Publication date: 04.03.2024
Лоер
PREPARATION OF A DIVORCE LAWSUIT: LEGAL ASPECTS AND RECOMMENDATIONS
Introduction:
Divorce is a challenging stage in life that demands emotional and legal preparedness. An integral aspect of this process is the meticulous preparation of the divorce lawsuit, serving as the primary document for resolving this legal matter through court proceedings.
1. Divorce Lawsuit Preparation:
The initial step involves comprehensive preparation of the lawsuit, where the divorce's requirements and circumstances are precisely formulated. It is crucial to consider all aspects such as child support, property division, and other joint rights and responsibilities.
2. Divorce Through Court:
The divorce through court process encompasses filing a lawsuit and active participation in court hearings. Adherence to all rules and procedures is vital for the successful completion of the case. The lawsuit should clearly define the grounds for divorce and the main requirements.
3. Divorce Through Court:
Divorce through the court involves compliance with the law and fulfilling all necessary formalities. The submission of documents confirming the divorce circumstances is a pivotal stage in this process.
When to go to court for a divorce:
- If you share joint physical well-being, and your children are under 18 years old, filing a lawsuit is the only way to resolve this situation.
- In cases lacking joint children, but your husband is preventing the marriage dissolution, the situation also requires a judicial review.
The application for divorce must align with the place of your registered residence or the residence of the other spouse. In instances where you cannot come to your place of residence due to health conditions or other valid reasons, you have the right to file a claim against your registration or residence. Confirmation of these circumstances (documents on your and your children's registration, certificates on living conditions, medical certificates, etc.) should be provided. It is essential to note that, with the consent of both spouses, the case can be considered at the registered place of residence or any other convenient location. However, it should be acknowledged that in the case of the wife's pregnancy and within a year after childbirth, the case will not be considered.
When filing a lawsuit for divorce, it is imperative to comply with the requirements of the Civil Procedure Code, particularly Articles 175 and 177 of the Civil Procedure Code of Ukraine.
The documents that must be attached to the divorce petition include:
- Passport with a registration mark;
- Marriage certificate;
- Child's birth certificate;
- Passport and code of the other spouse (if any);
- Confirmation of payment of the court fee.
It is crucial for these documents to be properly certified, containing your full name, signature, date, and the inscription "according to the original." In the preliminary part of the lawsuit, it is possible to note the desire to return to the maiden name.
It is noteworthy that in the application or during the consideration of the case, you can indicate that you want the case to be considered without your participation, as provided by your law.
4. The Role of a Divorce Lawyer:
Hiring a divorce lawyer with experience in divorce cases can significantly simplify the process. A professional will help determine the strategy, prepare the necessary legal documents, and protect the client's interests in court.
In cases where you do not want to waste time and money, the assistance of a divorce lawyer when filing for divorce is practically mandatory. This is especially crucial because a lawyer will help you avoid potential legal difficulties and ensure an efficient process.
Conclusion:
The preparation of a divorce lawsuit is a crucial stage in the legal resolution of this life issue. Considering all aspects of divorce through court and enlisting the help of a divorce lawyer, it is possible to dissolve the marriage as efficiently as possible and resolve all disputed issues in the interests of the parties.
This article provides general information and is not intended to serve as legal advice. It is recommended to contact a qualified lawyer for individual advice on social law issues.
