Divorce through the courts

Divorce through court without the presence of a spouse ispractice, which occurs more and more often. In fact, there is nothing difficult in this process.

It is enough to know about some features, as well as about the current legislation in Russia.

What will be required of the spouses if they want to divorce? And when is the chance to execute an operation without the participation of one of the parties? About all this further. In reality, everything is not as difficult as it seems.

Is there a chance

To begin with it is necessary to understand, how much in practice such turn is real. After all, it often happens that there is a chance by law, but in reality it is impossible to implement it.

divorce through the courts

In fact, divorce through court without presencethe spouse is a normal phenomenon. Perhaps, the chances for the implementation of this idea in life are 100%.

After all, in practice, they are bred not only with the consent of both parties, but also unilaterally. It is enough to know about the cases when the presence of a husband or wife is not necessarily in a court or a registry office.

So what are the options for the development of events? What should you pay attention to first?

Through registrar's office

The first step is to learn how to dispense with the court. After all, in some situations, citizens are divorced through the registrar unilaterally. This chance takes place only in certain circumstances.

Among the most common cases are:

  1. One of the spouses is in custody or is in prison. Then the divorce is through the registry office on the application of the second half of the prisoner.
  2. If there is a judicial opinion. The court decision is the basis for issuing a certificate of divorce unilaterally.
  3. Death of the spouse. This is the basis for obtaining an appropriate document confirming the divorce. And he is issued after the certificate of death.
  4. Finding one of the parties in a psychiatric hospital or recognizing incapacity for a citizen. Usually in such cases there is also a judicial opinion.

But much more interest is caused by divorce through the courtwithout the presence of a spouse. The documents that need to be provided in this or that way, as a rule, change. But about them later. First you need to understand when the process is formalized with only one side.

divorce through the courts

Repeated treatment

It often happens that the pair does not convergecharacters. And someone from the couple wants to issue a divorce. First, the simplest situation will be considered — the absence of children and common property (or property disputes). If someone does not agree with the divorce, you can apply to the district court with the appropriate application. And unilaterally.

Accordingly, the divorce case will be consideredduring some time. The judicial authorities will fix the date of the meeting. Both sides will be invited to it. Nevertheless, some citizens who categorically disagree with the divorce prefer to ignore the meetings.

Divorce through court without the presence of a spouse (withoutchildren and other encumbrances) in this situation is possible. Several times the meeting will be postponed. But if a person stubbornly avoids appearance, then the process will end in a compulsory manner. By law, a divorce can not be banned.

So, after a few unsuccessful invitations the couple will still be divorced. As practice shows, most often after 3 postponements cases people are bred, even if there is not one of the parties. In particular, the defendant. In any case, the applicant or his representative must be present. Exception — the presence of valid reasons.

But in practice this is extremely rare.

divorce through the courts

Representation

What's next? Quite an interesting case is a divorce with a legal representative. Then you can not wait for the spouse. And this is quite normal phenomenon.

A person who can not be present at the hearing in person appoints a representative representative. The corresponding document is issued at the notary.

And then the defendant in the divorce case may be the one whom the second spouse will appoint.

Normal practice in modern Russia. In any case, it is in this situation that a divorce is quickly drawn up through a court without the presence of the spouse. The main thing is the presence of a legal representative.

Another country

What else is offered in Russia? Divorce through court without the presence of a spouse (with or without children — this is not so important) is possible in case of residence of a husband and wife in different countries. This is a normal, albeit relatively rare, practice. Nevertheless, quite often in this situation, often appoint a legal representative by proxy.

Of course, the citizen's residence in the territoryanother state (or in a remote location) will have to be documented. This process does not always go smoothly. And this fact must be taken into account.

Without a trace

Divorce through a court without the presence of a spouse hasplace under slightly extraordinary circumstances. For example, if the other party is hiding or recognized missing. Then, with all the desire to not find the defendant. But at the same time, no one can impose a ban on divorce on the plaintiff.

divorce through the courts

For missing persons, it is not important to haveproperty and minor children. After all, you can realize the idea quickly and without hindrance. It is enough to provide a certain list of documents. Only after this, the divorce proceedings will take place. The main thing is that the applicant himself came to the meeting. Or acted through a representative.

