How to file for divorce

The relationship of a man and a woman is not always long and may be accompanied by disagreements, disputes. Ukrainian law provides the right spouse to end the relationship. Family law determines how family relationships end and how to file for divorce.

Options for divorce

Registry office

Persons who have no children during their life together or whos childrens at the time of the decision to divorce have reached the age of majority, dissolve the marriage through Registry office.
Registration of divorce takes place through the Registry office also when one of the spouses is recognized as missing or dead.

Joint statement

In the presence of mutual consent and the absence of disputes between the husband and the wife about the further residence and upbringing of the minor son (daughter), they have the right to prepare a joint application for filing with the court (Article 109 of the Investigative Committee of Ukraine).

Statement of claim

In the event of a dispute or having a child, one of the spouses files a lawsuit to a judicial authority.
To the grounds to terminate family relations in accordance with Art. 112 of the IC of Ukraine refers to the inability to continue to live together, the relationship of parents contradict and negatively affect the child’s development.

Sample Claim

In order to file for divorce, you will need a claim for divorce.
The lawsuit is made in compliance with the requirements of Articles 151, 175, 177 of the Code of Civil Procedure of Ukraine and contains the following information:

• 1 Name of the state authority.
• 2 Personal information of the parties, date of birth, place of registration and actual residence, contact phone numbers.
• 3 Description of the situation. It indicates when the marriage was entered into, the presence of minor children from family relations, information about their birth and place of residence. The following are the reasons that gave rise to the court. If the second spouse does not participate sufficiently in the upbringing, the child should be indicated.
• 4 Message about the decision of the issue of further residence with one of the parents and the existence of a dispute about the jointly acquired property.
• 5 References to the legislative norms.
• 6 Claims filed.
• 7 List of attached documents.
• 8 Filing date and signature of the plaintiff.

If the lawsuit is filed by the spouse in accordance with the norms of the Family Code of Ukraine, she is entitled to leave the last name or change it.

The list of documents for the court. Jurisdiction

To file for divorce, you need to determine the place of filing (jurisdiction), pay the court fee, collect copies of documents.
The plaintiff prepares the following documents in copies for filing with the court:

• ✔ spouses passports;
• ✔ marriage certificate;
• ✔ the identification number of the husband and wife;
• ✔ birth certificate of the child.

Also attached is the original receipt of payment of the court fee. In accordance with the norms of the Law of Ukraine “On Court Fees”, the size is 768, 40 hryvnias. The person will be able to find out the details for payment by directly applying to the court or on the official website. It is possible to file a claim without all the listed documents, if they are missing, if such information is available in the plaintiff’s passport:

• ✔ the name of the state body that registered the marriage;
• ✔ personal data of the second spouse;
• ✔ the number of the act record.

The Civil Procedure Code of Ukraine determines the court to file a claim at the place of registration or temporary stay of the defendant.
Attention! In disputes of divorce, the jurisdiction of the choice of the plaintiff acts. Art. 28 GIC of Ukraine states that the plaintiff, for good reason (for example, living with a child or not being able to leave a minor for a long time) gives him the right to file a claim in court at the place of his registration or stay.
Also, the place of filing a claim can be determined by agreement of the parties.

Divorce Procedure

It is possible to file for divorce in court after taking actions in the following algorithm:

• 1 The choice of the judicial authority at the place of registration of one of the spouses.
• 2 Preparation of the necessary documents.
• 3 Drawing up a claim with requirements.
• 4 Payment of court fee.
• 5 Submission of the claim.
• 6 Consideration of the claim.
• 7 The decision of the judge.

The Family Code provides for a deadline for final consideration of the stated requirements. The maximum period for reconciliation, which the court is entitled to establish, is 6 months.
You can order the management of a divorce case in our law firm or separately prepare an application for divorce on our website. https://www.yurdopomoga.com.ua We guarantee you minimal participation in the process.