"When people get divorced, it always seems like a tragedy. Meanwhile, the decision to continue living together can be a tragedy. "
How to quickly dissolve a marriage during martial law? In Ukraine, the divorce process is relatively simple and cheap. In contrast to the Vatican, where Catholic doctrine does not approve of breaking the bonds of Hymenaeus. In the Philippines, the divorce procedure is very complicated and in practice is extremely rare and only for Muslims. In the USA, the price for a simple divorce can reach up to $30,000. Looking at such significant costs, one can only "envy" men in countries where Islam is respected - sometimes it is enough for them to say "talyak-talyak-talyak" in the presence of two witnesses to get a divorce. And that's all.
"We thought about what to do: go to the Bahamas or divorce. In the end, it was decided that the Bahamas is a pleasure for only a couple of weeks, and a good divorce - for life. "
In Ukraine, it is possible to dissolve a marriage through civil registry offices (authorities RATS) or in in court.
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 divorce, you must 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.
RATSU employees will not find out the reasons for your divorce and decide the fate of the joint property. In 1 month it is necessary to come again and to take away the certificate of divorce. One of the spouses can also come, if it is stated in advance in the application.
IMPORTANTLY!
- You can apply to the Registry Office in the absence of your spouse. The second spouse can fill in his / her part of the application and certify it with a notary.
- You can divorce online. You can apply in electronic form through a special web portal of the Ministry of Justice of Ukraine in the section "Appeals in the field of state registration of civil status acts", 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 spouse, in two cases:
- If the other spouse is declared missing;
- 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 submit 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 divorce.
Consider the above options in more detail.
- Divorce claims on the joint application of a couple who has children. If the other spouse agrees to divorce, but has minor children - it is possible to resolve the issue faster and easier in a separate proceeding.
Filing an application in a separate proceeding significantly simplifies the divorce procedure and exempts the spouses from the need for multiple court visits.
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, a spouse who has children submits a written agreement to the court stating:
- which of them will the children live with,
- what part will the parent who lives separately take part in providing for their living conditions,
- conditions for raising children.
If the couple wants to agree on the amount of alimony, it can also be done by concluding a contract, but it must be certified by a notary.
The court decides on the divorce after the expiration 1 month from the date of application. Until the expiration of this period, the wife and husband have the right to withdraw the application for divorce.
A lawyer will help you divorce quickly
IMPORTANTLY!
- in his statement to the court you must specify the last name you want to stay with;
- keep in mind that children who have reached 14 years of age have the right to determine their place of residence after divorce by parents;
- when submitting an 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 UAH 352);
If the parents have not agreed on the conditions of upbringing and maintenance of the children or one of the spouses does not want to divorce, the decision on divorce can be made only by the court on the application of one of the spouses in the general order.
2. Divorce if one of the spouses does not agree. You can divorce on the initiative of one of the spouses by filing a lawsuit.
It is important to understand that the other spouse cannot prevent the divorce, but can only delay the decision.
The court may also give the parties a period for conciliation, which may not exceed 6 months.
The length of the divorce proceedings is also affected by the workload of the courts and the discipline of the parties to the proceedings.
The court decision, after the expiration of the terms for appeal (30 days), is sent to the local registry office to enter information about the divorce in the register. Certificate of divorce in this case is not issued, confirmation of the fact of divorce will be a court decision that has entered into force.
IMPORTANTLY!
- it is possible, but not obligatory, to divide property during divorce;
- the issue of alimony should be considered separately from the divorce;
- only after the divorce does the person have the right to remarry;
- after a divorce, a woman and a man may change their minds and apply to the court for their marriage to be renewed, provided that neither of them has been remarried since then.
What documents are required for divorce through the court?
- Marriage certificate;
- Copy of the child's birth certificate;
- Copies of parents' passports;
- Divorce statement of claim;
- Receipt of payment of court fees in the amount of 704 UAH (in 2018).
When is divorce impossible?
Divorce is not allowed during the wife's pregnancy and for 1 year from the birth of the child.
Exceptions:
- Illegal behavior towards the other spouse or child;
- The paternity of a conceived or unborn child is recognized by another person;
- Information about the husband as the child's father is excluded from the civil status record.
Divorce is easy! This is exactly the opinion that should remain in the reader of this article. But there are many subtleties and nuances in the legislation. If you need to divorce through the courts - 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 Elb.
The article is published on League.Blogi
