Almost everyone dreams of a stable and happy marriage. However, sometimes in the life of families there comes a moment when further joint life is impossible.
Scientists from the Institute of Demography and Social Research. MV Ptuhi of the National Academy of Sciences of Ukraine investigated the reasons that motivate the rupture of relations. In the first place is alcoholism - for this reason, every fifth family breaks up. In 15% cases they part due to material difficulties, in 12% - due to betrayal and jealousy. 5% families break up due to dissatisfaction with sexual relations and as much due to unfavorable housing conditions. About 4% divorces occur due to the inability to have children.
Particular attention should be paid to marriages that already have children. If a child observes domestic violence, drunkenness, quarrels every day, this is an extremely unfavorable environment for upbringing. Is it worth keeping such a marriage?
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"When people break up, it always seems like a tragedy. Meanwhile, the decision to continue living together can be a tragedy. "
If you have decided that divorce is in your life, I will tell you what to do next.
In Ukraine, the divorce process is relatively simple and cheap. Unlike the Vatican, where Catholic doctrine disapproves of the dissolution of Hymenaeus. In the Philippines, the divorce procedure is very complicated and is rarely used in practice and only for Muslims. In the United States, the price of a simple divorce can be as high as $ 30,000. And that's it.
"We thought about what to do: go to the Bahamas or get a divorce. In the end, they decided that the Bahamas was a pleasure for only a couple of weeks, and a good divorce - for life. "
There is an opportunity in Ukraine to dissolve the marriage through the bodies of registration of acts of civil status (registry offices) or in court.
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Divorce through the registry office
Divorce through the registry office - The easiest way.
2 conditions are necessary for divorce:
- Consent of both spouses;
- Absence of minor children.
To dissolve the marriage, it is necessary to apply to the registry office at the place of residence of one of the spouses with the following package of documents:
- A joint statement (I will leave a sample of such a statement here https://goo.gl/kRzhDC);
- Marriage certificate (if not - you can get a duplicate through the registry office);
- Passports;
- Receipt of payment of state duty in the amount of UAH 8.5.
The registrar will not find out the reasons for your divorce and decide the fate of the common property. In 1 month it is necessary to come again and to take away the certificate of divorce. Only one of the spouses can come, if it is indicated in advance in the application.
INAZHNO!
- You can apply to the registry office in the absence of your spouse. The second spouse can fill in their part of the application and certify it with a notary.
- You can get divorced online. You can submit an application in electronic form through a special web portal of the Ministry of Justice of Ukraine in the section "Application in the field of state registration of civil status", but for this you must have an electronic digital signature.
The law allows for the possibility of divorce in an indisputable manner through the registry office, even in the presence of minor children and at the request of only one of the spouses, in two cases:
1. If the other spouse is declared missing;
2. If the other spouse is declared incompetent by a court.
Recognition of a person as missing or incapable is carried out in a separate proceeding through the court.
Divorce in court
It is necessary to file documents for divorce through the court in two cases:
- If there are minor children (under 18);
- If one of the spouses does not agree to the divorce.
Consider the above options in detail.
- Divorce lawsuits at the joint request of spouses who have children. If the other spouse agrees to the divorce, but has minor children - there is an opportunity to resolve the issue faster and easier by way of special production.
Filing an application in a special proceeding significantly simplifies the divorce procedure and frees the spouses from the need to visit the court repeatedly.
The joint application of the spouses for divorce is usually filed in court at the registered place of residence of the defendant. However, if the plaintiff has dependent children, the application can be filed at the registered place of residence of the plaintiff.
Together with the application for divorce spouses who have children file a written contract with the court, which must specify:
- which of them will the children live with,
- what participation in providing their living conditions will be taken by the parent who will live separately,
- conditions of raising children.
If the couple wants to agree about the amount of alimony, it can be done by concluding a contract, but it must be certified by a notary.
The court rules on the dissolution of the marriage upon expiration 1 month from the date of application. Before the expiration of this period, the wife and husband have the right to withdraw the application for divorce.
IMPORTANT!
- in his statement to the court you must specify the last namewith whom you want to stay;
- keep in mind that children who have reached the age of 14 have the right to determine their place of residence after divorce by parents;
- when submitting the application it is necessary to pay a court fee at the rates established by the Law of Ukraine "On court fees" (in 2018 the court fee is 352 UAH);
If the parents have not agreed on the conditions of upbringing and maintenance of the children or one of the spouses does not wish to divorce, the decision to dissolve the marriage can be made only by the court at the request of one of the spouses in the general order.
2. Divorce if one of the spouses does not agree. You can file for divorce on the initiative of one of the spouses, sending a lawsuit in court.
It must be understood that the spouse cannot prevent the dissolution of the marriage, but can only prolong the decision-making process by the court.
The court may also give the parties a period for conciliation, which may not exceed 6 months.
The length of time to consider divorce is also affected by the workload of the courts and the discipline of the parties.
The court decision, after the expiration of the terms for appeal (30 days), is sent to the local registry office for information on divorce in the register. The certificate of divorce in this case is issued, the confirmation of the fact of divorce will be a court decision that has entered into force.
IMPORTANT!
- to divide property in case of divorce it is possible, but not obligatory;
- the issue of alimony it is more expedient to consider separately from divorce;
- only after the divorce the person has the right to remarry;
- woman and man after divorce may change their mind and apply to the court for the resumption of their marriage provided that neither of them was subsequently remarried.
What documents are required for divorce through the court?
- Marriage certificate;
- Copy of the child's birth certificate;
- Copies of parents' passports;
- Divorce claim;
- Receipt of payment of court fees in the amount of 704 UAH (in 2018).
When is divorce impossible?
The marriage cannot be dissolved during the wife's pregnancy and within 1 year from the birth of the child.
Exceptions:
- Illegal behavior in relation to a spouse or child;
- Paternity of a conceived or born child recognized by another person;
- Information about the man as the father of the child excluded from the act record civil status.
Divorce is easy! This is exactly the thought that should remain with the reader of this article. But there are many subtleties and nuances in the legislation. If it is necessary to dissolve the marriage in court - it is better to entrust this matter to professionals.
And, remember, “any end is also the beginning. Sometimes we just don't notice it. ”- Mitch Elbom.
The article is published on League.Blogi
WE WILL CONSULT ON YOUR SITUATION!
- oral consultation by phone, with situation analysis and action plan - 500 UAH;
- detailed written consultation, analysis of the situation and forecast of the court decision - 2000 грн.
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