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Publication date: 17.05.2024
Divorce Lawsuit Preparation
Divorce is a complex and delicate matter that requires serious preparation and understanding of legal aspects. If the divorce decree is final, it is necessary to carefully prepare the divorce action for filing in court.
One of the first steps in preparing a lawsuit is determining the grounds for divorce. The Family Code of Ukraine provides for several grounds for divorce through the court, including the actual breakup of the family, incurable illness of one of the spouses, alcohol or drug abuse, cruel treatment and other circumstances that indicate the impossibility of further joint life. It is important to substantiate your claims and provide relevant evidence to support them.
Divorce Lawsuit Preparation requires the collection of necessary documents, such as a copy of the marriage certificate, documents confirming the fact of living separately, medical certificates (in case of illness of one of the spouses), witness statements, documents on the presence of joint property and children. These documents will serve as evidence to confirm the grounds for divorce.
When preparing a lawsuit, it is important to determine what issues will be raised before the court in addition to divorce. If the spouses have minor children, it is necessary to resolve the issue of their residence, support and communication regime with each parent. It is also necessary to resolve the issue of the distribution of joint property, if any, and the collection of alimony (if necessary).
If the spouses have joint debts or loans, it is important to determine the order of their repayment after the divorce. These issues must be clearly stated in the claim and supported by relevant documents.
After collecting all the necessary documents, it is recommended to file the divorce action itself. Although the law does not require the involvement of a lawyer or divorce attorney, their assistance can be extremely helpful. They will help to correctly formulate claims, properly file a claim and ensure full consideration of all legal aspects of the case.
If one of the parties does not agree to the divorce, the lawsuit can be filed in the court at the defendant's place of residence. In this case, the divorce process can be longer and more complicated, so the involvement of a lawyer or divorce attorney becomes almost mandatory.
After the lawsuit is filed, the court appoints a preparatory meeting at which the parties can resolve disputed issues or begin the process of reviewing the case on its merits. During the trial, the parties have the opportunity to present evidence, listen to witnesses and experts, as well as listen to the court's decision.
Therefore, preparing a divorce lawsuit requires careful collection of all the necessary documents, a clear formulation of the claims and, if necessary, the involvement of a lawyer or a divorce attorney. This will help ensure effective and legal consideration of the case in court and consideration of the interests of both parties.
