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How to Divorce in 2020
Divorce 2020
Consider what changes have occurred in 2020 in the process of divorce. Basically, the changes affected the divorce through the court.

Divorce fee increase

In 2020, due to an increase in the minimum wage in Ukraine, the court fee increased, which now amounts to 840.80 UAH.
Receipt for payment of the court fee for divorce:

Court fee receipt

Distribution of divorce fee between spouses

The next change concerned the distribution of the court fee for opening a divorce case between the participants in the case.
If earlier, the court fee had to be paid in full to the party that filed the application with the court, and later the procedure for returning the court fee was complicated and delayed the whole process of divorce. Now a step has been taken to simplify the situation.
Even if the Plaintiff, when submitting the statement of claim, indicates that he is ready to bear the costs of the case in the amount of 100% of the court fee, in the final decision the court will divide the court fee between the parties to the case equally. Now, the court decision indicates the information:
  • 1 on returning the Plaintiff 50% of the court fee paid;
  • 2 recovery of 50% of the court fee from the Respondent in favor of the Claimant.


The decision to return the court fee

The situation with the return of the court fee is as follows. According to the court decision, the collection of 50% of the court fee is in favor of the Claimant and only he, and not the court or other bodies, can carry out such a recovery. If the Claimant does not do anything to start the collection procedure, then the Defendant will not be charged 50% of the court fee and he will not pay anything. If the plaintiff nevertheless decided to recover funds from the defendant, then to recover 50% of the court fee, you must contact the executive service with a writ of execution to recover the amount of the court fee. After that, the executive service will recover.
To return 50% of the court fee, the Claimant appeals to the Treasury with a court decision and a statement on the return of the court fee. To return the court fee from the Treasury, you need an open bank account, to which the funds will be transferred.
In the rest, in the process of divorce, everything remained as before. If there are children or one of the spouses against divorce, then divorce will only have to be through a court.

Divorce through registry office

You can divorce in the registry office only if:
  • spouses had no joint children;
  • both agree to divorce;
  • both may be present upon divorce;
  • no property or other disputes.

Documents for divorce in the registry office:
  • Passports of spouses;
  • Identification codes (tax number);
  • Marriage certificate.

If at least one of the above conditions is not met, then the divorce in the registry office cannot be carried out, and you need to go to court.
Divorce through a registry office is the fastest possible way to divorce. The term for divorce through the registry office is approximately 1 month.
You can read more about the divorce procedure in the registry office in our article. "Divorce without children".

Divorce through court

Divorce in court occurs by the court deciding on the dissolution of the marriage, after considering the court case on the dissolution of the marriage. Court review is not a relatively quick process. Duration of divorce in court is from 2.5 to 6 months or more, depending on the presence of disputes, the presence of the parties, the workload of the judge, and other factors.
To appeal to the court, you need a statement of divorce made in accordance with the Civil Procedure Code of Ukraine. Pay the court fee to the bank account in accordance with the Law of Ukraine “On court fee”. As indicated above, the court fee is tied to the minimum wage and in 2020 is 840.80 UAH.
Copies of the following documents must be attached to the dissolution statement:
  • Passports of spouses;
  • Identification codes (tax number);
  • Marriage certificate (it is better to immediately submit the original);
  • Birth certificate of children;
  • Bank receipt for payment of court fee.

After filing the application, the court will open a case and a hearing is scheduled. At a meeting, the court will summon the spouses.
After consideration of the case, the court will decide on the dissolution of the marriage.
A court decision on divorce can be withdrawn only after the expiration of the court decision, which is 30 days.
You can read more about the divorce procedure in court in our article. "Divorce through the courts".

You can order part or all of a divorce case. You can entrust the conduct of the divorce case to experienced legal professionals on our website. https://www.yurdopomoga.com.ua.
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