Divorce in court

Divorce is a phenomenon that can affect everyone. After all, not always in family life everything goes as we would like. At the same time, it is good if the spouses were able to disperse without disputes and scandals, so to speak by mutual agreement. It often happens that a couple already have children, or one of them is against divorce, or there are any property disputes. In such cases, the marriage is dissolved in court. The right to divorce at the request of one of the spouses is ensured by the Family Code of Ukraine.

Расторжение брака в судебном порядке 1When the termination of a marriage occurs through the court

Divorce is carried out through a court in cases strictly defined by law. These include:

  • Dissolution of marriage in the presence of joint minor children;
  • Divorce without the consent of the second spouse.

If the spouses have a joint child under the age of 18, then divorce is possible only through a court. In this case, the judge will require the parents to provide an agreement “On the upbringing and maintenance of the child after the parents divorce.” This circumstance is due to the fact that the state promotes material security and the provision of upbringing to all children, including those who live with one parent.

The second reason for divorce in court is the lack of mutual consent to divorce. In this case, the initiator writes a statement of claim, which is the basis for opening the divorce proceedings.

 

Divorce procedure in court

The first thing to do before going to court is to file a statement of claim for divorce. To do this, you may need the services of a lawyer or you can follow the link and use the recommendations for writing a claim. Moreover, in the case when both spouses agree to divorce, but there are common children, then a joint application for divorce is submitted. At the same time, when one initiator of the divorce is one, a statement of claim is drawn up.

Together with the claim, the following documents are submitted to the court:

  • copies of passports of both spouses;
  • a copy of the marriage certificate;
  • paid state duty cavitation.

Расторжение брака в судебном порядке 2
If there are children, the court will also require copies of their birth certificates and an agreement “On the upbringing and provision of a child after the parents divorced.” The package of documents is submitted to a judicial institution located in the area of ​​registration of one of the spouses. At the same time, if one of the parents refuses to divorce, the papers should be taken to the court at the place of residence of the defendant. Documents must be submitted in duplicate.

After that, a court session is scheduled, but not earlier than a month later. All participants in the case are notified of the place and date of the trial. Both spouses must appear at the appointed time, after which a trial takes place, during which a decision is made. This decision can be appealed within 10 days in the court of appeal. If this does not happen, then it gains legal force.

To complete the dissolution of a marriage in court, the spouses must appear at the Civil Registry Office and put a stamp in the passport.

    • Statement of claim
    • 700 UAH
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    • Drawing up a lawsuit
    • Receipt for payment of court fees
    • Divorce "Turnkey"
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    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • 1 court hearing
    • Obtaining a ready court decision
    • Premium Divorce Package
    • 12500 UAH
    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • All court hearings
    • Obtaining a ready court decision