Divorce through the bodies of state registration of acts of civil statusIn articles 106-107 of the Family Code of Ukraine, there are grounds for a divorce in the pretrial order. Divorce in pre-trial order, you can in the following cases:
- 1 The couple does not have small children;
- 2 The spouse is legally incapable;
- 3 One of the spouses is legally incapable by a court decision;
In the presence of these grounds, a divorce in the pretrial order is possible, in other cases, it is necessary to divorce in court.
Divorce proceedings in the organs of justiceDivorce in court, in accordance with the Family Code of Ukraine, is possible under the following circumstances:
- ✔ The presence of children who have not yet reached the age of majority;
- ✔ In the presence of disputes about jointly acquired property;
- ✔ According to the statement of claim of the party applying for divorce.
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Divorce procedureThe divorce procedure itself takes place in two stages: the collection and submission of documents to the court and the judicial process. In order for a judicial body to take over a civil case, it is necessary to properly file a lawsuit.
The claim must be sent to the district court, at the place of registration, or the actual residence of the second party.
The statement of claim must contain:
- 1 Full name of the judicial authority where it will consider the case;
- 2 The full data of the claimant, the respondent, and also if necessary the data of representatives of the parties;
- 3 The plot, that is, the brief content of the case, when the marriage was entered into, whether there are minor children, the reason for the divorce, proof of their foundation that the marriage should be terminated, and if there are - property disputes.
- 1 A copy of the statement of claim for the defendant;
- 2 A document confirming the payment of state duty;
- 3 A copy of the passport and identification code of the claimant for the court (also, if available, the code and passport of the defendant);
- 4 Original (or copy) marriage certificate;
- 5 Copies of birth certificates of children (if available).
When filing a lawsuit, it is recommended to make a copy of it to yourself, so that during its transfer to a judicial authority, the secretary will mark that he has accepted the application.
After the submission of the claim, the claimant and the respondent are given a term for reconciliation - from one to six months. At the end of the term for reconciliation, the parties are summoned to the court to resolve the case on the merits.
If there are grounds, the judge decides on the divorce, can determine the procedure for communicating with the child and resolve the property dispute of the spouses in accordance with applicable law.
In general, the divorce procedure is over. It remains only to wait 30 days for the entry into force of the court decision and pick it up.
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.