Divorce through court


WebYurist offers legal support services in divorce proceedings. Our lawyers will provide legal assistance when considering a case in a district court, as well as courts of the 2nd, 3rd instance, if necessary.


Divorce service

In most cases, divorce cases are considered “on the merits” at first instance and there is no need for an appeal.

WebYurist offers legal services for divorce, in three service options to choose the most convenient solution to a legal problem, at the choice of the Customer of services.

To order a service or get a consultation from this page, use the form below.

Send a request for feedback to our lawyer

Please enter your contact phone number in the form and we will contact you as soon as possible*

Or write us an e-mail

For the implementation of the divorce process in court, documents and data relating to the parties and the essence of the legal dispute (if any, between the parties) are required. To obtain this data, the client must provide personal data and tell the essence of the situation that has developed.

Approximately, the term for divorce through the court, taking into account the procedure, is 2 months. Basically, the main dependence on terms is associated with the direct consideration of the case in the court itself and does not depend on the representative of a lawyer or lawyer.


What do you get when ordering divorce services

WebYurist will help you get the desired target result: divorce; reduce negative legal consequences; protect property; win a lawsuit; solve legal problems.

When ordering a service from WebYurist, you can expect that:

  • WebYurist will advise on the essence of the legal problem and offer options for solving it
  • our lawyers will prepare all the necessary procedural documents for the divorce process, including: a statement of claim, written explanations, evidence for consideration by the court and petitions
  • our lawyers will represent the parties in the divorce proceedings. That is, lawyers will take part in the trial, submit all the necessary documents, evidence and petitions, receive a court decision within the framework of the case
  • a legal framework for solving the problem in essence, including an action plan, an action plan and specific actions to resolve the issue in a pre-trial and judicial manner

The cost of services for accompanying the parties in the divorce proceedings depends on the amount of work required by WebYurist representatives to achieve the goals of the Customer.


Documents required for divorce

For procedural support of the Customer (representation within the framework of the trial in the District Court at the 1st instance), WebYurist lawyers need documents with the personal data of the parties, a power of attorney for representation, a certified translation of documents if necessary.

For prepare a claim

  • description of the situation and essence of the dispute, documents relating to the dispute and confirming those or other circumstances that require attention at the discretion of the Customer
  • personal data on the individual (Applicant), on whose behalf the litigation will be initiated and the claim prepared application, petitions, etc. procedural documents
  • a description of the task (that is, the claims that will be brought before the court) and the desired result that the client plans to get in the lawsuit

To file procedural documents with the court

  • documents certified by the customer’s signature prepared by our lawyers
  • power of attorney issued to represent the interests of a party in a lawsuit against a representative from WebYurist or an agreement with a lawyer (if the Customer wants his representation to be carried out by a lawyer)
  • translation of documents from a foreign language into Ukrainian

For legal representation of a party

Including cases when the WebJurist is involved at the stage of an already ongoing trial (directly into the trial).

  • description of the goals and objectives that the client plans to achieve in the litigation
  • power of attorney to represent the interests of the party in the litigation (to participate in court sessions), the right to familiarize with the materials of the court case and the right submission of documents issued to a representative from WebYurist (or an agreement with a lawyer)
  • data on past court hearings, existing procedural documents and court decisions, petitions made in the framework of court proceedings, etc..

Having received the above documents, clarifications from the client, payment for services, WebYurist lawyers will easily provide legal assistance related to the procedural support of the client in the framework of the divorce proceedings (in the district court)


Divorce proceedings

Legally, marriage is a voluntary act concluded between spouses on entering into family relations. Marriage registration is carried out in accordance with the established procedure by the civil status registration authorities (RAGS), by making an appropriate entry in the civil status registration book. In confirmation of the marriage registration, the spouses are issued a certificate of marriage registration.

Because the marriage is voluntary, participation in it can be suspended unilaterally.

