How to file a divorce through courtThrough the court, divorce is formalized if the partners have minor children, they cannot separate the property on their own, or one of them does not want to divorce.
The Ukrainian laws of 2020 were amended and if you file for divorce through the courts, but at the same time one of the parties is against it, the proceedings will not stop, but at the same time they will last too long. Therefore, it will be in the interests of men and women to come to a peaceful agreement and not contradict each other in court. The good news is that the court no longer has the right to refuse a divorce, although in many European countries this practice takes place.
But, there is an exception. The court will not accept the application for divorce if the woman is pregnant or within a year after she gave birth. In such cases, you must file for divorce again, after 12 months after giving birth.
Conditions for divorce through courtLitigation is often frightening because of the bureaucracy. It is necessary to file a claim, describe it in detail, then subpoenas are sent, court proceedings are held, a state fee is paid. In fact, everything is not as scary as it is written or talked about. There is no need to be afraid to file a divorce through the courts, because for this purpose, judicial officials occupy their positions in order to help people, and not complicate their life. Therefore, if you initially approach the solution of the issue correctly, everything can be settled with minimal expenses and invested in the shortest possible time.
If both the spouse and the spouse want a divorce, it will be enough to write an application and appear at the meeting within the specified time. In cases where all issues regarding children and property are resolved peacefully, one meeting will be sufficient.
If the divorce is not by mutual consent, you need to understand how long it will take. When issues are not resolved regarding minor children, the court may give a period of up to 6 months for reconciliation, after which it will consider the case again and try to find a solution that suits both partners. Based on legal practice, it is known that such divorces can delay for up to half a year.
Spouses who cannot divide property on their own should also not expect a quick divorce. Cases about the acquired joint property, or rather its division, often last for years, but the terms for reconciliation are not given, which nevertheless speeds up the process to some extent.
The defendant who does not agree with the plaintiff must be extremely careful, because if you do not initially carefully review the application, you can lose and not receive your share of the property.
The statement of claim to the court for divorceBefore you write your application for divorce, you need to know in which court you can file a claim. And so, according to Articles 27-28 of the Civil Procedure Code of Ukraine of 2020, you can file for divorce only in court at the place of registration of the defendant. But in the modern world this is not so scary, because the primary statement of claim can be submitted through Ukrposhta.
At the same time, there is an exception to the rule, if a child under 3 years old lives with the plaintiff, you can file a lawsuit at the place of residence, asking that the defendant receive an additional notification. Also, if both spouses are for divorce, you can sue at your place of residence.
Now about the claim itself, because its drafting depends on many factors. And so, if both partners came to the decision to say goodbye on this life path, then nothing special should be written in the application. It will be enough to point out that there is no desire to continue to exist as a family, or, the most common formulation "did not get along". If there are children at the end, you need to write with whom they will live and highlight the item for alimony. If there is a jointly acquired property and its division must take place legally, this must also be indicated.
But, if there are disagreements, it is necessary to describe in detail the reason for the divorce in court. It is necessary to tell in detail why the further existence of the family is not possible, if the spouses do not live together, the judge should also know about this. The court must necessarily know if there were any violations in the family. In cases of beatings or alcohol / drug addiction of one of the spouses, it is important to find witnesses who can confirm everything.
More information about drawing up a statement of claim can be found in the article "Sample Divorce Request"
Terms of registration of a divorce through courtExperienced lawyers say that, on average, a divorce lasts up to 4 sessions, if the meeting is transferred within the time frame, then on average up to 4 months. Previously, it was possible to stamp a divorce in a passport, but now a divorce stamp cannot be stamped. To reduce the time for a divorce, you need to contact a specialist who, knowing the laws, can settle matters as quickly as possible.
It is also necessary to understand that if the evidence of divorce does not impress the judge, or the couple has minor children, the court will definitely give a period for reconciliation, which can range from 1 to 6 months. This period is given only once, after which the court session will be continued. If the plaintiff changes his mind about divorce, he may simply not come to court after the expiration of the period of reconciliation and the marriage will continue to exist.
Divorce procedure through the court: the main stagesAs it has already become clear, a divorce occurs through the court only if there are common children under 18 years of age, or the spouses do not come to an amicable agreement. Where do you start?
- 1 Understand which court you need to apply to in order to write a claim. You can find out information today through the state website of the judiciary online.
- 2 If there are many unresolved issues, find a lawyer or family lawyer who can provide divorce assistance.
- 3 Draw up the claim itself. This is the most important stage, because the term of the divorce and its outcome will depend on a correctly written claim. If the divorce is due to unpleasant life circumstances, it is worth collecting evidence. You still cannot do without them, therefore it is better to be armed in advance. You should try to discuss with your spouse as much as possible questions regarding children or property. If the property was acquired in marriage, it is necessary to find documents confirming the purchase on it. If alimony is required in an amount greater than the state provides, it is also necessary to provide evidence. Additional money may be needed for the education of the child and then confirmation of this very education is needed or, for treatment, and then it is necessary to provide a doctor's statement.
- 4 Now you need to submit an application to the court, attaching photocopies of passports (preferably all pages), the original or a photocopy of the marriage certificate, a photocopy of the child's birth certificate. Copies of identification codes will also be required. If there are other documents that the court will need to consider the case, they also need to be attached to the claim.
- 5 When filing a claim, you need to write that the court is obliged to independently inform the defendant about the hearing. To do this, the plaintiff must indicate the address of registration, residence, place of work and other data on which court officials can contact the defendant.
- 6 Now you need to wait for the meeting, its date will become known no later than 7 days before the process itself.
- 7 Do not think that the process is happening as it is shown on TV. It must be remembered that judges are, first of all, ordinary people with great powers, who have seen a lot in their lifetime. Therefore, initially you need to be as honest as possible with the judge in order to settle issues as quickly as possible. The period for reconciliation is given in most cases if there are small children, but there are exceptions. For example, if the plaintiff is in danger while living with the defendant, the divorce will take place after the first hearing.
- 8 At the last meeting, the court will make its decision, which in any case will be positive for the plaintiff, even if it takes effort. After the decision is made, you can get an official divorce in 30 days. To do this, you will have to return to the courthouse again and get the document. Since 2010, a divorce certificate is issued only upon divorce at the registry office, but if you divorced in court, the main documents confirming the divorce for you will be a court decision on divorce and Extraction reference, inquiry) from the civil status register.
You can get help in divorce from our lawyers. You can order a complete 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.
- ✔ receipt of receipt of receipt of notice;
- ✔ marks of refusal to receive judicial notice;
- ✔ marks on the absence of the defendant at the address of registration of location, place of residence, place of stay.
Making absentee divorce in some cases may be the only way to divorce. Our lawyers, based on their experience, will help you file an absentee divorce as soon as possible in compliance with the law.
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 websitehttps://www.yurdopomoga.com.ua.
We will be happy to help.
Quick order of divorce