways, depending on the circumstances. The dissolution of the marriage of spouses who have minor children together is carried out in a judicial proceeding – in the district court. The dissolution of the marriage of spouses who do not have children or who have reached the age of majority takes place in the bodies of the DRAS at the place of registration of the marriage or at the place of residence of one of them, with the mutual consent of the spouses. spouse, as well as in the absence of disputes about the division of property.

Dissolution of a marriage in court occurs if one of the spouses does not agree to the termination of family relations, refrains from filing a joint application with the DRAC bodies, and also if the spouses have joint children who have not reached the age of 18. .

For each of these cases, the procedure for filing an application and the conditions for its consideration in the appropriate instance will be different (as well as the list of required documents, the amount of the state duty or the fee in the divorce court, etc.).

Divorce documents in Ukraine

According to the provisions of the Family Code of Ukraine, the basis for dissolution of marriage may be the application of both spouses, as well as the guardian of the incapacitated spouse, who, depending on the life situation, will have to sue. Department of DRAGs or to the court:

In accordance with the current legislation of Ukraine, the dissolution of a marriage in the bodies of the DRAGS can be carried out only by mutual consent of spouses who do not have common minor children. Divorce in the bodies of the DRAGS without the participation and consent of the spouse is possible only in cases provided for by the current legislation of Ukraine

Grounds for divorce by court order are:

  1. the presence of common minor children;
  2. disagreement with the dissolution of the marriage of one of the spouses or his refusal to file an application;
  3. dispute on the division of the joint property of the spouses.

In a lawsuit filed by a husband or wife, it will be necessary to explain why it is impossible to further extend family life. Men’s addictions (alcoholism, drug addiction), long-term separation, lack of mutual understanding in the family, etc. are often indicated as reasons.

How much does a divorce cost: help of a lawyer in Ukraine

Skryabin Aleksey Nikolaevich provides his services at affordable prices and guarantees a serious and honest approach to his work. The cost should not be considered only in terms of money spent, because it is actually a payment for the opportunity to most effectively and easily solve your problems. Thanks to communication with a qualified specialist, clients receive the necessary information on their case, which you will not find anywhere else, valuable recommendations on how to get out of this situation, proceed with the case in court, and much more.

With an experienced lawyer, you can expect the following:

  • as accurately as possible to find out the essence of the problem;
  • study all information and documents related to the situation;
  • learn about the real and legal possibility of achieving the desired result;
  • suggest possible ways to achieve it;
  • assistance in resolving disputed legal relations;
  • if it is possible to achieve the desired result, they will offer you specific assistance and draw up an agreement for its provision.

Turning to a trusted lawyer, you can count on the fact that everything will be done in accordance with the letter of the law, taking into account the interests of the client and respecting the confidentiality of the information provided.

You can find the list and cost of services of a family divorce lawyer on our website.

What you need to dissolve a marriage with children in Ukraine

To file a divorce in court, spouses with common minor children must:

Decide which court will hear your divorce case. Jurisdiction in a divorce case depends on where the parties reside, with whom the child(ren) resides and who maintains them.

According to the Code of Civil Procedure of Ukraine, the court may decide on the place of residence of a minor child with one of the parents simultaneously with the requirement for divorce in the absence of a dispute about the place of residence of the child.

If the spouses could not agree on who the minor child will remain with, they can only divorce in the district court according to the general rules of jurisdiction. In parallel with the divorce proceedings, the court may also consider the issue of division of property of the spouses.

Divorce file. The plaintiff must apply to the court at the place of residence of the defendant. However, if minor children live with him, you can apply at his place of residence, but this fact must be confirmed by an appropriate document (for example, a certificate of family composition). The completed application must be accompanied by copies of the marriage certificate, birth certificates of children, a copy of the passport and a receipt for payment of the state duty. All of these applications must be properly certified.

After the court accepts the application for consideration, a date for the preliminary hearing will be set, after which the main hearing will take place. According to the Code of Civil Procedure of Ukraine, a preliminary hearing is held to check the readiness of the case for consideration. The main hearings are scheduled no earlier than one month after the claim is accepted for consideration.

After considering the case, the court decides on the dissolution of the marriage. It enters into force 30 days after its adoption. The marriage is dissolved on the basis of this decision. We remind you that from 27.07.2010 a certificate of divorce (on the basis of a court decision) is not issued.

Divorce in Ukraine if there is a small child

So, the Family Law of Ukraine guarantees the protection of the family, motherhood and childhood, the dissolution of the marriage of spouses who have common children under the age of one year, has several features:

Marriage with a child under the age of one year may be terminated only if paternity is recognized by another person or, on the basis of a court decision, information about the father of the child will be excluded from the register of civil status of the child. A claim may also be filed if one of the spouses commits unlawful acts that have signs of a crime against the other spouse or child.

According to the Family Code of Ukraine, a claim for divorce before the child reaches the age of one year will not be considered by the court. This standard serves to protect the rights and interests of the mother and child, who in this situation are in a more difficult position.

Dissolution of the marriage of spouses in the presence of minor children takes place in a judicial proceeding in a general manner. The reason in this case can be both a spouse and a husband. However, divorce proceedings in the presence of a small child can drag on for several months. The judge has the right to give the spouses a period for reconciliation of not more than six months.

Moreover, in this case, the ex-wife has the right to receive maintenance not only for the maintenance of children, but also for her own maintenance until the child reaches the age of three. This issue can be considered by the court both jointly in the same proceedings with the divorce case, and separately from it. Alimony for the maintenance of the former spouse is allocated as a share of earnings or as a fixed amount of money, which depends on the total income of the husband.

