Conditions for divorce through courtThe annulment of a marriage is a very important decision. Divorce is a way to officially end your marriage. In accordance with article 105 of the Family Code of Ukraine, a marriage is terminated upon mutual desire or will of one of the parties. This is everyone's right. At the same time, you can get a divorce through the court, or you can contact the registry office.
You need to go to court if there is no agreement between the spouses, you have minor children on the support, there is a common joint property acquired in the family. The articles of Chapter 11 of the Family Code of Ukraine clearly spell out the conditions in which case the divorce procedure is considered in court. We can say that these are all cases of divorce with children or if there is a dispute in the case.
A statement of claim for divorce in courtThe entire litigation procedure begins with a well-drafted claim. You need to clearly understand which court to submit your application to. First of all, you need to decide on the jurisdiction of the case. In the case of divorces, these cases are handled by general local courts: district, city, city district, district in cities. After you have decided on the jurisdiction of the case, you apply to the court. Now the courts have their own websites, which contain all forms of documents, order and design. You can prepare a statement of claim using our article "Sample Divorce Request". Preparing and writing a claim should not be difficult.
Be sure to indicate the name and address of the court, the names of the parties, passport, registration address and place of residence, contacts of each spouse. This information is located in the "header" of the application in the corner on the right side of the sheet. Further, after the word Statement (we indicate it in the center), we begin to describe the circumstances of the case. When and with whom the marriage was concluded, how many years were lived together, are there any joint children (we indicate the full name and date of birth of each child). After that, we proceed to describe the reasons for the divorce. In conclusion, we ask the court to consider the claim in our favor and indicate the list of attached documents (it is better to indicate the number of sheets next to each document), the date of the claim and the signature.
The list of mandatory attached documents includes:
- ✔ copies of passports of both spouses;
- ✔ copies of identification codes;
- ✔ copies of marriage certificate;
- ✔ if there are children, their birth certificates;
- ✔ certificates of residence registration;
- ✔ marriage contract (if any);
- ✔ property division agreement (if any);
- ✔ the amount of alimony and its justification.
Remember that you will need to take the originals with you to the court session. If your interests will be represented by another person, for example, a lawyer or attorney who will assist in the divorce, you need to issue a notarized power of attorney.
Divorce court feeBe sure to pay the state fee before filing an application with the court. The simplest situation is if your claim does not affect property issues, then the amount will be 840 UAH. 80 kopecks. in 2020.
Court fee for division of propertyThe issues of division of property through the court are quite expensive. The amount of the fee will vary depending on the cost. If the property does not exceed UAH 84080, you will have to pay the minimum court fee of UAH 840. 80 kopecks. From 84080 UAH up to UAH 630600 payment to the state is 1% of the amount. If the property is valued over UAH 630600, the state duty will be UAH 6306. Detailed information on the amount of state fees is indicated in the Law of Ukraine "About Court Fee".
The court fee is tied to the minimum wage and increases with it every year.
Divorce filingA statement with all attachments is prepared in triplicate: to the court, the second party and you. You can submit an application through the court office. Be sure to mark the receipt and registration of this document by the court on your copy. If you do not have time, you live in another city, you can apply by mail through Ukrposhta, by registered mail with a receipt and a list of investments. Now "Ukrposhta" provides a code on the receipt, which can be tracked via the Internet when the application is received.
Of course, it is always better to agree with your spouse before the trial, how you will communicate with the children, how you will divide the property and the alimony will be paid. This will speed up the consideration of the case, save nerves and health.
Divorce procedure by the courtAs a rule, court divorce is not classified as a complex process. Such cases are dealt with quickly enough. Nevertheless, in order not to encounter any obstacles, you need to strictly follow the procedure, properly file a divorce through the court, and this should be seriously prepared for. As they say, any performance should be clearly planned.
The first thing to do is try to negotiate peacefully with your spouse, and settle all the nuances before the trial.
Further, a statement of claim is filed and registered in court at the office or sent by registered mail with a list of attachments.
The court considers the application, accepts or sends it for revision (in this situation, it is important not to miss the timeframe that the court gives you to correct the document and constantly monitor the progress in the case) or the claim is rejected. A month after accepting the application for consideration, the court appoints a preparatory hearing, to which all parties to the dispute are invited. The preparatory hearing will set a date for the first meeting.
If the defendant does not appear at the hearing without providing justification, the case is considered without his participation. If the reason is valid, the meeting is postponed to another date. A defendant who agrees to a divorce can write an application to the court to consider the case without his participation.
At the meeting, the judge gives the parties the opportunity to make peace, and also examines the case materials.
After that, the main session begins, at which the judge listens to the opinions of all parties, gets acquainted with the evidence. The judge can investigate any reason for the divorce.
The decision is made after hearing of all participants in the process. If the court has already given a certain period of time to resolve the conflict (usually up to three months), but the parties have not come to reconciliation, the court decides on the dissolution of the marriage in favor of the plaintiff.
If there is a dispute about the place of residence of minor children, the judge makes a decision on their residence, upbringing, maintenance.
Then you have a month to appeal the decision.
After the deadline for filing an appeal, the plaintiff and the defendant receive copies of the court decision.
Registration of divorce in the electronic register of acts of civil statusWith a court decision on divorce, you need to contact the registry office to enter the divorce record into the electronic register of civil status acts. The entry of the record is confirmed by the issuance of the Vytyag (extract, certificate) from the register of acts of civil status.
It is worth noting that the court itself sends the decision to the registry office for registration of divorce, but it does not do it quickly until 6 months or more. Sometimes documents are lost for various reasons and do not come to the registry office at all.
Without registering the divorce in the electronic register of civil status acts, your divorce is not completed and in the future it may unexpectedly turn out that you are still married, therefore it is recommended to do everything yourself and get confirmation in the form of an Vytyag (extract, certificate). Read more about confirmation of divorce in the article "How to confirm a divorce in Ukraine"
Terms of registration of a divorce through courtThe court will consider the case quickly (3-4 months) under the following conditions:
- ✔ You and your spouse have clearly agreed with whom your joint children will live on a permanent basis;
- ✔ You do not need to settle the issue of maintenance payments for children or a spouse with whom a child is left who is under one and a half years old;
- ✔ Your joint property will not be divided;
- ✔ You really have a need to divorce.
Cases when one of the spouses does not agree with the divorce will be considered for a long time - from 5-6 months.
Consideration will take much longer if there are disputes in the family:
- ✔ about the place of residence and upbringing of minor children;
- ✔ how the parent will communicate with the children, with whom the children will not live;
- ✔ if your property needs to be divided;
- ✔ deprivation of parenting will be implemented.
At the very beginning, it is difficult to predict how long the divorce proceedings will last. As a rule, a case can be considered from 2 months to one and a half years. Of course, you can get divorced at the very first meeting, but this is rather the exception, not the rule. When the plaintiff and the defendant have previously agreed on everything, have come to an agreement, the court makes a decision at the first session. After 30 days, the decision comes into force. If one of the parties does not agree, the case can be considered for up to 6 months or more: the parties will be given time to reconcile and resolve other differences. When the court is considering issues related to interaction with children, their maintenance, division of common property, and the parties cannot come to a compromise, such cases can last up to one and a half years.
Always remember, no matter what decision is made by the court, you can always appeal it. The main thing is not to be afraid. Good luck to you!
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.
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