Physical impossibility

But the following situation in practice occursquite rare. When there is a divorce through a court without the presence of a spouse? The application is submitted by one of the parties.

And it is obligatory for the applicant to attend the meeting. This has already been said. But the defendant has every right to not come. And the reason for this is sometimes the physical impossibility of movement.

For example, due to illness.

In such a case, as a rule,legal representative. And he will replace the defendant by proxy. Or, as already said, the meeting will be postponed. Nevertheless, direct appearance is not required with the divorce side is not required. And every citizen should know about this. All the same, sooner or later the couple will be divorced.

Where to go

Now it is clear when it is possible to divorce through the courtwithout the presence of a spouse. The time and place of filing a claim — this is a few more topics that citizens should know about. It is worth considering that the lawsuit extends the process of divorce considerably. Therefore, if the marriage has no encumbrances, it is best to agree and get a divorce.

divorce through the courts

If there is no such possibility, much depends on the situation as a whole. You can apply with the statement of claim to the district court. He considers cases:

  • in the absence of children and property;
  • there are no children, but there are co-acquired, costing no more than 50 thousand in total.

In the rest it is offered to address in a world court. This body is usually treated if there are underage children, and there are also serious property disputes.

Terms of divorce

And how quickly can a divorce take place, if there is no second party at the meeting? It is very problematic to answer this question precisely. After all, as practice shows, the process is individual.

When it comes to a couple and relationships withoutencumbrances, the process of divorce will last at least 4 months. This is with the presence of a legal representative. 1 month from this period is allotted for the collection of documents for the filing of the claim and for the consideration of the case by the court. A 3 have a place for reconciliation. Sometimes it's possible.

If a person simply hides, thenThe divorce process lasts for an average of 6 months. Sometimes longer. After all, first the second party will repeatedly call for participation in the meeting. And only after several failures the relationship will be terminated unilaterally.

In the presence of underage children, bothNormally, too, the process is delayed for a long time. The presumable term, which is given in the absence of legal representatives of the defendant and one of the spouses, is also six months. So you have to have patience.

divorce through the courts

This is how a divorce is made through a court withoutpresence of the spouse. Urgent without the presence of one of the parties, too, can dissolve.

But this is possible only in cases when the dissenting spouse is at risk for the plaintiff, as well as for minor children. It's not such a rare situation in Russia. The danger will have to be documented.

For example, information about the beatings ever struck. Or by means of a medical report on the state of health of the defendant.

Documentation

Now it is clear how a divorce is made through the court.without the presence of a spouse. What documents may be needed to translate ideas into reality? Much depends on the situation, this has already been said. But in general, a list of all the necessary things is known to many.

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It includes:

  • divorce lawsuit with a detailed description of the situation;
  • identity card of the applicant;
  • Marriage certificate;
  • documents proving the grounds for a divorce (not necessarily, it may be certificates of recognition of missing persons or medical reports)
  • birth certificates of children (if any);
  • extracts and papers indicating the property acquired during the marriage;
  • consent to a notary-certified divorce (if the decision is mutual, not necessary).

No other special documents are required. It is advisable to worry about the presence of certain evidence specified in the statement of claim. For example, testimony. If the spouse lives in another country, this must be reported. And, of course, provide relevant information.

After the trial

Now it’s clear how to get a divorce through court.without the presence of a spouse. The application of the established sample was submitted together with all previously listed papers, the decision of the judicial authorities was received. And then what?

divorce through the courts

Then you will need to get a divorce certificate at the registry office. Make it easy. You need to bring with you:

  • application (to be completed on-site);
  • Identity card (passport);
  • birth certificates of all common children (if any);
  • judicial decision.

