Very often the divorce process is negative, because it can be unpleasant for the couple. Therefore, the legislator made efforts to ensure that this action took place as quickly and conveniently as possible. However, when a foreign national is involved in this process, there may be some difficulties, so you may need the help of a lawyer.
Of course, in many cases you can easily cope without professional help. However, practice shows that in most cases you will not be able to divorce quickly without qualified help. After all, there are very different situations and important details that should be emphasized when building a case. In order to avoid lengthy litigation and unnecessary costs, our company offers you to use the knowledge and many years of experience of our lawyers in family disputes involving foreign nationals.
Ways to divorce in one day
Comparing the practice of divorce in foreign countries and Ukraine, we can say with confidence that this procedure is quite fast in our country. In Ukraine, divorce can be issued faster, including with the participation of a foreigner, possibly in several ways:
- Through the registry office at the request of the spouses (marriage without children).
- Fast divorce through the courts (marriage with children).
- Through foreign courts (if the party is a foreigner and the personal right of the spouses is foreign law).
A quick divorce if you are married with children
There are situations when a husband and wife make decisions when they have children together. In this case, divorce through the registry office is not possible. The only option is a court. The trial should last no more than one month from the first hearing on the merits. However, this period can actually be much longer. The court is obliged to begin consideration of the case on the merits no later than 60 days from the date of the opening of the proceedings. Fortunately, divorce can be accelerated by using certain advocacy tactics and strategies. Also, a big plus will be if the couple agrees with whom the children will stay and will not interfere with the trial by procrastination.
If one of the spouses is a foreigner, a quick divorce will be even more difficult. In addition to all the above, the court will additionally search for a foreigner (if he is not in Ukraine), and the plaintiff must argue why the Ukrainian court should consider this case of divorce. The court usually decides this in favor of the law of the state where the spouses had their last joint residence, if one of you still lives there.
Documents required for a quick divorce in Ukraine
The state registration of divorce is carried out at the place of residence of one of the married couple. To do this, you will need to have the following documents:
A written application for divorce of a spouse who does not have children (it does not have to be filed together, you can file it without the presence of a husband / wife, subject to her notarization).
Marriage certificate (original).
Passport of a citizen of Ukraine, passport document of a foreigner or a document certifying a stateless person, a certificate of permanent or temporary residence or another document.
All the documents listed above are submitted to the court, as well as the statement of claim, in which it is necessary to correctly and comprehensively justify to the court its position and the applicable law.
The result of the submission of documents
The state registration of the submission of a joint application takes place after one month from the date of submission of such application, if it has not been withdrawn by any of you. This will require your presence in the department, with or without your husband / wife. The registry office department draws up an act of termination of marriage, and today the stamp in the passport is no longer affixed. In case of submitting a joint application to the court, it is also considered after a month, after which it is immediately sent to the Registry Office for registration. Finally, you receive a divorce certificate. If you have filed a lawsuit in court, the case will not exceed 2 months, and the decision will be sent for registration at your place of residence.
What is the cost of a quick divorce in Ukraine?
The cost of a quick divorce depends on whether the couple has children. If they have – the cost will be much higher, as you need to go to court. If they don`t have children – the procedure is simplified through the registry office, where you need to pay a state fee and fee for the application. Then you submit documents and you will then be given a day to appear to register and issue the certificate. If, for good reason, you are unable to visit the department on this day, you have the option of postponing this date to a written request, provided that such delay does not exceed one year.