Divorce lawyer services
Legal advice on divorce,
conducting pre-trial negotiations, preparing a statement of claim,
representation of interests in courts of all instances
Divorce lawyer services
If you went to this page, it means that most likely you are either already in the process of divorce, or are thinking about how to dissolve the marriage.
There are two ways to dissolve a marriage in Ukraine: dissolution of a marriage in the Civil Registry Office, or a divorce procedure through a court. The divorce procedure in the Civil Registry Office is much easier, however, it is not possible to divorce in this way in all cases.
Divorce lawyer consultation
The divorce process is fairly straightforward. However, in most cases, simultaneously with the divorce, the spouses want to solve some accompanying problems: determine the amount of alimony payments, establish who the child will stay with, divide the jointly acquired property and a number of other issues. A consultation with a divorce lawyer will help you choose the best path for yourself. .
How to file for divorce
If the spouses have a desire to file for divorce, the easiest way to do this is by using the services of the Civil Registry Office. If both spouses agree to file a divorce, do not have joint minor children and do not have property or any other claims to each other, then the process will not be difficult. To do this, they just need to contact the district department of the Civil Registry Office, where they entered into a marriage and apply for a divorce & nbsp; – about divorce.
You must have with you:
- divorce statement;
- passports of both spouses;
- original marriage certificates (in case of loss, you must issue a duplicate);
Exactly one month later, the spouses, also together, need to visit the Civil Registry Office again and confirm their intention to dissolve the marriage, after which they will issue certificates of divorce and the data will be entered into the register.
However, this ideal situation does not always happen. Often, spouses do not want or cannot find mutual understanding on key issues of divorce, or property issues – then it is necessary to go to court. Also, exclusively in court, you can dissolve the marriage if the spouses have joint children.
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Divorce through the court
Divorce through the courts is a more complicated procedure than through the civil registry office. In order to file a divorce through the court, one of the parties that initiates the divorce process (the plaintiff) must apply to the district court at the location of the defendant. Submit the following documents:
- Statement of claim
- Copy of (plaintiff’s) passport
- Original marriage certificate
- Birth certificate of a child / children (if there are children)
- Receipt of court fee payment
- A package of documents to be handed over to the defendant
Difficulties can arise at this stage. The updated Code of Civil Procedure of Ukraine imposes stricter requirements for the preparation of a statement of claim than it was before.
Also, the plaintiff must decide on the place of residence of the defendant, in order not to violate the rule of territoriality. The rules for determining jurisdiction for the category of civil cases, to which the claim for divorce belongs, are determined by the Civil Code of Ukraine. So, as a general rule, jurisdiction in divorce cases is determined at the place of residence of the defendant. This place of residence is considered to be the address at which the defendant is registered. In the absence of registration, the place of residence can be determined by the location of the real estate (owned); housing rented by the defendant, or at the last known place of residence.
It should be noted that there are exceptions to this rule. :
- the existence of an agreement between the spouses on the place of consideration of the dispute;
- the state of health of the plaintiff, which does not allow him to come to court at the place of residence of the defendant ;
An important point is also the payment of the court fee. Problems often arise due to incorrect or outdated details, as a result of which the claim will be left without progress. Obviously, it is advisable to enlist the support of a family lawyer, or at least get the advice of a lawyer on the issue of divorce.
Clients of our lawyers often have concerns about what decision the court will make if the other spouse avoids participating in court hearings or, even worse, actively opposes divorce. You must clearly understand that the institution of marriage in Ukraine is built on the principle of voluntariness and no one against your will can force you to be married. If all the documents are drawn up and filed correctly, the court will definitely, sooner or later, make an appropriate decision on divorce.
Divorce during pregnancy
Divorce is not possible during the wife’s pregnancy and within a year from the birth of the child. However, in this case, there are also exceptions.:
- if paternity is recognized by another man;
- in case of unlawful treatment of the second spouse;
- information about the father is excluded from the birth record;
File for divorce or not
Often, spouses have an uncertain situation in which they do not fully understand whether to file for divorce or not. In this case, they can apply to the court with a joint application for the establishment of a separation regime. This can also be done by one of the spouses, if there is no consent of the other. However, in this case, he will be required to substantiate his decision.
When establishing a separation regime, spouses receive certain advantages that allow them not to file for divorce.
As you know, all property acquired in marriage is jointly acquired, even if it is registered in the name of one of the spouses. So, property acquired by one of the spouses under a certain mode of separation will not be considered “jointly acquired”;
A child who was born in marriage is automatically recognized as descended from the husband, even if both parties agree that this is not the case. Under the established regime of separation, a child born after ten months after the establishment of such a regime will not automatically be considered as descended from the husband.
The legislation provides for two options for exiting the separation regime. In the event that the spouses decide to resume their cohabitation, they can either:
actually & nbsp; restore family relations or get a court order to end the separation regime. Naturally, obtaining a court decision is more preferable, since it determines a specific date for the termination of the separation regime. This will minimize the risks in the future.
DIVORCE WITH A FOREIGNER
If twenty years ago, marriage with a foreigner was a surprise, but now it is a common occurrence. Moreover, the number of such marriages is growing every year. Some couples, after marriage registration, remain to live in Ukraine, some leave. Correspondingly to the increase in the total number of marriages, the number of families that are falling apart also grows. A reasonable question arises: how to dissolve a marriage with a foreigner? This is a rather lengthy question. We decided to prepare a special article where you can get acquainted in detail with all the nuances of divorce with a foreigner.
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