How to file for divorce

Depending on the accompanying circumstances, you can file for a divorce at the registry office or the Court. Divorce through the registry office is faster, but in some cases cannot be carried out or is very inconvenient for one of the parties. Divorce in court is longer in time but has a number of advantages, for example, the possibility of divorce without the consent of a second party or remote registration through a representative office. To answer the question which method is suitable, you need to familiarize yourself with the most common situations.

Conditions for filing for divorce in a registry office or court

In what cases should be submitted to the registry office:

• ✔ there are no married children in marriage;
• ✔ both parties agree to give their consent to the divorce;
• ✔ both parties can be present in person at the divorce in the registry office;
• ✔ there are no disputes over property or other disputes in a marriage.

In what cases should you file for divorce in court:

• ✔ if during the existence of the marriage children were born in it;
• ✔ if one of the parties does not agree to a divorce;
• ✔ if one of the parties cannot be present in person at the divorce - refuses, there is no communication, cannot come;
• ✔ if there is a dispute regarding property or another type of dispute.

Legal status of marriage and spouses

Special attention must be paid to the legal status of marriage and its parties.
In Ukraine, marriages concluded abroad and in Ukraine are dissolved. In order to dissolve a marriage made abroad, you must provide the original marriage certificate of the authority of a foreign state that issued this certificate, which passed the recognition procedure in Ukraine by legalization / apostilization in the established manner. Also, a marriage certificate of a foreign state must be translated into Ukrainian with notarization of the translation.
As for the legal status of the parties to the marriage, during the dissolution of the marriage they may be citizens of Ukraine, foreign citizens and stateless persons. Passports of foreign citizens must be translated into Ukrainian with notarized translation.

Place of Divorce

The divorce is registered at the place of registration of one of the spouses.
In case of divorce by the court, the court shall take the case for consideration after establishing the jurisdiction of the case (territorial jurisdiction). Jurisdiction determines the authority of a particular trial court to decide your divorce dispute.
Jurisdiction is determined according to the CPCU Articles 27, 28, 29.
If the jurisdiction of the case is incorrectly established, the court shall return the statement of claim to the plaintiff in accordance with the CPCU Art. 185 together with the decision to return the plaintiff.

Statement

The application for divorce in the registry office is submitted by both spouses with a personal presence.
The court filed a lawsuit to divorce one of the spouses. The statement of claim is executed in accordance with Article 175, Article 177 of the CPCU. Read more about writing a claim in our article. "Sample Divorce Request"
It is also possible to file a joint application for divorce with the court, but its use has several disadvantages, does not give any advantages, and is rarely used in practice.

Divorce fee

The cost of divorce in the registry office in accordance with the Decree of the Cabinet of Ministers of Ukraine is 0.5 tax-free minimum income of citizens (8.50 UAH.).
The cost of filing a lawsuit on the dissolution of marriage in court in 2020 according to the Law of Ukraine “About the court fee” is 840.80 UAH.

You can get help with a divorce from our lawyers. You can order a full divorce case or a separate statement of claim through our website - by phone or through the service order form on our website https://www.yurdopomoga.com.ua.
We will be happy to help.

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