Judicial divorce with dispute

Divorce through the court with an existing dispute

The family is one of the institutions of modern society. However, the number of marriages every year may well compete with the number of divorces. Moreover, the divorce procedure is usually characterised by diplomacy and is often accompanied by lengthy litigation between the spouses. When it is impossible to preserve the family and it is not possible to reach an amicable divorce without a court, it is important to know how divorce in Ukraine is conducted in accordance with the current legislation and how the judicial authorities resolve such disputes.

Under what conditions is the service for divorce through the court with an existing dispute provided?

In order for the service to be provided correctly and effectively, it is important to adhere to several key conditions:

• The absence of consent of one of the spouses to divorce or to the division of property, alimony, child support, etc.
• The presence of documents confirming the fact of marriage, the presence of joint property, children (marriage certificate, birth certificates of children, property documents).
• A clear definition of the requirements for the court, such as the division of property, the place of residence of children, the procedure for alimony, maintenance.
• The absence of legal obstacles to divorce, such as the incompatibility of the stated requirements or court injunctions.

Compliance with the specified conditions allows for a divorce to be carried out correctly, taking into account all legal aspects and interests of both parties.

Do I need a lawyer for a divorce through the court and an existing dispute?

If you are planning to divorce in court, it is essential to consult a divorce lawyer, as the procedure is much more complicated than an out-of-court one. The reason for this is that resolving disputes through the judiciary is a lengthy and complex process that requires preliminary collection of documents and organisation of measures to divide property, custody of joint children, and other issues related to cohabitation. Therefore, first of all, a divorce lawyer explains the following:

If the spouses have children together, the divorce application is filed with the court of alternative jurisdiction. The procedure requires strictly filling out the documentation and presenting a passport, a certificate confirming the marriage and the birth of children (if any).

The best divorce lawyer should inform his or her client that, if necessary, a letter of appeal can be sent to the spouse regarding a voluntary divorce through the registry office. If the spouse agrees, the procedure is carried out in the standard manner upon submission of a joint application. If the spouse does not agree to a mutual dissolution, the divorce lawyer is obliged to analyse the circumstances of the case, prepare a legal justification and, based on the case law, write a statement of claim.

Features of drawing up and registering a claim

A divorce lawyer in Kyiv or another city of Ukraine first of all indicates to the client that the statement of claim is filed by the spouse who initiates the divorce proceedings. The plaintiff may also mention in the document whether there is a dispute about the procedure for raising and maintaining children. Another aspect that must be established by any court is the existence of a property dispute. Therefore, when a lawyer is consulted on divorce proceedings, it is explained to the plaintiff that he or she may indicate in the application that there is a specific property dispute or request that this issue be considered in existing proceedings. The application must be submitted together with the documents in 2 copies - for the court and the other spouse-respondent. If it is not possible to hand the document to the defendant in person, it is sent by post. Alternatively, 3 copies may be prepared, in which case the plaintiff retains the third.

Before starting the proceedings, the family divorce lawyer will definitely tell you that you need to pay the statutory court fee. In paper form, a receipt confirming payment is also attached as an annex to the statement of claim and submitted to the court. It should also be borne in mind that in some cases (any competent lawyer will tell you about this), divorce will not be considered by the court. The Family Code stipulates that the divorce process is not conducted in court in the following cases:

• Pregnancy of the spouses.
• During the first year of life of a joint child.
• The only exception is when one of the spouses is accused of illegal acts related to the Criminal Code, when a crime has been committed against the spouse or a common child.

So before filing for divorce, it is worth considering the above points.

What do divorce lawyer services provide?

Compliance with current legislation.

The procedure is established by the norms.

Filing an application at the place of residence of the plaintiff spouse (when the applicant has children in his/her care.

The cost of a divorce lawyer's services

It is important to consider that when there are children in a marriage and there is a dispute about their place of residence, upbringing and maintenance, the main problem that must be resolved by the court is the dispute about the division of property between the spouses and the issue of the procedure for raising and financial maintenance of the children. The court also clarifies the actual relationship between the spouses in order to prove the truth of the reasons for the divorce. Therefore, the assistance of a lawyer in a divorce primarily consists in the timely presentation of evidence and evidence confirming the legality of the husband-plaintiff. It is not surprising that many people are interested in how much a lawyer's services cost in a divorce. The final price can be influenced by many factors, for example: the duration of the trial or the complexity of the division of property and the presence of children.