What needs to be done to get a divorce with or without the consent of the husband in Ukraine

Divorce without the consent of the man is possible only in court. Family law provides only two exceptions to this rule (when a divorce can be obtained through DRAC without the consent of the other spouse):

  • if the spouse is declared incompetent;
  • if the husband or wife is missing.

In such situations, in addition to a passport and a receipt for payment of the state fee, the DRAGs authority, in order to accept an application, requires an appropriate court decision confirming the relevant legal facts. In other cases, divorce without the consent of the man is possible only in court.

Divorce can be formalized with the general consent of the spouses through the bodies of the DRAG only if the spouses do not have common minor children and there are no property disputes. In this case, the dissolution of the marriage takes place in the DRAGS authority at the place of residence of the spouse or at the place of registration of the marriage. You can also apply online at dracs.minjust.gov.ua.

It is imperative that you personally apply to the DRAGS authorities for an amicable divorce. Official divorce – a month after filing the application in the prescribed manner. On the appointed day, the ex-spouse must appear at the department of the DRAGs authority to obtain a certificate of divorce. Marriage is considered dissolved from the moment the corresponding entry is made in the register of civil status acts.

You may also find useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich: what is needed for a divorce, where to file for divorce, how to file a divorce, file a divorce through the registry office in Ukraine, divorce in court in Ukraine, jurisdiction of divorce cases , divorce in the district court, divorce in the event of a dispute about children, divorce with the division of property in Ukraine, how to divorce a husband without his consent.

What do you need to file for divorce in Ukraine?

The package of documents required for the dissolution of a marriage differs for the authorities of the DRAC and the court. There is also a difference in the amount of the state duty or court fee, which must be paid for the application and for obtaining a certificate of divorce.

For a divorce in court, you will need:

  • file for divorce;
  • pay the court fee;
  • support the application with the necessary set of documents (copy of passport and taxpayer code, marriage certificate, birth certificates of children, receipt of payment of state duty);
  • be present at the preliminary hearing and then at the main hearing;
  • get a copy of the court decision on the dissolution of the marriage.

In order to file a divorce at the RAGS, the spouses must fill out an application for divorce in the approved form, pay the state fee and, thirty days after submitting the documents, come to the DRAGs office and receive a certificate of divorce.

What is needed for a divorce in DRAGS without children and without division of property in Ukraine

As mentioned earlier, an administrative divorce is by mutual consent of the spouses if they do not have common minor children, so it is necessary that both report to the DRAG department. To apply for a divorce, the spouse must provide the following documents:

  1. passports;
  2. marriage registration certificate;
  3. receipt for payment of state duty.

The amount of the state duty for the termination of a family union in the GRATSS bodies is 0.5 of the non-taxable minimum income of citizens (UAH 17 x 0.5 = UAH 8.50). You can pay for it at a bank branch, through an ATM, self-service terminals or directly at a GRATSS branch.

After checking the documents by an employee of the DRAGs authority, the spouses must fill out an application for divorce and back it up with signatures.

A month after the submission of the application and documents, the ex-spouse must return to the DRAGS department for ready-made certificates of divorce. Recall that from 07/14/2016 the standard of attitude in the passport of the mark on the dissolution of marriage was canceled.

What do you need to file for divorce in Ukraine?

To dissolve a marriage in court, one of the spouses, acting as a plaintiff, must file an appropriate claim. It is drawn up in writing (printed or handwritten) and must contain information about:

  • сourt (name, address, means of communication);
  • plaintiff and defendant (name and surname, address, place and date of birth, passport details and tax code, means of communication);
  • the reasons for which it is impossible to continue the extension of family life.

A receipt for payment of the court fee is attached to the application. Only the plaintiff pays, the amount of the court fee for filing an application for divorce in court in 2021 is UAH 908. 00 copy The application must also be accompanied by:

  • a copy of the applicant’s passport and tax code;
  • a copy of the defendant’s passport and tax code (if);
  • a copy of the marriage certificate;
  • copies of children’s birth certificates.

Additional attachments may be attached to the application. For example, the plaintiff may request that the case be heard without his participation or presence. It is also possible to display the priority method of notifying the parties about the date and place of the court session.

If the spouses agree in court on the place of residence of the children after the divorce and how to communicate with each of the parents, this can also be attached to the application in writing. Having contracts will help speed up the divorce process.

If the statement of claim is drawn up correctly and meets all the requirements of the Code of Civil Procedure of Ukraine, the court accepts it for consideration and sets the date for the court session. If at the meeting the defendant’s spouse declares the possibility of preserving the family, the court may set a period for reconciliation of the spouses for a period not exceeding six months. However, the failure of the other party to appear at the hearing without good cause cannot void the divorce. The court session may be postponed, but after the second adjournment, the court decides on the dissolution of the marriage without the presence of the defendant (the court decision in absentia).

Based on the results of the hearing, the court decides on the dissolution of the marriage, which takes effect thirty days later. Former spouses receive copies of this decision. The marriage is dissolved on the day the court decision on the dissolution of the marriage comes into force.

Services of a lawyer in the field of family law in Ukraine

  • A family lawyer will give you legal advice and help you prepare all the paperwork you need to divorce your husband or wife.
  • 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 proceedings with your husband or wife will be resolved more professionally and faster.
  • By contacting us, you are guaranteed to receive professional legal assistance in case of a divorce from a husband or wife.

Take the first step towards winning your spouse’s divorce case, call or email a lawyer, and all your questions will be answered.

Family Lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
Doctor of Law
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