In cases of mutual consent of the parties, without the presence of conditions preventing the dissolution of the marriage, the marriage can be dissolved by the parties in a pre-trial order through the Civil Registry Office. In other cases, to dissolve the marriage, you must go to court.

Litigation for divorce

The divorce process is a relatively uncomplicated legal process. In general, during a divorce, 2 scenarios are possible:

  1. when the litigation is a procedural action (that is, by agreement of the parties)
  2. when the legal process is related to aggravating circumstances accompanying a divorce (division of property, paternity issues, alimony, etc.)

Divorce cases are considered by courts of general jurisdiction in accordance with the general procedure of civil procedural legislation.

To dissolve a marriage, an application must be submitted on behalf of the interested party to the district court, the territorial jurisdiction of which is determined by the general rule (at the place of residence of the defendant) or on other conditions determined by the procedural legislation at the choice of the plaintiff.

Terms for the provision of services and consideration of divorce cases in court

Divorce, according to the terms of the service, can be conditionally divided into several periods:

  • the period of preparation of the statement of claim and additional materials to the case
  • going to court and opening court proceedings
  • preparatory stage and consideration of the case on the merits
  • issuance of the full text of the judgment by the court
  • entry into force of a court decision

The general terms of the judicial process for the dissolution of marriage on the diagram:

The period of performance of divorce services for the preparation of documents

After receiving an advance payment and the necessary information for preparing a statement of claim, the period for preparing documents by WebYurist lawyers does not exceed 3-7 days.

The terms of preparation depend on the volume of incoming information, the complexity of the statement of claim, the current workload of our lawyers.

In general, if necessary, WebYurist specialists can complete the work in a shorter time.

Opening of court proceedings for divorce

After the preparation of the statement of claim, it is sent to the court in whose jurisdiction the case is to be considered.

The opening of court proceedings consists in:

  • technical fixation of the fact of applying to the court and registering the case in the e-justice system
  • adoption by the court of a decision in the form of a ruling on the admissibility of an appeal and a statement of claim, or determining the conditions that prevent the consideration of the case and ways to eliminate them
  • appointment of a court case for consideration on a conditional date

The acceptance of the case for consideration is evidenced by the ruling issued by the court with the appointed date for the consideration of the case.

The general term established by the procedural legislation is 10 days. The moment of application is considered the moment of submitting an application to the office or sending a letter.

Preparatory stage of proceedings for divorce

The preparatory stage includes the main procedures carried out by the parties to the process and the court, aimed at eliminating all conditions that impede the consideration of the case on the merits.

At the preparatory stage, the question of a conciliation period for the parties to the trial may arise. The court may take this measure at its own discretion and give the parties 60 days to consider the need to dissolve the marriage or keep it.

The preparatory stage includes the issue of establishing the fact of the existence of a marriage that cannot be fixed on the basis of the documents provided by the plaintiff, that is, the plaintiff did not submit the original certificate of divorce along with the statement of claim.

This issue is mainly decided by the court before the opening of court proceedings, but in fact it is part of the preparatory stage of the trial. This procedure may take a period of 2-3 months.

Consideration of court proceedings on dissolution of marriage on the merits

Having taken all the necessary actions and measures, in the absence of obstacles to further consideration, the court completes the preparatory stage and considers the divorce case on the merits.

During the consideration on the merits, the parties provide and discuss the main arguments, exchange questions, consider evidence and carry out other procedural actions.

In general, in the absence of a dispute, the consideration of the case essentially takes place within the framework of 1 meeting. Complicated cases take longer to process.

Short and full text of the judgment on divorce

Having considered the case on its merits, the court may announce the judgment at the hearing. Depending on the case, this may be a full or short text of the decision.

The short text includes the main data on the dispute under consideration and the operative part of the decision. Basically, the court accepts it at the meeting or within 3 days after the meeting.

The full text is the full version of the court decision and the procedural terms for the entry into force of the court decision are calculated from it. Basically, the court accepts it at the meeting or within 10 days after the meeting. The form of a resolution is also used in written proceedings, where the terms of the resolution take from 10 days.