Just a few days (sometimes the processis delayed for a month) it will be possible to get a copy of the document on divorce. There is nothing special in this process. It is enough to properly prepare for a divorce!

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Divorce through the court | Divorce with children, how much, the price

divorce through the courts

From a legal point of view, divorce is the termination of a valid (officially registered) marriage in relation to spouses.

The divorce process is greatly facilitated if the parties jointly come to this decision and do not have common children and joint property, since in this case the divorce will take place at the civil registration office (ZAGS). Through the registry office, you can also part with the one-sided desire of one of the spouses, if the second of them:

  • declared missing by the court;
  • there is a court decision declaring him incapacitated.

When a couple has common minor children, as well as property acquired during their life together, divorce is possible only in court.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: divorce, grounds and procedure for divorce, a divorce statement, a statement of claim for divorce, documents for divorce, documents for divorce from DRACS, divorce in the registry office, unilateral divorce, can you leave without the consent of your husband or wife?

divorce through the courts

Grounds for divorce through court in Ukraine

Since dissolution of a marriage considers not only the question of the actual termination of close relations between the former spouses, but also violates a number of other vital problems: regarding joint children, property, the Family Code of Ukraine provides for the obligatory decision of such issues through judicial proceedings.

The grounds for divorce in court (through the court), according to the Family Code of Ukraine, are as follows:

  1. one of the parties to the marriage relationship does not agree to divorce;
  2. the spouse shies away from coming to the registry office, without having specific objections;
  3. a married couple “with children”, that is, they have common minor children (a child) – despite their general agreement to part;
  4. there is a dispute over common property that was acquired in marriage.

In the event that a pregnant wife or a woman with a child (children) under the age of 1 year declares disagreement with the divorce, the divorce claim is not subject to consideration by the court at all.

EXAMPLE No. 1

Spouses Vasyukov on the day of the reception appealed to the registry office regarding the termination of their marriage union.

Despite the fact that the husband and wife both wanted to part, having a 14-year-old daughter who, by their mutual consent, taking into account his personal opinion, would stay with her mother, the registry office specialist, referring to the Family Code of Ukraine, sent them to the district court to resolve this issue.

EXAMPLE No. 2

The Sirko spouses have been married for two years, they did not have common property and common minor children. The wife, having exposed her husband of treason, wished to file for divorce by filing an application with the DRACS, however, due to the absence of a similar desire of her husband, divorce proceedings are possible only through the courts.

divorce through the courts

Which court should you apply for divorce if you have children in Ukraine?

In order to avoid the return of the statement of claim, you must pay attention to the correct jurisdiction, since claims for divorce can be filed:

  • at the place of residence of the defendant;
  • at the place of residence of the plaintiff;

According to the general rules for filing a statement of claim, it must be filed with the court at the place of residence of the defendant. However, in accordance with the Civil Procedure Code of Ukraine, it is possible to send an application to the place of residence of the plaintiff if:

  • a minor / minor child, or a disabled child lives with the plaintiff;
  • departure of the plaintiff to the court at the place of residence of the defendant is difficult, despite the poor health of the plaintiff.

divorce through the courts

Divorce petition in court with children (sample 2021) in Ukraine

A competently and fully prepared statement of claim will allow you to avoid additional questions in court, as well as prevent the return of the claim and the delay in the dissolution of the marriage. Sample statement of claim.

There is a court fee when filing a lawsuit for divorce of 908 hryvnia (as of 2021). The price changes every time, the tax minimums change. That is why we recommend that you update this information immediately before filing a claim.

