How and where to file for divorce from your husband?
How and where to file for divorce from her husband is a question that many spouses ask when they understand that family life has exhausted itself, love, mutual understanding and respect in the family have ended. Under such circumstances, it seems impossible to maintain family relations between the spouses, and perhaps even further continuation of the marriage may contradict the interests of the husband and wife, one of them, or even worse – the child.
As you know, there are two ways to file for divorce in Ukraine: through the civil registry offices of the Civil Registry Office or through the courts.
This variation depends on several factors.
It is possible to file for divorce at the registry office in case of mutual consent of the spouses to divorce and the absence of minor children.
According to Art. 107 of the UK of Ukraine, you can also submit an application for divorce to the registry office unilaterally, but the second of the spouses must be recognized in court either as missing or incapacitated.
Submit an application unilaterally to the registry office
The divorce procedure at the registry office is quite simple. The spouses are simply required to come to the registry office at the place of residence and fill out an application in the appropriate form. The spouses must have a minimum package of documents with them: copies of passports and marriage certificate, a receipt for payment of state fees, a copy of the court decision on recognizing a person as missing or incompetent, which has entered into legal force – if the application is submitted by one of the spouses.
In addition, if one of the spouses cannot appear and submit an application, you can fill out an application for divorce, notarize and transfer it to the spouse who will be present at the registry office when filing an application for divorce.
As a rule, after one month, the registry office sets the date and time for the registration of the divorce, where both spouses must also appear and receive personalized divorce certificates. However, it is possible to register a marriage in the presence of one of the spouses. You can find out more on our website in the section “Registration of divorce”
How to file for divorce if you have children?
How to file for divorce if you have children? The question asked by the spouses who managed to have a child during marriage, but soon realized that further life together is impossible and the preservation of the family only worsens the relationship and negatively affects the child.
In this case, there are also two options for filing for divorce:
- If both spouses decide to divorce, then this also does not require much effort.
However, you still need to apply to the court with a joint application for divorce and a written agreement on who the child will live with, what role in ensuring his living conditions will be taken by the parent who will live separately.
Even in such circumstances, we recommend contacting a lawyer / attorney for divorce in Ukraine, since the above-mentioned agreement is very important for the court’s decision. Only a professional in his field will be able to competently and legally correctly draw up an agreement so that the interests of the child are taken into account and protected as much as possible.
- When one of the spouses is against divorce, it is also inevitable to go to court. However, already with a statement of claim, in which it is necessary to most clearly and concisely explain your requirements and reasons for divorce.
How to file unilaterally for divorce? What is the procedure for divorce in court? These questions are most relevant after deciding to divorce.
For a divorce in court, you need:
- pay the court fee;
- prepare and submit a claim to court;
- receive a ruling on the initiation of proceedings on the case;
- attend the court session;
- get a court decision;
- put a mark of divorce in the registry office in the marriage record.
The statement of claim is a very important document in any process and requires additional clarification. According to Art. 119 Code of Civil Procedure of Ukraine, a claim for divorce is filed in writing and must contain the following elements:
- name of the court to which the statement of claim for divorce is submitted.
- the name of the plaintiff and the defendant, as well as the name of the plaintiff’s representative, if the statement of claim is filed by the representative, their place of residence (stay) or location, zip code, communication numbers, if known;
- the content of the claims. Here you must indicate when and where the marriage was registered; whether he is the first with the plaintiff filing the application. Be sure to indicate whether there are joint children who have not reached the age of majority, their full name, date of birth.
- a statement of the circumstances by which the plaintiff substantiates his claims to dissolve the marriage.
- indication of evidence that confirms each circumstance, the existence of grounds for exemption from proof;
- a list of documents that are attached to the statement of claim for divorce;
- receipt of payment of the court fee.
How to file an online divorce petition in court?
It is possible to file for divorce in court according to the general rules at the place of residence of the defendant. However, if you have young or minor children in your support, or you cannot, for health reasons or for any other good reason, travel to the defendant’s place of residence, a divorce suit is filed at the plaintiff’s place of residence.
The following documents are attached to the statement of claim for divorce: copies of passports, a copy of the marriage certificate, a copy of the birth certificate of children and a receipt for payment of the court fee.
When filing a claim for divorce, you must make a copy of the claim and the attached documents for the defendant, his representative (if any).
It is also possible to use the services of a family lawyer and file a divorce online through a court. To do this, it is enough to contact a lawyer and send scanned copies of the necessary documents.
You can file for divorce in court directly by contacting the office of the relevant court or send it by mail to the address of the court with a letter of receipt and a list of investments, which will greatly facilitate the situation if you live in another area.
Family lawyer / attorney in Ukraine has many years of experience in divorce cases. If you have any questions or need professional help, we will help you draw up all sorts of procedural documents, from a joint application for divorce to an appeal.
We will help you file for divorce online without your presence and participation and will provide full support for the divorce process.
We provide family lawyer services in all cities of Ukraine.
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