When does a divorce occur through a court?According to the law of Ukraine, the dissolution of marriage relations in a judicial procedure occurs in two cases:
- ✔ One of the couple refuses to give their consent;
- ✔ The couple have a joint child under the age of eighteen.
Sometimes for one of a married couple life in a marriage becomes unbearable. But the second half does not give its consent to divorce. In this case, the divorce proceedings can be initiated through the court. The Family Code provides for the right of every person to free access to marital relations.
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The second circumstance at which the divorce through the court is the presence of joint children who have not reached adulthood. The fact is that the state is trying to ensure normal family upbringing and care for all children, including those whose parents are divorced. Therefore, with the child, you can only terminate the marriage by court, which will require that you clearly explain who and how to take care of the baby.
If the husband and wife decide to divorce and they do not have underage children, then with such a case one should go to the Department of Registration of Civil Status Acts.
Which court I should appeal to?If one of the couple does not agree to divorce, the plaintiff must file an application with the court in the place where the defendant is registered. But there are exceptions that provide for the possibility of applying to the nearest district court. Such a right is granted if the minor is dependent on the complainant or because of his state of health he is unable to reach the court located in the defendant's registration area.
In a situation where a divorce occurs through the court with the presence of children, the couple must apply to the institution located at the place of their joint registration or registration of one of them.
What documents are needed?In order to get a divorce through the court you need to collect a certain package of documents. When the divorce is canceled without the consent of the other party, the list of securities will include:
- ✔ Statement of claim for divorce;
- ✔ Copy of marriage certificate;
- ✔ Copy of the birth certificate of children (if any);
- ✔ A copy of the passport data and the original passport;
- ✔ Paid receipt of state duty.
The package of documents is served in two copies. One remains in court, the second is sent to the defendant. If a divorce occurs through the courts in the presence of children, then there is the possibility of drawing up a joint statement on divorce. The court will also demand from the couple an agreement "On the upbringing and provision of a child after the parents' divorce." In this agreement, the duties of each parent in relation to children are recorded.
Divorce procedure through courtAfter the submission of a package of documents, the date of the court session is chosen, but not earlier than within thirty days from the date of receipt of the application. All participants in the proceedings are notified of the place and time of the trial. A hearing takes place, during which a decision is made, which can be appealed within 30 days. After the expiration of this period, the marriage shall be considered terminated. The former spouses can only go to the RAGS to get a stamp in their passport.
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