The statement of claim must contain:

  1. Name and address of the court.
  2. Full name, address and contact telephone number of the plaintiff.
  3. Full name, address and contact telephone number of the defendant (second spouse).
  4. content:
  5. a thesis statement of the fact of marriage;
  6. reason (motivation) for divorce;
  7. the presence or absence of a dispute about children and property and a brief description of this dispute on the merits.
  8. Claim requirement – that is, a request to the court to dissolve the marriage union with a spouse.
  9. Attached:
  • statement of claim;
  • copies of passports and taxpayer code of the plaintiff and the defendant;
  • copies of birth certificates of children;
  • copy of marriage certificate;
  • statements of income of the plaintiff and the defendant (when considering the issue of the further maintenance of the child);
  • documents at the place of residence of the spouses, their characteristics from the place of work (if the parties have not decided the issue of who the child will stay with)
  • marriage contract (if any), documents for property (if it comes to its distribution);
  • Receipt of payment of the court fee in the amount of UAH 908 (as of 2021).

Do not worry if, for whatever reason, not all documents were attached when filing a claim. There are no documents related to the issues under consideration, if necessary, the assistant judge or the judge himself will ask to convey them at the hearing.

When filing a claim for divorce in court, remember that the moment of termination of the marriage union will be the day the court decision comes into force.

Application for divorce through court. Divorce through the courts: documents

Divorce is a difficult episode in family life. But if the spouses approached this question with full confidence, this morally complicated procedure will be necessary to pass. And very often most people do not know how to start the process, what documents are needed for this, where to file them, for how long the divorce procedure will last.

Do not forget about the fact that according to the Family Code, Article 17, if your spouse is in a position or your child is still very young, that is, his age has not reached 1 year, your application for divorce through a court will be rejected, and the termination marriage will be impossible.

Such restrictions do not exist if the claim is filed by a woman.

divorce through the courts

Where to go

It depends on some factors:

  • absence of children under the age of majority;
  • absence of claims to joint property;
  • Both sides agree to divorce.

If your case includes all three conditions, thentime and nerves on the procedure you will spend a lot less. The application applies either to the registry office at your place of residence or to the authority where your marriage was registered. A month is allocated for making the decision, after you have handed over all the necessary documents.

Conditions for applying to the court

The conditions for applying to a court for divorce are:

  • presence of underage children in the family;
  • disputes on joint property;
  • your half does not agree with the divorce;
  • if no agreement is reached with whom the children will remain.

In order to file for divorce through court,The statement of claim must be sent to the court to which the place of residence of your spouse belongs, if he lives separately.

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Another option is possible, if the claimant has a dependent child who has not reached adulthood, the application for divorce through the court can be submitted by the applicant at his place of registration.

The first meeting on your application will take place in a month, which will be notified to you by a summons to the judicial institution.

divorce through the courts

Documents for submission to court

Of course, it's impossible to divorce at will, there are certain rules to divorce. Documents, application — all this must be submitted without fail.

Divorce is a procedure for which the following documents should be provided:

  1. Application to the registry office or judicial institution. A lawsuit is being filed for divorce through a court. A sample application is written only in writing.
  2. Passports of the plaintiff.
  3. If you have children, you need to provide copies of birth certificates.
  4. Payment of state duty (must be confirmed by a bank receipt).
  5. A copy of the marriage certificate.
  6. Information from the place of residence.

Required documents, including applications for divorce through the courts, are submitted personally or by registered mail.

Expenses for divorce

Divorce absolutely free of charge will not work. If there are no additional claims for division of common property, maintenance by alimony, then the only expense will be payment of a state fee from each spouse, regardless of whether you filed an application for dissolution in a judicial institution or registry office. Its size is 400 rubles.

If you can not file your application yourselffill in the standard form of divorce through the court and formulate all the necessary conditions and requirements, then you will need professional help from a lawyer.

The services provided by a lawyer for processing documents, you have to pay. In the application there must be many factors: to indicate passport data, data on the registration of marriage, the causes of divorce.

If there are additional claims, information about them is also included in your application.

divorce through the courts

Court appearance

You need to be patient, because the procedurenot fast, and at the first meeting the decision will not be rendered. The length of the trial depends on your personal circumstances. The judge, by all rules, will have to appoint a second hearing on your case.

Stages of divorce: from divorce petition to decree absolute

divorce through the courts

There are nine key stages of divorce in England and Wales, from the initial divorce petition through 'decree nisi' and finally 'decree absolute'.

