Divorce ProcedureFirst you will need to send a claim for divorce to the court. Divorce proceedings are handled by the district courts. If the spouses did not reach a compromise on the issue of children, then you can only apply to the district court, since the rights of the child are affected.
When the application is submitted, it must be checked by the court employee for compliance with the requirements for the application form. At the same time, compliance with the application procedure will be verified.
In the event that the application is accepted, it begins directly consideration of it. He may be appointed only 30 days after the filing of the application itself. Spouses will have to come to the agenda at the hearing.
In one case, there may be several hearings. At first, the reasons for the divorce are being heard and the question of the possible preservation of the family is raised. If the family cannot be saved, and the citizens have no other disagreements, then this hearing will be the only one - they will be divorced after 30 days. If one of the spouses is against a divorce, the court shall appoint a term for reconciliation of the parties - about 3 months (from 1 to 6). If the couple still decided to dissolve the marriage, they will be divorced.
Terms of the divorceOfficially dissolve the marriage will only come out on the initiative:
- ✔ one spouse (plaintiff);
- ✔ representative (if the claimant has such a representative).
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During pregnancy, the spouse or in the first 12 months after childbirth (even if the child dies), the couple is not able to get a divorce, even with the consent in this matter. Such an exception is valid to preserve the physical and mental health of women.
However, (very rarely) it is still possible to dissolve such a marriage - if a (proven) crime of a violent nature was committed against the husband, the court may divorce such spouses.
Features of a divorce through the courtsContact the court for a divorce is necessary if:
- ✔ one spouse does not want to dissolve the marriage;
- ✔ there are common children (who are under 18);
- ✔ one of the spouses does not prevent the divorce, but against his termination through the registry office.
When contacting the registrar registration of a divorce is much faster and easier for the spouses. At that time, as a divorce through the court will take from 1 month and can last until the parties come to a compromise. In a divorce in court, it is necessary to immediately take into account not only the amount of time spent, but also the seriousness of the issue. During a court hearing, witnesses may be called and the necessary documents provided.
You can also transfer the case of divorce to our law firm or separately prepare an application for divorce. https://www.yurdopomoga.com.uaWe guarantee you minimal participation in the process.