Divorce in court without the presence of a spouse

Courtless divorce in Ukraine

Courtless divorce in Ukraine

Divorce in court without attendance in Ukraine

Divorce through court without the presence of spouses in Ukraine

When deciding on divorce, disputes often arise over divorce in court without the presence of the spouses, or one of them. This is due to the fact that sometimes the spouses are simply physically unable to be present at the hearing.

Depending on the circumstances of the case, there are two options for conducting divorce without the presence of the spouses.

  • The first option is when both spouses agree to a divorce and have no complaints.

In this case, one of the spouses submits a statement of claim to the court for the purpose of divorce and encloses a petition to him to consider the case without his presence. The second of the spouses sends to the court his consent to the recognition of this claim and also encloses a petition to consider the case without his presence. A divorce case is considered in a simplified procedure without the presence of the parties.

  • The second scenario occurs when there is no mutual agreement between the spouses regarding the procedure and conditions for divorce.

In the presence of such a difficult situation, it is necessary to prepare and send a statement of claim to the court, submit a petition to consider the case without your presence, submit a petition not to apply the time limit for reconciliation of spouses, control the stage of consideration of the case in court, etc.

Is divorce possible in court without attendance in Ukraine?

According to the Civil Procedure Code of Ukraine, the consideration of the case in court must take place in the presence of both parties, namely the plaintiff and the defendant.

There are times in life when, for whatever reason, the spouse is not able to attend the divorce hearing, but at the same time they are very interested in resolving the issue of divorce as quickly as possible. For such a case, the law provides for the conditions under which the absence of the plaintiff or the defendant for divorce in court is allowed.

In the absence of a spouse, it is necessary to prepare an application for the consideration of the case without the presence of one of the parties and submit an application to the court.

However, all these actions require special knowledge and proper qualifications, so it will be quite difficult for an ordinary person to properly organize the whole process in order to protect himself and his interests in the event of a divorce. A more convenient way to resolve the issue of divorce would be to contact an experienced family lawyer, who, in agreement with you, will be able to represent your interests in court. To do this, it is enough to draw up and sign an agreement on legal assistance, and the entire burden of responsibility for the outcome of the divorce proceedings will fall on the shoulders of a lawyer.

Nowadays, this is a fairly common option, since only with the use of many years of experience can a positive result be obtained in the shortest possible time.

How to apply for a hearing without the participation of the parties in Ukraine?

During a divorce through a court without the presence of the spouses, it is necessary to submit in one copy a petition for the consideration of the case without the participation of the party. This statement can be submitted simultaneously with the statement of claim to the court registry.

Taking into account the provisions of the Civil Procedure Code of Ukraine, this document can be sent to the plaintiff or the defendant by mail.

It is important to pay attention to the possibility of tracking the location of the letter and the date of its receipt in court. This opportunity is provided only when sending a registered letter, having a number, you can easily track the location.

Possibility of not appearing in court at the hearing in Ukraine

Failure to appear at a court hearing in case of divorce is quite common. However, in practice, there are cases when a husband or wife, disregarding the adopted provisions, do not provide for the consequences of the absence of a party at the hearing, prescribed in Art. 223 Code of Civil Procedure of Ukraine.

Among them are:

  • postponing the consideration of the case to another date;
  • leaving the application without consideration if the plaintiff did not come to the hearing;
  • consideration of the case without the participation of the party, if the defendant did not come to the hearing.

The law provides for failure to appear at the court hearing on the divorce of one of the spouses. Having properly prepared for the trial, you can get out of the current situation of failure to appear in court without consequences.

A good lawyer can help you with this, who will adequately represent your interests in a divorce in court and achieve a positive result in the shortest possible time.

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Tags of the site divorce.com.ua: divorce through court, divorce without presence, unilateral divorce, divorce in court, sue for divorce.

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