Is it possible to divorce without the consent of the second spouse?In accordance with the legislation of Ukraine, namely, article 24 of the Family Code, Voluntary marriage - marriage can only be voluntary and coercion to enter into marriage and being married is not allowed.
No doubt a divorce without the consent or participation of one of the parties is possible. The main difficulty is to legalize your desire. It will take time and effort, but in the end, the result can be achieved.
Where to get a divorce without the consent of one of the spousesA divorce without the consent of one of the spouses must be filed with the Court, with the exception of a few rare cases. It is necessary to apply to the court at the place of registration (registration of residence) of the second spouse, or in some cases at your place of registration (registration of residence).
Divorce in a registry office without the consent and participation of one of the parties is impossible.
How to file a divorce in the Court?Divorce in the Court is made out in the form of the decision of the Court on divorce. The court shall decide on the outcome of the dissolution of the marriage. To get a decision, you need to achieve a decision during the trial of the divorce.
How to start a divorce in the Court?To start a divorce lawsuit, you need to pay a court fee, prepare a divorce petition and submit it to the Court.
In case of divorce from a spouse who does not agree to a divorce, special attention should be paid to the preparation of the statement of claim and judicial strategy. In order to avoid unpleasant surprises, all options for the development of events should be foreseen in advance and their behavior in court should be considered.
Divorce lawsuitAfter filing a statement of claim, it is considered by the Court and, if properly executed in compliance with the laws of Ukraine, opens a court case, and after a while sets the date for the first court hearing.
In the case when the other party is against divorce, there will be several meetings because the Respondent will behave in one of two ways:
- 1 Do not come to court;
- 2 upon the call of the Court, he will come to the meeting, but he spoke out against the divorce.
If the Respondent does not attend the meetings, the Court will postpone the meeting several times, after which it will make an absentee decision. Usually four meetings are enough.
If the Respondent participates in the proceedings and speaks out against a divorce, this will be tantamount to asking for a deadline for reconciliation. There is no reason not to set a deadline for reconciliation; therefore, it is always appointed in such cases at the request of one of the parties. The period for reconciliation is from 1 to 6 months. After the end of the period for reconciliation, if the Claimant insists on the dissolution of the marriage, the Court will decide on the dissolution of the marriage.
Getting a divorce judgmentAfter the judge has made the decision on divorce, the term for the entry into force of the decision will be required. This is the deadline for appeal. Without this deadline, the decision is null and void. The official date of divorce is the expiration date for the entry into force, which will be written in the decision.
After the decision has entered into legal force, it can be obtained in the Office of the Court.
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