Where to file for divorce

Заявление о расторжении брака

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about where and how to properly file documents for divorce, as well as how to file an application for divorce without errors.

Where to apply for a divorce in Ukraine

You can end a marriage:

  • through the registry office;
  • through the court.

Divorce in the registry office, as a rule, is faster and cheaper than litigation. It is possible to apply to the registry office if the spouses do not have common minor children, and both parties agree to a divorce (with the exception of some cases).

You can apply for a divorce at the registry office online. To do this, you need to register on the dracs.minjust.gov.ua portal and confirm your identity. After identification, the user has access to the services provided in the region. For more information on e-filing options, please visit the website or contact support.

Where to apply for a divorce in Ukraine?

Also useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: divorce without the consent of the wife, divorce by mutual consent, how and where to file for divorce online, how to divorce your wife, how to divorce your husband? , divorce proceedings, divorce at the request of the guardian of one of the spouses, court fee for divorce in court, how a divorce happens in court 2022, amicable agreement in case of divorce.

Apply for divorce online in Ukraine

The application and documents can be submitted on the portal dracs.minjust.gov.ua. This option is convenient if at the initial stage it is faster for a couple to get to ONLINE services than directly to the registry office. Obtaining a certificate of divorce is possible only in person at the registry office.

If you want to use ONLINE services, it is important to check if this option is available in a particular region of Ukraine. More detailed information can be obtained on the portal dracs.minjust.gov.ua.

Application for divorce through the court in Ukraine

In such cases, the dissolution of the marriage will take place in court:

  1. the spouse has common minor children (it does not matter whether the spouses agree to a divorce or not);
  2. one of the parties does not want to dissolve the marriage;
  3. the husband (wife) does not speak out against the divorce, but avoids writing an application to the registry office.

The court considers property disputes between spouses and disagreements about the place of residence of minors, as well as issues of payment of alimony.

It should be noted that from July 27, 2010, a certificate of divorce (on the basis of a court decision) is not issued.

Complaint for divorce in Ukraine

According to the requirements of the Family Code of Ukraine, it is not necessary to indicate the reasons for the divorce in the statement of claim, if the spouses agree to it. If only one party is interested in the dissolution of the marriage, the motives are indicated that should convince the judge that the further cohabitation of the spouses is impossible, and the marriage must be dissolved.

In the analysis of judicial practice, the following reasons for divorce can be distinguished:

Life related:

  • problems with alcohol, gambling or drug addiction;
  • material problems associated with the unwillingness of one of the parties to provide for the family, parasitism, wastefulness;
  • irresponsible approach to family life, immoral behavior;
  • domestic violence (beating, insults, etc.);

Problems of a personal nature:

  • loss of feelings of love and (or) respect;
  • hostility towards a partner;
  • the difference in views on family values and goals in life, for example, the dissatisfaction of the husband that his wife is a careerist.

Lawyers are advised to state the reasons clearly and without unnecessary emotional overtones. If possible, the facts are documented. If we are talking about the dependence of a man, a certificate from the narcological dispensary is added. If a man is accused of assault, you should contact the police to document the beatings.

A common reason for divorce is adultery. It is not necessary to describe the details in the statement, it is enough to mention the fact and, if possible, invite witnesses.

Which court to apply for divorce

The court considers cases on the dissolution of a marriage if the spouses have children under the age of 18 and (or) disagreement of one of the parties to the dissolution of the union. Depending on the type of divorce proceedings, a claim can be filed in any district court.

If the parents resolved the dispute about the children on a voluntary basis, but cannot independently establish the procedure for paying child support, the case will be considered in court.

You must apply to the district court in the presence of at least one of the following circumstances:

  • there is a need to divide the property of the spouses;
  • it is necessary to appeal or recognize paternity (maternity);
  • we are talking about the deprivation or restriction of parental rights;
  • other disputes about children are considered, for example, establishing the place of residence of the child, the schedule of visits with him.

The plaintiff has the right to combine several related claims in one statement of claim (according to the Civil Procedure Code of Ukraine).

An application for divorce may be considered by the court at the place of residence of the plaintiff in the following cases:

  1. the plaintiff’s visit to the court at the place of residence of the defendant is impossible for health reasons;
  2. belongs to the consideration of the case on the recovery of alimony or on the recognition of paternity;
  3. a child under the age of eighteen lives with the plaintiff.

