Publication date: 09.06.2024
Divorce: procedure, consequences and court practice
Introduction
Divorce is a complex and important process that has significant legal, emotional and social consequences for both parties. In Ukraine, the procedure for divorce is regulated by the Family Code of Ukraine and other legal acts. In this article, we will analyze the main aspects of the divorce procedure, its consequences and court practice.
The procedure for divorce
Spousal consent to divorce
The divorce procedure depends on whether both spouses agree to the dissolution of the marriage. There are two main mechanisms:
Divorce by consent of the spouses:
- If the spouses do not have minor children together, they may file a joint application for divorce with the civil registry office.
- The Civil Registry Office dissolves the marriage within one month from the date of filing the application.
Divorce through the courts:
- If the spouses have minor children together or if one of the spouses does not agree to the divorce, the divorce is dissolved through a court.
- One of the spouses files a lawsuit for divorce.
- The court considers the case and decides on the divorce.
Statement of claim for divorce
A statement of claim for divorce must contain the following information:
- Name of the court to which the application is filed.
- Data of the plaintiff (the one who files the application) and the defendant (the other party).
- Justification of the reasons for divorce.
- Information about joint minor children (if any).
- Claimant's claims for divorce, division of property, determination of children's place of residence, alimony, etc.
Court proceedings
The court considers a divorce case taking into account all the circumstances:
- He listens to both sides and their arguments.
- Takes into account the interests of joint minor children.
- May order measures to reconcile the spouses, if possible.
Consequences of divorce
Legal implications
Dissolution of marriage:
- Once the court decision enters into force, the marriage is considered dissolved. The registry office issues a certificate of divorce.
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Distribution of property:
- Property acquired by the spouses during the marriage is subject to division into equal shares, unless otherwise provided by the marriage agreement.
Alimony:
- The court determines the amount and procedure for collecting child support. One of the spouses has the right to receive alimony in his or her favor if he or she is incapacitated or in need of financial assistance.
Social and psychological consequences
Impact on children:
- Divorce can have a significant impact on the psychological state and development of joint children. The court takes into account the interests of the children when deciding on their place of residence and the procedure for communicating with their parents.
Emotional state of the spouses:
- The process of divorce is often accompanied by stress and emotional difficulties for both parties. It is important to have support from family and friends and, if necessary, psychological help.