The entry into force of a court decision on the dissolution of a marriage

After the decision of the court decision, the court hands it over to the parties to the divorce proceedings.

Once served on the parties, the parties have a 30-day time limit to appeal. if during this period the parties have not filed an appeal, the decision shall enter into full legal force.

After the court decision on divorce enters into legal force, the parties can obtain a certificate of divorce.


What services may be needed in court

In most cases, marriage is dissolved within 1-2 sessions in the court of 1st instance and does not require additional actions from lawyers not included in the package of services.

The exception is, of course, lawsuits in which there is a dispute regarding the amount of alimony, determining the place of residence of children, establishing and / or depriving parental rights.

Such litigations take place according to the general procedure in the presence of a dispute between the parties. Accordingly, since the rules established by the Civil Procedure Code apply to the trial, it will be necessary to prepare additional materials for its consideration: a response to a review in the trial, additional explanations, petitions, familiarization with the case materials, and others.

The list of services, their approximate cost and terms follow the link below:

You can seek advice on the issue of divorce from our specialists:

Requesting feedback from a lawyer

Please enter your phone number in the form and our lawyer will contact you shortly*


Return to content in article:


Article summary and copyright:

Divorce through court

Anatoliy Ustinov Avatar

Author:

Publication date:

Last modified date:

Headings:


2 responses to “Divorce through court”

  1. User questions Avatar
    User questions

    Comment from:

    What documents and information are needed to file a claim for divorce?

    1. Lawyers answers Avatar
      Lawyers answers

      Comment from:

      The claim for divorce must comply with the general provisions of the Civil Procedure Code of Ukraine in accordance with the current version.

      To prepare a claim, submit and accept an application for divorce for consideration by the court with the opening of civil proceedings in the case, you need:

      1. General information about the participants in the case:

      1.1. About the participants in the trial, provided by the Claimant:

      Claimant details:
      – full surname, name, patronymic;
      – place of residence (and / or registration);
      – contacts: phone and e-mail;
      – tax number or passport details;

      Respondent details:
      – Full surname, name, patronymic;;
      – place of residence (and / or registration);
      – contacts: phone and e-mail;
      – tax number or passport data.

      For missing data, the reasons for the impossibility of their submission to the court are indicated.

      1.2. General additional information to be filled in by a lawyer:

      Data about the registration authority that registered the marriage: name; place of registration; contacts: telephone and e-mail; tax number of the legal entity.

      The cost of the claim and the size of the court fee are also indicated.

      2. Documents with personal data of the Claimant and the Respondent and other parties in the divorce case (in the absence of a property dispute between the parties), submitted to the court along with the claim:

      2.1. Personal data about the Claimant:
      – passport of an individual (with all photos and pages with a note about the child, registration),
      – individual tax number;
      — extract of the place of registration (if ID card).

      2.2. Data about the Respondent or information about their absence:
      – passport of an individual (with all photos and pages with a note about the child, registration),
      – individual tax number;
      — extract of the place of registration (if ID card).

      2.3. Data on children (if any), or information about the absence of these data:
      – birth certificate, ID card (passport of an individual or other information if they are adults);
      – individual tax number (if any);
      — extract of the place of registration (if ID card).

      2.4. Original marriage certificate (the original certificate is submitted to the court).

      2.5. The original receipt for the payment of the court fee is also submitted to the court.

      3. Documents with personal data of the Claimant and the Respondent and other parties, as well as their property in the divorce case (in the event of a property dispute between the parties), submitted to the court along with the claim:

      3.1. Data on movable and immovable property, including registration documents.

      3.2. Information about current accounts and the availability of funds.

      3.3. Data about other values of property interest to the parties.

      In the absence of documentary confirmation of information about the property, these data will need to be established in a separate manner.

      For cases including: determining the place of residence of the child; order of visiting the child; collection of alimony or establishing the procedure for their payment; on forced eviction from the place of permanent residence; – additional information is provided.

Leave a Reply