Publication date: 02.06.2024
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Divorce process
Divorce is a legal process by which spouses terminate their marital relationship and become legally independent persons. This process can be done by filing a divorce petition or by entering into a divorce agreement between the parties. Different countries may have different procedures and requirements for divorce. This may include the division of property, maintenance of children and other issues related to the further life of separate parties.
Divorce through the court is a procedure by which the court decides to terminate the marital relationship between the spouses. This process can be initiated by one or both parties if they wish to end their marriage. In order to dissolve a marriage through a court, it is usually necessary to file a lawsuit in the appropriate court, where you specify the grounds for the dissolution of the marriage and other details related to the divorce, such as child support, division of property, etc. After the court has considered all the circumstances of the case and discovered all the facts, the court can issue a decision on divorce and resolve all related issues.
Divorce through a court in Ukraine can take place in several ways, depending on the circumstances of the case and the will of the parties:
Divorce by consent of the parties (unilateral application):
If both parties agree to the dissolution of the marriage and they have no disputed issues regarding the further conditions, they can submit a corresponding application to the court. The court can consider this application and, if all the conditions are met, issue a decision on the dissolution of the marriage.
Divorce by mutual consent (joint application):
If both parties agree to the dissolution of the marriage and have a common view of the further conditions (division of property, custody of children, etc.), they can submit a joint application to the court. The court will also consider this application and may issue a divorce decree.
Divorce at the initiative of one party (lawsuit):
In cases where one of the parties wishes to dissolve the marriage and the other does not agree with it or has disputed issues, the first party can file a divorce action in court. The court will consider all the circumstances of the case and make an appropriate decision.
Divorce on special grounds:
In some cases, where there are special grounds such as violence, adultery, etc., one party can sue for divorce on those grounds.
In any of these cases, it is important to have professional legal assistance, as the divorce process through the courts can be complex and require appropriate knowledge and skills.
Preparation of a lawsuit for divorce in Ukraine
Preparation of a divorce lawsuit in Ukraine includes several important steps:
Collection of documents:
Gathering all the necessary documents, such as the marriage certificate, property and children's documents (if any), and any other documents that may be relevant to the family relationship and divorce.
Determination of grounds for divorce:
Establishment of legal grounds for divorce in accordance with the legislation of Ukraine.It can be either a unilateral application for divorce or filing by mutual consent of the spouses.
Writing a claim:
Drafting a statement of claim for divorce. In the statement of claim, all the necessary facts should be noted, the grounds for divorce should be indicated, and the requirements for the divorce should be expressed.
Filing a claim:
After drawing up a claim, it must be submitted to the appropriate court along with all the necessary documents and a court fee must be paid.
Participation in court sessions:
After filing a lawsuit, you may be invited to court hearings where issues related to the divorce will be discussed.
It is important to pay attention to all the details and fulfill all the requirements for the preparation of the divorce action in accordance with the requirements of the legislation of Ukraine. If you have any questions or concerns, it is best to consult an attorney or legal advisor for professional assistance.
If you need help with a divorce action in Ukraine, you can contact a lawyer who specializes in family law. Such a specialist has extensive experience in this field and will be able to provide you with professional advice and assistance in preparing and filing a divorce action. He will be able to advise and assist you in all matters related to divorce, including filing a lawsuit, representation in court, child support, property division, and other issues that arise in the divorce process.
