Divorce through court, registry office

Need a lawyer's help? Call 067 504 42 82 and the lawyers of JSC Novakovskaya and Partners will help you solve your divorce proceedings. If you want to solve this issue on your own, then the article below will help you.

Content:

1. Introduction: ending a marriage

2. Procedure for divorce

3. Application for divorce to the registry office

4. Statement of claim for divorce 2021

5. Grounds for refusal to satisfy the claim

6. Court decision on divorce: entry into force and procedure for appeal

7. What documents are needed for divorce

8. How much does divorce cost

1. Introduction: ending a marriage

Marriage is the institution that governs the relationship between a man and a woman. It is marriage that is considered the only acceptable, socially approved and statutory form.

The legal consequences of divorce consist in the termination for the future of personal non-property and property legal relations that existed between the spouses during the marriage.

However, this is one of the reasons for the termination of the marriage.

According to the current legislation, the grounds for terminating a marriage are:

• the death of one of the spouses or his declaration as deceased;
• divorce;
• if one of the spouses died before the entry into force of the court decision on divorce, it is considered that the marriage ended due to his death;
• if on the day of entry into force of the court decision on the dissolution of the marriage, one of the spouses has died, it is considered that the marriage ended as a result of its dissolution.

2. Procedure for divorce

The marriage can be dissolved due to the following reasons:

• joint application for divorce or one of the spouses;
• at the joint application of the spouses (or at the suit of one of them) on the basis of a court decision.

Pre-trial divorce can be made in the presence of the following circumstances:

• spouses do not have minor children;
• neither spouse objects to the termination;
• is the joint statement of the spouses.

A similar divorce occurs out of court, namely by the registry office at the place of residence of the spouses or one of them.

In this case, the marriage is terminated due to these reasons, even if there is a property dispute between the ex-husband and wife.

Also, an interesting fact in this case is that one of the spouses, who, due to circumstances, cannot personally submit an application, the other of the spouses can submit a notarized application on his behalf.

There are cases when one of the spouses is recognized as missing or incompetent, then the other of the spouses can apply for divorce to the local registry office.

In this case, it is necessary to take an application for divorce, a marriage certificate, a copy of the court decision that one of the spouses is recognized as missing or incompetent.

It should be borne in mind that after the dissolution of the marriage, if there is a desire to restore your premarital surname, then you need to notify the registry office about this in writing upon dissolution of the marriage.

The official record by the registry office will be drawn up after 1 month has passed from the date of submission of the corresponding application and the former spouses receive a divorce certificate.

3. Application for divorce to the registry office

The divorce application will consist of 2 parts, where each of the spouses must complete their part. When filling out such an application, it is not offensive to have an identity document, namely: a passport or passport document.

Also, when submitting such an application to the registry office, you will need to pay a state fee, which is 0.5 nmdg - this is with the mutual consent of the spouses who do not have minor children, or 0.3 nmdg - if one of the spouses is recognized as missing or incompetent.

4. The statement of claim for divorce 2021

It must be understood that if the spouses have minor children or divorce without the consent of one of the spouses, then the procedure for divorce can only be in court.

How to get a court order to divorce your marriage?

Divorce in court is considered by local general courts in the order of action at the place of residence of the defendant, and if minor or minor children are under guardianship, then at the place of residence of the wife or husband, and other valid reasons may also affect this. For the consideration of such a statement of claim, a court fee is paid in the amount of 0.4 of the subsistence minimum per one able-bodied person. To date, the court fee is 840 UAH 80 kopecks.

The court finds out the actual relations of the spouses, the reasons for the claim for divorce through the court, draws attention to the presence of young children and other circumstances of the spouses' life. The court makes a decision on divorce if it is established that this decision will not contradict the interests of the wife or husband, or the direct interests of their children.

The court should facilitate the reconciliation of the parties, considers the case from all sides, because after all, divorce is a very serious step and therefore there is a need to analyze this case.

Also, the dissolution of marriage at the joint application of spouses with children, dissolution of marriage at the request of one of the spouses, if one of his is sentenced to imprisonment, can also be considered in the order of a special claim proceeding. In this case, the court size will be 420 UAH 40 kopecks, which is considered from 0.2 of the minimum subsistence level per one able-bodied person.

