Publication date: 02.05.2024
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DIVORCE THROUGH THE COURT IF THERE ARE MINOR CHILDREN
Divorce proceedings are one of the most common categories of civil cases in Ukraine, which is not surprising, as statistics show that the number of divorces has increased significantly in recent years. Mobilization, prolonged absence of communication, traveling abroad is a great challenge for families, which not everyone can withstand, so families are destroyed, and even the fact that there are minor children in the family is not an obstacle to this.
So how you can dissolve a marriage if there are minor children?
Divorce in Ukraine, if there are minor children in the family, is carried out exclusively in court, according to the rules determined by the Civil Procedure Code of Ukraine (CPC), taking into account the provisions of the Family Code of Ukraine (FC).
To do so, one of the spouses who wishes to terminate the marriage relationship files a claim with the local general court at the address of the other spouse's place of residence or at his or her last known place of residence.
Divorce with minor children is not possible through the registry office.
When filing a claim, a court fee must be paid, unless a person may be exempt from paying the court fee. As of today, the court fee in divorce cases in Ukraine is UAH 1211.20 (0.4 of the subsistence minimum).
It is important to note that the divorce petition must meet the requirements set forth in Articles 175 and 177 of the Civil Procedure Code of Ukraine, otherwise it may be left without motion or returned by the court to the plaintiff.
What documents for dissolution marriage are important to attach to the claim?
In a divorce case, the plaintiff is obliged to attach duly certified copies of the following documents to his or her statement of claim
- passport;
- certificate of residence registration or extract from the demographic register (in case of using a passport in the form of an ID card);
- individual tax number;
- marriage certificate;
- birth certificates of joint minor children;
- copies of the passport, the tax registration certificate and a document confirming the place of registration or residence of the other spouse (if any);
- receipt of payment of the court fee.
Two copies of the claim are submitted to the court: one for the court and one for the defendant.
What should I do if the parties have a dispute over the child's place of residence?
If the spouses do not agree on who their common child will live with, a claim for determining the child's place of residence is filed with the court along with a claim for divorce. According to the current practice of the Supreme Court, the law does not prohibit filing a claim for determining the child's place of residence simultaneously with the divorce.
Family disputes may seem quite simple at first glance, but they are not. In practice, the parties to the case face many problems, ranging from leaving the claim without motion to returning the claim or dismissing the claim. Therefore, in order to save your time and peace of mind, a divorce lawyer will be useful. Qualified legal assistance in divorce will ensure a quick resolution of the dispute, divorce online (your presence will not be necessary, as your interests will be represented by a lawyer) and obtaining a long-awaited court decision.
The cost of a divorce lawyer's services can vary significantly, depending on the specialist's experience, the complexity of the case, the duration of the process, and other factors, but there is no doubt that by ordering the services of a divorce lawyer, you can completely transfer your troubles to a professional and be sure that everything will be done correctly.
And most importantly, by ordering the services of a divorce lawyer, you will be able to recover the costs of legal assistance and court fees you have incurred.
