DIVORCE THROUGH A COURT IN LVIV
In Ukraine, the statistics of divorces are quite disappointing, it is caused primarily by total urbanization, migration and unstable economic situation in the country. The main methods of divorce in Ukraine are the registry office and the court. The first option can be used if the couple has no children and they have agreed to peacefully dissolve the marriage. The second option is more complicated. With the help of the court, you can file for divorce in more complex and confusing situations. For example, when the spouses have common children, common property, no divorce agreement has been reached, the absence of one of the spouses, in the presence of a foreign element, and so on. The only exceptions when the court is powerless are the presence of children under 1 year and the wife’s pregnancy. Each divorce is unique in some way, so it is best to consult with a divorce attorney before arranging a divorce with your spouse.
How to file for divorce through the courts?
An application for divorce is filed with the court of first instance at the place of residence of the spouse. Documents can be submitted in person or by mail. At the initial stage, it is necessary to correctly determine which court should consider the case. The court’s consideration of a divorce case may differ due to the following facts:
- Filing a joint application to the court for divorce.
You can file for divorce in court at the place of residence of your wife and husband. This procedure will be somewhat simplified, as the parties have reached a mutual agreement on divorce, have decided on the conditions of child support and want to end the marriage quickly and peacefully. In this case, the court needs to interrogate the parties, witnesses, find out the conditions of detention of children, the division of property. Such cases are considered according to the rules of a separate proceeding in which only the presence or absence of legal facts relevant to the parties is determined. That is, there is no dispute in the case that needs to be resolved and the parties are adversarial. The parties act together, they do not need to prove their position in court or to each other. To begin this procedure, you must submit to the court office documents relating to divorce through the court: application for divorce (signed by the spouses); the agreement defining the order of maintenance and guardianship of children; marriage certificate.
- Filing a divorce lawsuit unilaterally.
In this case, only lawsuits can be used. The court will consider the case as meticulously as possible to clarify the circumstances of the case and examine the evidence base. The term of consideration of the case directly depends on the correct tactics and strategy taking into account the peculiarities of your situation. For example, if you do not know the place of residence of the defendant or he is a foreigner who lives abroad and does not get in touch, then the court undertakes to search for the defendant through the media. In addition, if a foreigner whose whereabouts are unknown is present in the case, the court may refuse a divorce in Ukraine and recommend that you apply to a foreign court. To avoid such situations, you need to turn to qualified lawyers who will deal with the process from A to Z.
Form and content of the application for divorce
To initiate divorce proceedings through a court in Ukraine, a properly prepared claim / application must be filed with the court office. It is made only in writing and signed by the plaintiff or the applicants (in the case of a joint application for divorce). Any non-compliance with the requirements of the law regarding the form and content entails leaving the case without consideration and returning the claim. The claim must contain:
- Name of the court to which the claim is addressed;
- Name of the parties with their details;
- The content of the claims and the circumstances in which the plaintiff substantiates its claims;
The presence or absence of a similar claim against the defendant and on the same grounds.
List of attached documents.
If the defendant is a foreigner and international agreements provide for Ukraine’s cooperation with such a state, the court may return the claim and order the plaintiff to translate it into a foreign language for transmission to the defendant. This course of the case is long-lasting and it is impossible for Ukrainian lawyers to influence the development of the case. An application for divorce by mutual consent must contain similar requirements, except that the parties are both applicants. The annexes must also include a notarial agreement on child support, an agreement on alimony, etc. Many sample applications are freely available, but each situation is unique, so we do not recommend using templates.
Terms of divorce through the court
When estimating the time frame of a divorce, you should proceed from the specifics of your situation. It takes about two to three months to divorce from start to finish. This is due to the complexity of the case, the workload of judges, the amount of evidence to be examined by the court, the presence and consent of the parties. Particularly complex divorce cases can be heard for more than 3 months in total. Adherence to clear algorithms and court tactics can optimize and reduce the time to resolve a dispute. Only qualified lawyers can assure you of all risks and obstacles that may arise in the course of the case.
How much does a divorce through the court cost?
The cost of the court fee is not set by the court hearing the case, but is constant for a specific type of court case. It is possible to calculate the cost and generate a receipt on the official website of the specific court to which you will apply. In 2020, the cost of the application fee is 0.4% of the subsistence level, which in monetary terms is UAH 840.80. The cost of legal aid for lawyers depends on the complexity of the case and the amount of time spent on its resolution.