The statement of claim for divorce in Ukraine

The statement of claim for divorce in Ukraine

Procedure for filing a statement of claim for divorce in court

When deciding on a divorce, it is necessary to understand that there are rules for filing documents and the result of the divorce process depends on how clearly and correctly the statement of claim for divorce is drawn up.

If you decide to participate in litigation on your own, without the involvement of a good lawyer specializing in such matters, you must understand the full responsibility for divorce proceedings in court.

A court fee has been established in Ukraine. To file for divorce in court, you must pay a court fee, and attach the original receipt to the statement of claim for divorce. The court fee is paid according to the details of a particular court.

We recommend that you fold the documents in the following order:

  • statement of claim;
  • original receipt for payment of court fee;
  • and then in the order in which they are listed in your statement of claim in the list of attached documents.

Note that two sets of documents are submitted to the court. One of them remains in court. The second is sent by mail to the defendant (the second of the spouses).

Sample statement of claim for divorce

Following the norms of the legislation of Ukraine regarding the filing of applications (including claims) and their consideration in court, it becomes clear that the free form of writing such documents is not allowed. The statement of claim is submitted according to the sample.

The divorce application must have a certain structure, since in case of inaccuracies in the claim, the court will have to return it back to you in order to correct errors and eliminate other shortcomings. This can significantly delay the time for making a decision.

Reasons for divorce in a statement of claim for divorce

The rules stipulated by the Civil Procedure Code of Ukraine for any statements of claim are applied to a claim for divorce. In accordance with the Code of Civil Procedure of Ukraine, the claim is filed in writing and must contain the following elements.

  • The name of the court to which the application is submitted.

The statement of claim is submitted to the court, determined by the rules of jurisdiction, which are regulated by the Code of Civil Procedure of Ukraine, as a rule, at the place of residence of the defendant.

Art. 28 of the Civil Procedure Code of Ukraine contains exceptions to this rule: it is possible to file a lawsuit for divorce at the place of residence of the plaintiff in court if he has young or minor children in his custody, or he cannot, for health reasons or for other good reason, go to his place of residence the defendant.

  • Surname, name and patronymic of the plaintiff and the defendant, as well as the name of the representative of the plaintiff.

If the statement of claim is filed by a representative, their place of residence (stay) or location, postal code, communication means numbers, if known, are indicated.

  • Content of 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.

This point is very important, because here you have to write about the reasons for divorce, which should sound very convincing.

It is important not to miss any details. If you and your spouse are living separately for this period, do not lead a common life, you must write about this. The court will take them into account or not depending on how well-founded your reasons for divorce are. The main aspect is the significance of the circumstances in determining whether they contradict the interests of the plaintiff or the child.

  • Indication of evidence that supports each circumstance.

Everything that the plaintiff indicates above must be documented so that the court does not have doubts about the reliability of the facts you indicated.

In addition, if at the stage of drawing up a claim for divorce, you have difficulties in providing a document, for example, a marriage certificate, you can contact the registry office that registered the marriage with an application for a duplicate.

In the event of difficulties in obtaining any other documents, the law regulates the right to apply to the court with an appropriate application, on the basis of which the court requests the documents necessary for the consideration of the case.

  • A list of documents that are attached to the application.

Above all, do not forget that there is a court fee for filing a statement of claim for divorce, for which you must provide a receipt.

In accordance with Art. 28 Code of Civil Procedure of Ukraine, the statement of claim is signed by the plaintiff or his representative indicating the date of its submission.

Assistance of a lawyer in drafting a claim for divorce with children

At first glance, drawing up a statement of claim for divorce is not difficult, but there are many nuances that only a professional in his field – a divorce lawyer – can take into account. You can simply turn to him for legal advice on the correctness of drawing up a claim, or you can even entrust a lawyer to draw up a statement of claim legally competently and convincingly, since it is the lawyer who can impartially assess the complexity of the situation and indicate those circumstances that will best meet the interests of the client.

Contact an experienced lawyer Alexey Nikolayevich Skriabin in a convenient way and drafting a divorce claim will cease to be a problem for you!

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