This article summarises these stages of divorce in simple terms. The same stages apply for dissolution of a civil partnership.

While you can still apply for a divorce by post, HM Courts & Tribunals Service offers an online service (one that is used by individuals, and another that is used by solicitors).

Divorce petition — stage 1

The person seeking a divorce(the 'applicant', still usually referred to as the petitioner) files a divorce petition (now called a 'matrimonial order').

The applicant fills in a divorce petition form. You send two copies (or three if you named someone who your husband or wife had an affair with, because they will be sent a copy), together with the original or an officially certified copy of your marriage/civil partnership certificate and the £550 fee (see Civil and family court fees) to your nearest divorce court.

From 6 April 2022 (or perhaps later), divorce law will change. Divorce will be on a 'no-fault' basis, to encourage amicable proceedings. The whole divorce process will become much simpler and easier.

Helping you take your next steps, from the UK's largest specialist family law firm (rated ‘Excellent’ by 94% of customers on Trustpilot).

Request a free call today

Court informs respondent — stage 2

The court sends a divorce petition and other documentation to the husband or wife of the petitioner/applicant (the 'respondent').

Acknowledgement of service — stage 3

The respondent replies to the court by sending a completed acknowledgement of service form.

Confirmation of acknowledgement to petitioner/applicant — stage 4

The court sends a copy of the acknowledgement of service form to the petitioner/applicant.

Respondent's opportunity to oppose — stage 5

If the respondent opposes the divorce, they have 21 days to complete and send to the court an Answer to a divorce petition form stating their reasons. There is also a fee payable (see Civil and family court fees).

The respondent can also choose to start divorce proceedings against the original petitioner/applicant, for example, with a counter claim about the adultery or unreasonable behaviour or that person. The process and fee are the same as at stage 2.

Petitioner applies for decree nisi — stage 6

  • The application for a decree nisi is a 'request to proceed'.
  • The petitioner/applicant completes and sends the court an Application for a decree nisi form, together with a copy of the respondent's response to the divorce petition and a statement form in which the petitioner/applicant confirms the facts set out in the original divorce petition.
  • There are five types of statement depending on the grounds for the divorce (eg adultery or unreasonable behaviour).

Decree nisi granted — stage 7

Before the judge proceeds to decree nisi they will first issue the ‘certificate of entitlement’ which is basically a letter from the court confirming they approve your divorce application and notifying the parties of the date when the decree nisi will be pronounced. If the petitioner has applied for some or all of their legal costs to be paid by the other party, the court will also make a decision on this matter.

At this stage of divorce the judge will grant decree nisi — as long as the respondent does not oppose the divorce and the judge agrees with the grounds.

This means the judge can see no legal reason for the divorce not to go ahead.

If the respondent opposes the divorce, there is a court hearing. Following that, the judge may grant decree nisi or send both parties a 'notice of refusal of judge's certificate' form, saying why they can't divorce.

The judge may ask for more information or order a court hearing as the next step.

Petitioner applies for 'decree absolute' — stage 8

Six weeks and one day after the decree nisi has been granted, the petitioner/applicant can apply for a decree absolute, which is the legal document that ends the marriage.

You use the Notice of application for decree nisi to be made absolute form. Or, if four-and-a-half months have passed since the grant of decree nisi and the petitioner/applicant has failed to apply, the respondent can apply for decree absolute using an Application notice form.

Decree absolute granted — stage 9

This is the last of the stages of divorce and marks the end of the marriage in legal terms.

Note that these stages of divorce only cover the divorce itself — ie the ending of the marriage. You may also want the court to deal with financial issues and with arrangements for the children.

Uncontested Divorce — Definition, Examples, Processes

When two people decide mutually to file for a divorce, and are able to decide matters related to the divorce, such as property distribution, child custody support, and spousal support, without help from the court, it is considered to be an “uncontested divorce.

” Uncontested divorces can save couples a great deal of time and money, as they are not depending on the judicial system to make such decisions, and generally don’t even require the services of an attorney.

