Publication date: 02.06.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Divorce during the war
A family is a group of people who are related by blood, marriage, adoption or cohabitation and by common emotions and experiences. It can consist of parents, children and other relatives who have a close relationship with each other. The family is the basic unit of society, where moral and cultural values are nurtured and taught, where support and protection are provided, and where children form their personality and social skills. Each culture and society may have its own unique ideas about the family and its functions, but in general, the family is an important part of human life and society.
Divorce in Ukraine is a legal process of termination of the marriage union between spouses. It can be initiated by either spouse if they believe that their marriage cannot be resolved and they no longer wish to remain together. Divorce proceedings may include dividing property, determining child custody, and resolving financial and other issues related to the divorce. Ukraine has relevant laws and procedures regarding divorce, which are governed by the Civil Code and other relevant legislation.
In the context of martial law or a state of emergency in Ukraine, the divorce procedure can be complicated due to possible restrictions on movement, access to courts and other factors that affect the normal functioning of the judicial system. In such situations, it is important to consult professional legal advisors who specialize in family matters for information on the options and procedures for dissolution of marriage under martial law.They will be able to provide specific advice and help in this difficult situation.
Ukraine has its own divorce procedure. According to the Family Code of Ukraine, a marriage can be dissolved in two ways:
According to the joint application of the spouses to the state registration body of acts of civil status:
Both spouses have the right to submit a joint application for divorce to the relevant body of state registration of acts of civil status. This can be done without the need for a court order.
Based on the court decision:
If the spouses cannot reach an agreement on divorce or there are disputes regarding property, child support, etc., the divorce case is considered in court. The court issues a judgment on divorce and can decide other issues related to the division of property, child support, etc.
Here is a general description of this procedure:
Filing a claim:
The first step is to file a divorce action with the court. This can be done by one of the spouses or both together. The lawsuit usually states the reason for the divorce and all other important circumstances of the case.
Consideration of the case in court:
After filing a lawsuit, the case is considered in court. Usually, the court first tries to mediately resolve the conflict, in particular, regarding issues related to property, child support, etc.
Judgment:
If a mediation settlement is not possible, the court issues a decision on divorce. If both parties agree to divorce, the court decides on further property distribution, child support, etc. If the parties do not agree with the court's decision, they can file an appeal.
Registration of the solution:
After the court decision enters into force, it is registered with the relevant state authorities.
It is important to note that there may be specific requirements or procedures for some individuals or in some situations. Therefore, it is recommended that you consult an attorney or legal advisor for specific advice in your situation.
Apply for divorce online through the Electronic Court
Currently, in Ukraine, you can use the Electronic Court, through which you can submit a statement of claim and other procedural documents.
To file for divorce online through the Electronic Court, here is a general description of the steps:
Register on the website of the Electronic Court:
Go to the E-Court website and register with your email. After registration, you will get access to your personal account.
Prepare the documents:
Prepare all the necessary documents for filing for divorce. This may include the application itself, documents proving your identity and any other necessary documents.
Complete and submit an application online:
Log in to your personal account on the Electronic Court website and use the appropriate option to file for divorce. Follow the instructions on the website to fill out the application and add all the necessary documents in PDF format.
Pay the court fee:
Once you have completed and submitted your application, you may be required to pay a court fee. This can be done online on the website of the Electronic Court using electronic payment systems.
Follow the progress of the case:
After successfully submitting an application, you will be able to track the progress of the case through your personal account on the Electronic Court website. You will have access to information about court orders, letters, incoming correspondence and other details of the case.
This process makes filing for divorce convenient and efficient, saving you time and effort.