In order for the statement of claim for divorce with minor children to be considered in a special procedure, it is necessary to submit a written agreement on the maintenance of the child along with the statement of claim, which will indicate the place of residence of the child after the divorce, with whom the child will live, how he will participate in the upbringing and material support of a parent who will live separately. It must also be remembered that a child who turned 14 at the time of the parents' divorce has the right to independently choose which of the parents he wants to continue living with.

Mandatory documents are annexes to the application for divorce of spouses with children, a child's birth certificate, a marriage certificate, a document confirming the payment of the state fee and the plaintiff's passport.

An interesting fact is that the right to renew a marriage after its dissolution, provided that none of the former spouses was remarried. In this case, at the request of the spouses, indicated in the marriage certificate, the day of the first registration of the marriage. The return of the maiden name in court does not take place, for this you need to contact the civil registration authorities and inform in writing about your intention.

5. Grounds for refusal to satisfy the claim

If the reasons for divorce exist in many variations, then there are few reasons for denying a claim for divorce.

Divorce in court will be impossible if the wife is pregnant or the child is not yet 1 year old. The court gives such time for the parties to make an informed decision, change their relationship, at least try to keep the marriage for a full-fledged family for their child. If the situation does not change with such a period of time when the child turns 1 year old, then already then it is possible to submit an application for divorce to the court.

However, in such cases there are exceptions when the court can separate the couple even with such factors.

The grounds for termination of marriage in this case:

• If one of the spouses has committed unlawful behavior that contains signs of a crime for the second or the child.

This can be confirmed by a statement filed with the police and medical certificates.

• If paternity is recognized by another person during the woman's pregnancy.

This requires a written statement from the real father with the certification of his signature by a notary. You can also file a motion to call a witness who can prove his paternity in court.

• If men, like the father of the child, were removed from the child's birth certificate.

6. Court decision on divorce: entry into force and procedure for appeal

After considering the case, important circumstances that may be relevant to the decision, the court announces the decision to dissolve the marriage.

If the court concludes that the pleasure of applying for divorce will be in the interests of the spouses, their children, and will not violate their property and personal rights, there are grounds for divorce, the statement of claim for divorce really corresponds to the will of the wife or husband, then as a result the marriage will be dissolved.

The term for satisfying such a claim will be counted one month from the date of filing an application for divorce. During this month, the parties have the right to withdraw the application for divorce if they suddenly made an unweighted decision and realized their mistake.

If the moment of divorce by the registry office is the day of registration of the divorce, then on the day when the marriage is considered to be dissolved in court, the following aspects are affected:

• the court's decision to dissolve the marriage;
• entry into force of the decision.

This is influenced by the fact that after the court makes a decision on divorce, the parties are given the right to appeal against this decision before the end of the period from which the decision comes into force.

If this decision is appealed, then the case is sent to the appellate court.

According to the current legislation, the appeal is filed within twenty days after the filing of the application for the appeal. An appeal may be filed without prior submission of an application for an appeal, if the appeal is filed within the time period established for filing an application for an appeal. To find out in what order, through what court and how long an appeal can be filed, you need to look at the decision on divorce of the first instance.

If the deadline is missed and the decision comes into legal force, the parties lose the opportunity to again file a claim in court from the same grounds, as well as to challenge the facts and legal relations established by the court in another process.

7. What documents are needed for a divorce

For divorce through the court, if both parties agree, then with the claim for divorce (in duplicate), you must submit the following documents:

• marriage certificate;
• child's birth certificate;
• receipt of payment of the court fee.

8. How much does it cost to divorce

Divorce through the court will consist of the plaintiff for the costs of the legal assistance provided by the lawyer and the payment of the court fee, which is 0.4 of the subsistence level for able-bodied persons (as of January 1, 2021 - UAH 908.00) for the statement of claim for divorce.

When filing a statement of claim for divorce to the civil registry office, you will need to pay a state fee, which is 0.5 nmdg - this is with the mutual consent of the spouses who do not have minor children, or 0.3 nmdg - if one of the spouses is recognized as missing or incompetent.

Consequently, the amount of divorce, as well as the procedure for terminating a marriage, will depend on many factors that are unique to each case and each family.

If you want to save your time, you can contact the lawyers of JSC Novakovskaya and Partners, who have a great store of experience and knowledge in the field of family law for advice on this issue.

We will definitely help you and will do it as soon as possible!

The author of the material is attorney Yanchuk Anatoly Anatolyevich