To explore this concept, consider the following uncontested divorce definition.

Noun

  1. A divorce in which the parties do not dispute or argue over such issues as property division, child custody, and support.
  2. A divorce that does not require the court to make decisions over disputed or contested issues.

An uncontested divorce occurs when two people agree to get a divorce, and can work out issues related to the divorce between themselves.

An uncontested divorce is a streamlined process in which the parties often need only file the divorce petition and related documents, as well as a settlement agreement, with the court.

A judge reviews the information in the documents, and grants the divorce once everything is in order, without the need for a hearing. Courts prefer uncontested divorces, as they are generally beneficial to all parties, and do not place an additional burden on the court’s already-crowded trial schedule.

In most cases, uncontested divorces are easiest when a couple has no children and very few assets, as these are the issues many people argue over when they divorce. That is not to say that couples with children and a large amount of marital assets cannot get an uncontested divorce.

There are certain elements that must be worked out before a divorce can be granted, and if the couple can come to an arrangement on all of them, submitting a written marital settlement agreement to the court, an uncontested divorce may work for them.

The requirements for an uncontested divorce include:

It is important to note that, in some states, court proceedings regarding child custody and support are required if the couple has minor children.

Vince and Suzy were married three years when they decided to divorce. Suzy files a Petition for Divorce with the local family court, having the documents served on Vince.

The couple has already had a talk about how to handle the divorce, so Vince files the required Answer to Divorce, and they start working out a settlement agreement.

The couple has no children, so they need only decide how to divide up the marital assets, and whether any spousal support will be paid.

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Vince and Suzy quickly decide how their property will be divided up, from the house, down to the photographs. In their state, Suzy is entitled to one-half of the amount of Vince’s retirement accrued during the course of their marriage.

This is a difficult calculation that generally requires the hiring of a specialized accountant. Suzy decides to leave Vince’s retirement to him, and the couple settles on a spousal support amount of $300 per month for three years.

The couple writes all of these details into a Marital Settlement Agreement and submits it to the court.

Once the court determines that all of the documents have been properly filed, and that the settlement agreement is acceptable to the court, the judge will finalize the divorce, issuing a Divorce Decree that states the date the couple’s divorce is effective.

A contested divorce is one in which the two parties cannot agree about getting a divorce, or about the terms of the divorce. Commonly, the couple will disagree on matters such as child custody, financial support, and the distribution of marital assets. When such issues are contested, the court gets involved, and hearings are scheduled, ultimately leading to a trial.

Child custody issues are handled separately from marital and property issues, usually being channeled through a court mediator to assess the situation and help the couple come to an agreement on a parenting plan. Even if the couple cannot come to a complete agreement about child custody and visitation, writing down whatever issues they agree upon helps ensure they are happier with the final custody order.

Even in a contested divorce, the parties may try to work through issues of dividing the marital assets and debts, writing down all of those items to which they are able to agree.

Couples are often able to agree on the division of household items, such as furnishings, and even large ticket items, such as the house and mortgage.

The issues that have already been agreed upon can then be presented to the court as a marital settlement agreement, leaving only the most contentious issues for the court to decide.

Which court to file for divorce? | Jurisdiction in divorce

Our family lawyers are often asked the following questions: When does a divorce occur in court? Is it mandatory to be in court during divorce hearing?

On our website advokat-skriabin.

com you can familiarize yourself with the topic: “In which court to file an application for divorce?” and if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

How and where to file for divorce in Ukraine?

According to the legislation of Ukraine, the basis for divorce is a written application for divorce. In a court divorce, this statement may be:

  • lawsuit (with a one-sided desire to divorce);
  • joint (if both spouses wish to dissolve the marriage).

The completed application must be supplemented with a package of mandatory documents, pay the court fee and file a lawsuit for consideration.

The exact court to which the documents must be submitted, that is, the determination of the jurisdiction of the case, is regulated by the Civil Procedure Code (CPC) of Ukraine.

