Divorce in another city without registration
Is divorce possible in another city in Ukraine?
The issue of registering a divorce in another city is very relevant today. After all, it is good when both spouses live at their place of registration, but how to file documents for divorce if the actual place of residence is in another city?
In this case, you need to decide where to file documents for divorce in accordance with current legislation.
In accordance with the Rules of State Registration of Civil Status Acts, approved by the Order of the Ministry of Justice dated October 18, 2000 No. 52/5, an application to the Civil Registry Office / Civil Registry Office is submitted strictly according to the registration of one of the spouses (at choice).
However, citizens are confused and often turn to the place of marriage. In this matter, the place of registration of the marriage does not play a role. The procedure for filing a statement of claim in court is strictly regulated by the Civil Procedure Code. The claim is filed at the place of residence of the defendant. In case of mutual consent, but the presence of children, a joint application for divorce is submitted to the court at the place of registration of one of the spouses, based on the agreement.
Can I file for divorce at the registry office in another city if there are no children in Ukraine?
In the event that a married couple decided to dissolve the marriage, but one of the spouses, for personal reasons, cannot appear at the registry office / civil registry office to submit an application, divorce is still possible.
The main condition is the absence of common minor children. If you are in another city of Ukraine, the Rules of State Registration of Civil Status Acts, approved by Order of the Ministry of Justice dated October 18, 2000 No. 52/5, provide for the filing of an application for divorce by one of the spouses, if there is a power of attorney and a notarized application for divorce of the established form, filled out by another spouse.
Submission of such an application is traditionally carried out at the place of residence of one of the spouses at the registry office. The power of attorney clearly spelled out consent to register a divorce without being present and must indicate the registry office / civil registry office in another city, where you need to send the divorce certificate after the divorce procedure.
Statement of claim to a court in another city in Ukraine
According to Article 27 of the Civil Procedure Code, the procedure for filing a statement of claim at the place of residence of the defendant is established. If the place of registration of your spouse is registered in another city, then the claim and consideration of the case takes place territorially in the appropriate court. However, there are circumstances in which the plaintiff has the opportunity to file a claim at the place of his registration:
- common minor children live with the plaintiff;
- the plaintiff cannot arrive at the place of residence of the defendant for health reasons or other reasons (documentary evidence);
If the place of registration and actual place of residence of the defendant is unknown.
This situation is regulated by Article 28 of the Code of Civil Procedure, which involves sending a claim:
- at the last place of residence or registration known to the plaintiff;
- at the address where the defendant’s property is located;
- at the place of work of the defendant.
The defendant is a foreign citizen and does not have a residence permit in Ukraine. In this case, the claim is filed at the last known place of residence or registration.
How to file for divorce if a husband or wife is not registered in Ukraine?
When spouses are outside the country, but remain citizens of Ukraine, they have the opportunity to dissolve the marriage in two ways: independently submit documents in Ukraine, or use the remote services of a divorce lawyer. The second option is more acceptable as it saves time, money, energy and does not require presence.
While abroad, you do not need to contact the consulate, embassy, in order to issue a power of attorney for a lawyer. A divorce lawyer acts in accordance with a lawyer agreement, which is concluded in writing.
The procedure is quite simple and straightforward: the client signs a lawyer agreement and sends a scanned copy by e-mail, while the original is sent by regular mail. Performing such simple actions enables the family lawyer to proceed with the divorce process without the presence of the client.
In accordance with the legal aid agreement, the family lawyer can represent the interests of the client in court and in all necessary instances. Upon completion of the divorce proceedings, the client receives by mail a court decision on divorce with an apostille (if necessary), which makes the document valid in the territory of another state.
The long-term practice of conducting divorce cases, as well as constant monitoring of legislation, makes it possible for a family divorce lawyer to dissolve a marriage in another city of Ukraine in a short time.
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