Judicial divorce

Divorce in Ukraine

The family is one of the institutions of modern society. However, the number of marriages each year may well rival the number of divorces. Moreover, the divorce procedure is usually diplomatic and is often accompanied by long legal disputes between the spouses. When it is impossible to save the family and it is not possible to reach a peaceful divorce without a court, it is important to know how the dissolution of marriage takes place in Ukraine according to the current legislation and how the judicial authorities resolve such disputes.

When You Need a Divorce Lawyer: Divorce Through Court

If you plan to divorce in court, the advice of a divorce lawyer is absolutely necessary, since the procedure is much more complicated than out-of-court. This is explained by the fact that the resolution of disputes through judicial bodies is a long and complex process, which requires the preliminary collection of documents and the organization of measures regarding the distribution of property, the custody of joint children, as well as the resolution of other issues related to cohabitation. Therefore, first of all, a divorce lawyer explains the following:

If the spouses have joint children, the application for divorce is submitted to the court at the place of residence of the spouse or spouses. The procedure requires strict filling out of documentation and presentation of a passport, a certificate confirming marriage and birth of children (if any).

The best divorce lawyer should inform his client that, if necessary, a letter of appeal can be sent to the husband for a voluntary divorce through the RATS authority. If the husband (wife) agrees, the procedure is carried out in the standard manner when presenting a joint application. If the husband (wife) does not agree to a mutual termination, the divorce lawyer is obliged to analyze the circumstances of the case that has arisen, prepare a regulatory and legal justification and, based on judicial practice, write a statement of claim.

Divorce in Kyiv and Ukraine: nuances of drafting and registering a claim

A divorce lawyer in Kyiv or another city of Ukraine first of all points out to the client that the claim is filed by the husband who is the initiator of the divorce process. Also, the plaintiff can mention in the document whether there is a dispute about the order of upbringing and maintenance of children. Another aspect that must be established by any court is the existence of a property dispute. Therefore, when consulting a lawyer regarding the divorce process, it is explained to the plaintiff that he can indicate in the application the existence of a specific property dispute or require that this issue be considered in the existing proceedings. The application is submitted together with the documents in 2 copies — for the court and the second respondent husband. If it is not possible to give the document to the defendant in person, it is sent by mail. Also, 3 copies can be prepared, then the third remains with the plaintiff.

Before starting the proceedings, the family divorce lawyer will definitely tell you that you need to pay the court fee established by law. In paper form, a receipt confirming payment is also attached as an appendix to the statement of claim and submitted to the court. It should also be taken into account that in a number of cases (any competent lawyer will tell you about this), divorce through the court will not be considered. The Family Code establishes that divorce proceedings shall not be held in the following cases:

• Spouse pregnancies.
• During the first year of the common child's life.
• The only exception is the situation when one of the spouses is accused of illegal acts related to the criminal code, when a crime was committed against a spouse (wife) or a common child.

Therefore, before starting the process, you should pay attention to the above points.
 

What Divorce Lawyer Services Include

Divorce at the initiative of one of the parties is the most common practice in judicial legislation. Practice shows that in these situations the services of a divorce lawyer are needed, since the main tasks of a specialist are the correct preparation and submission of an application to the court at the place of registration of the defendant:

1. In accordance with the current legislation.
2. In accordance with the rules.
3. Within the established timeframe.
    

However, there are exceptions, these are situations when the applicant has dependent children under 18 years of age. In this case, the claim may be filed at the place of residence of the plaintiff spouse.

What does a lawyer for divorce and division of property indicate in a statement of claim

A divorce lawyer is obliged to indicate certain mandatory information in the statement of claim:

When the marriage was concluded.

For what reasons the marital relationship was terminated. For example, the parties do not live together or other reasons are indicated, due to which the marriage cannot be dissolved according to the current legislation.

The plaintiff's claims.

Cost of services of a divorce lawyer

It is important to take into account 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 should be resolved by the court is the dispute about the division of property between the spouses and the issue of the order of upbringing and financial maintenance of the children. Also, the court finds out the actual relationship between the spouses in order to prove the truth of the reasons for the divorce. Therefore, the help of a lawyer during a divorce consists, first of all, in the timely presentation of evidence, and the evidence confirming the legality of the husband-plaintiff. It is not surprising that many are interested in how much a lawyer's services cost in divorce. Many factors can affect the final price, for example: duration of the trial and the complexity of property division and the presence of children.