Paragraph 3 of Chapter 2 is devoted specifically to the topic of territorial jurisdiction (jurisdiction).

The Code of Civil Procedure of Ukraine divides cases into several categories, depending on the participants in the proceedings. That is why you should be especially careful when determining the jurisdiction for cases:

  • in which a court or judge is a participant in the proceedings;
  • at the place of residence or location of the defendant;
  • at the option of the plaintiff;
  • with the participation of citizens of Ukraine, if both parties live abroad.

Determining exactly where to file for divorce is of great importance, as it can significantly affect the length of the trial. Thus, an incorrect definition of jurisdiction often becomes the reason for an increase in the term for divorce, even in the simplest cases of divorce.

A family lawyer or a good lawyer will help you determine the correct jurisdiction. He will not only tell you which court you need to submit an application to in accordance with the Code of Civil Procedure, but also point out the nuances of your particular case.

Where to file for divorce if you have minor children in Ukraine?

According to Article 27 of the Code of Civil Procedure of Ukraine, a statement of claim against an individual (including in case of divorce) must be filed at the registered place of residence or location of the defendant.

At the same time, it is important to know that there are conditions that allow you to file a claim at the place of residence of the plaintiff.

Clause 2 of Article 28 identifies cases when a claim for divorce can be filed at the registered place of residence or location of the plaintiff:

  • if minor children are on his / her maintenance;
  • the state of health does not allow filing a claim at the place of residence of the defendant.

It should also be noted that if the spouses agree, the divorce case can be considered at the registered place of residence or location of one of them.

Jurisdiction of a divorce case in court between citizens of Ukraine who permanently reside abroad

Determining the court to which you need to go in case of divorce, if both the husband and wife permanently reside outside Ukraine is quite difficult.

According to Article 29 of the Code of Civil Procedure of Ukraine, there are cases when only a judge of the Supreme Court can determine the court. These include court cases in which the parties to the divorce proceedings reside outside Ukraine:

  • are citizens of Ukraine;
  • one of the parties is a Ukrainian (Ukrainian), and the other is a foreigner;
  • one of the parties is a Ukrainian (Ukrainian), while the other does not have citizenship.

Considering one of these cases, the rational solution would be to contact a family lawyer, who will help you take the appropriate measures to correctly determine the jurisdiction, or will do it for you.

Dissolution of a marriage concluded at the embassy (consulate) of Ukraine

There are cases when, being outside their home country, spouses (citizens of Ukraine) register their marriage through the Embassy of Ukraine on the territory of the country where they live. And after returning to Ukraine, the question of divorce arises.

In this case, when determining jurisdiction, it is necessary to be guided by the provisions of the Code of Civil Procedure.

According to Article 27 of the Civil Procedure Code of Ukraine, a statement of claim for divorce is filed at the place of residence of the defendant. At the same time, guided by Article 28 of the Code of Civil Procedure, a claim can also be filed at the place of residence of the plaintiff if:

  • minor children are on its maintenance;
  • the state of health does not allow to go to court at the place of residence of the defendant.

Determine jurisdiction and file for divorce with a lawyer in Ukraine

Considering that each specific case of divorce cannot be considered in a stereotyped manner, special attention should be paid to each stage of the divorce process.

Determining jurisdiction is an important task, the correct implementation of which has a positive effect on the duration of a divorce. However, this is only a small part of what needs to be done to get the desired divorce. This is especially the case when the spouse strongly objects to the dissolution of the marriage.

The help of a family lawyer will be appropriate if your goal is precisely a divorce, and not a divorce proceedings.

A lawyer will help you achieve a positive result as soon as possible, even without your personal presence! An agreement on the provision of legal assistance will become the basis for representing your client’s interests in court, both if you are a plaintiff and when you are a defendant.

Family Divorce Lawyer in Court in Ukraine?

To effectively resolve a divorce case in court, you should contact professional family lawyers.

Divorce lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in a divorce case in court is to contact good family lawyers!

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