In other cases, the claim is filed at the place of registration (residence) of the defendant. If it is unknown to the plaintiff, it is possible to file a claim in the court at the last known place of residence of the defendant.

In the case of the general consent of the spouse to divorce, the consideration of the case takes at least a month. If the spouse opposes the dissolution of the marriage, the court may set a time for reconciliation and the case may be adjourned for up to six months.

Documents for filing an application for divorce through the court in Ukraine

  • Basic Documents Required to File a Divorce Claim.
    Petition for divorce (two copies).
  • Passport and taxpayer code of the plaintiff, if the initiator of the divorce is one or the spouse.
  • Receipt of payment of the court fee (divorce through the court) (details can be found directly in court or on the website of the judicial authority of Ukraine).
  • Marriage certificate.
  • Depending on the circumstances, attached to the claim.
  • Birth certificate of the child(ren).
  • Evidence confirming the existence of jointly acquired property, title documents.
  • Bank statements.
  • If available – notarized agreements on the payment of alimony, the place of residence of children, etc.
  • Certificates from the work of the defendant and (or) the plaintiff (including salary).
  • Documents confirming the place of residence of the spouses (extracts from the house book, certificates of residence).
  • It is necessary to add to the statement of claim for divorce copies of all documents for the defendant, except for the receipt of payment of the court fee. Please note that only the original receipt of payment of the court fee is attached to the statement of claim.
  • The list of documents depends on the circumstances of the divorce, the existence of property and other disputes. It is important to provide the court with all available evidence supporting the stated claims.

If we are talking only about the dissolution of marriage, the size of the court fee will be 908 UAH. (as of 2021). If there are other requirements (for example, the division of property of the spouses), the amount of the court fee will increase and will depend directly on the value of the claim.

How to file a claim for divorce in Ukraine

In order for the application not to be returned by the court, it must be drawn up in accordance with the requirements of the Code of Civil Procedure of Ukraine. The claims are subject to the following requirements. The introductory part indicates the name and address of the court, information about the plaintiff and the defendant (full name, passport details, taxpayer code, place of residence, methods of communication). The substantive part briefly outlines the reasons and circumstances of the divorce, other issues related to the process (the division of property, determining the place of residence of children) affect. Attached is information on the pre-trial resolution of the dispute (agreement on children, property).

The requirements of the claim are clearly indicated: to dissolve the marriage, to resolve the issue of paying alimony (if there is such a dispute). The documents attached to the application are listed in the form of a list. At the end of the application, the signature of the plaintiff and the date is put. Also, you should pay attention to the fact that all copies of documents must be properly certified.

If you have any difficulties, it is recommended that you seek legal advice. A well-written application with specific requirements speeds up the process and increases the likelihood of a claim being satisfied.

When writing a statement of claim for divorce, you can use the following templates:

  • without consent and without children;
  • with kids;
  • on behalf of the spouse;
  • on behalf of a man
  • with the consent of the spouses;
  • when one of the spouses does not agree;
  • on the division of property;
  • on the recovery of alimony;
  • about the place of residence of the child.

The samples above are for informational purposes only. If necessary, you can use some language to describe a particular situation. The application can either be typed or handwritten.

Application for divorce in the registry office in Ukraine

You can apply for a divorce at the registry office if the following conditions are met.

  1. Mutual consent of the spouses to the dissolution of the marriage.
  2. Absence of common minor children.

If one of the spouses does not express objections, but evades a divorce at the registry office (including filing an application), then the dissolution of the marriage takes place in court.

State registration of a divorce is carried out by the registry office at the place of residence of the applicants (one of them) or at the place of marriage.

For registration of dissolution of marriage by mutual agreement, applicants attach the following documents to the completed form (application for divorce):

  • Applicant’s identity card (passport).
  • Marriage registration certificate (original).
  • Receipt for payment of state duty.

Usually, the registry office does not accept divorce papers without paying a fee. The receipt can be obtained during the visit. To save time, before contacting the registry office, you can find out the details on the website of the state agency and pay the state duty in advance.

Lawyer services in Ukraine for family matters

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents for filing an application for divorce.
  • 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 case will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in filing an application for divorce.

Take the first step towards your victory in a legal case to file a divorce petition. 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:

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