Divorce without consent
- How to get a divorce without the consent of one of the spouses in Ukraine?
- Application and documents for divorce without mutual consent in Ukraine
- How to file for divorce at the registry office without the consent and presence of your wife, spouse in Ukraine?
- Is it possible to divorce without the consent of the husband without children in Ukraine?
How to get a divorce without the consent of one of the spouses in Ukraine?
Divorce without the mutual consent of one of the spouses is possible only through the courts. Art. 110 of the Family Code provides for the right of one of the spouses to file a claim with the court for divorce.
In order to dissolve the marriage unilaterally without the mutual consent of the husband and wife, it is necessary to correctly draw up a statement of claim, setting out all the requirements and circumstances of the case and submit it to the court of first instance at the place of registration of residence or at the last known place of residence of the husband in accordance with the Civil Procedure Code of Ukraine.
In certain cases, the law gives the plaintiff husband the right to choose which court to go to.
The husband-plaintiff has the right, together with the statement of claim, to submit a petition for the consideration of the divorce case under the rules of simplified proceedings without children.
The court finds out the actual relationship of the spouses, the real reasons for the claim for divorce, takes into account the presence of children, children with disabilities and other life circumstances of the married couple and makes a court decision on divorce.
Application and documents for divorce without mutual consent in Ukraine
The documents that must be submitted to the court for divorce without mutual consent are as follows:
- a photocopy of the plaintiff’s passport;
- a photocopy of the defendant’s passport (if any);
- a photocopy of the TIN (tax identification number) of the plaintiff;
- a photocopy of the TIN (tax identification number) (the defendant, if any);
- photocopy of marriage certificate;
- a photocopy of the birth certificate of children (if any);
- statement of claim;
- a receipt for payment of the court fee.
According to the norms of the Civil Procedure Code of Ukraine, the statement of claim must contain:
- the name of the court to which the application is submitted;
- the name of the plaintiff and the defendant, as well as the name of the representative of the plaintiff;
- content of claims;
- a statement of the circumstances with which the plaintiff substantiates his claims;
- indication of evidence that confirms each circumstance;
- a list of documents that are attached to the application.
If the divorce claim does not meet the requirements, then according to Art. 185 of the Civil Procedure Code of Ukraine, it can be left without consideration.
The procedure and procedure for divorce without the mutual consent of spouses and without children is scrupulous and requires qualified legal assistance from a family lawyer who will not make mistakes.
How to file for divorce at the registry office without the consent and presence of your wife, spouse in Ukraine?
The procedure for a divorce without the mutual consent of the husband and wife does not differ from a divorce without the consent of the spouse, with the exception of the circumstances provided for in par. 1 h. 2 tbsp. 110 of the Family Code of Ukraine.
The norms of family law stipulate that a spouse cannot file a claim for divorce in court during the spouse’s pregnancy, as well as within a year from the moment the child is born.
Abs. 2 h. 2, 3, 4 of the Family Code of Ukraine provides for the procedure for divorce in court if:
- one of the spouses was registered as a wrongful act in relation to the other spouse or their child, leading to criminal prosecution;
- the paternity of the newborn is recognized by another man, but not by the husband;
- information about the husband as a father was excluded from the birth certificate by a court decision
Is it possible to divorce without the consent of the husband without children in Ukraine?
Divorce without the mutual consent of the husband and wife is regulated by Part 1 of Article 110 of the Family Code. This article provides for the possibility of termination of marriage on the initiative of one of the spouses in the presence of common minor children.
If it was not possible to reach a mutual agreement of the spouses and draw up a written notarized agreement on the amount of alimony and an agreement on who of the spouses the children will live with, on the provision and upbringing of children, these issues are resolved in court.
The plaintiff can state the claim for alimony in a statement of claim for divorce or separately file a statement of claim for the recovery of alimony.
It is worth paying attention to the fact that even being in a registered marriage, the husband and wife have the right to go to court with a claim for the recovery of alimony.
Such cases are associated with a number of difficulties, but it is important to understand that a spouse cannot prevent a divorce in court – only delay the decision.
Divorce proceedings without the mutual consent of the husband and wife and in the presence of joint minor children has its own characteristics. However, in general, with the correct execution of the package of documents and competent representation of the family lawyer for divorce in court, it is not difficult to get a positive result.
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