What is a divorce?By divorce is meant the termination of marriage in the eyes of the Law.
In accordance with the law of Ukraine, marriage is considered only registered in the state registration authority. Only from citizens who have been registered in the RACS, the Law requires the fulfillment of all obligations arising from the status of a person in marriage. The main duties that appear in a person in a legal marriage are the regime of joint property, parental duties towards children.
The official date of divorce is the date of the registration record of the divorce in the RACS or the date the court decision on the dissolution of the marriage comes into force.
Termination of rights and obligations of spousesAlong with the marriage, legal marital duties also end, but this only applies to the period after the dissolution of the marriage.
For property acquired during marriage, the joint property regime continues to operate after a divorce, until the division of this property. And all parental responsibilities towards children born in marriage do not stop and continue to operate after a divorce.
All children born during marriage will automatically be recognized as children from the marriage, and spouses will be their parents.
Ways of divorce (divorce)Marriage can be dissolved in the bodies of the RACS or in court.
Divorce through the RACSDivorce in the bodies of the RACS is possible only if there were no children in the marriage and if both spouses agree to divorce.
Divorce in the RACS is quite simple. For a divorce in the RACS, it is necessary that both spouses come to submit an application, and then to the termination itself.
The term for divorce through the bodies of the RACS is an average of 1 month.
Divorce through courtDivorce in court is more complex and lengthy.
In court, a divorce occurs if:
- ✔ there are children from marriage;
- ✔ there is no consent to the divorce of one of the spouses.
Having considered the application (if everything is drawn up correctly and there is no reason for otherwise), the judge opens the case and sets the date for the first court hearing. There may be several meetings if one of the parties fails to appear, or if there are disputes in the case.
After the decision on divorce is made at the meeting, the (mandatory) time limit for filing an appeal (the time for entry into force) is 30 days (sometimes it can be longer). Only at the end of this period will the couple be divorced.
The length of divorce in court depends on many circumstances and ranges from an average of 2 to 7 months.
Divorce MattersMany issues are related to divorce, such as:
- ✔ Determination of the place of residence of the child;
- ✔ Property division;
- ✔ Alimony;
- ✔ Departure of the child abroad;
- ✔ The procedure for visiting children by one of the parents who lives separately and by his relatives.
You can order a statement of claim for a divorce or completely conduct a case about a divorce on our website yurdopomoga.com.ua
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