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Ways of divorce in Ukraine. When should you hire a divorce lawyer?

Ways of divorce in Ukraine. When is it worth hiring a lawyer for divorce ?

Many families are experiencing crisis moments in relationships. Unfortunately, not everyone manages to save the marriage. Divorce is a difficult phase. What to do if you still decided to dissolve the marriage? Complete the whole process yourself? Contact a lawyer or a lawyer for divorce proceedings? Below we will discuss possible ways to terminate marital obligations in Ukraine. We will consider possible options for the termination of family ties, having studied that you can choose the right path for yourself.

We propose to consider the situation "from simple to complex," according to the cost and terms of termination.

RAGS Bodies

The simplest, fastest, and most budget-friendly option to dissolve a marriage is divorce by mutual consent of spouses who have no children (or have adult children). We are talking about people who were able to agree, and do not have property disputes.

Consider this situation on the example of the pair N. The spouses have been married for 5 years. Children do not have. The apartment was acquired in marriage, but there are no property claims (since the former husband left the apartment in the property of the former spouse amicably). This kind of divorce is made in the civil registration authorities. The couple should fill out two applications and at the expiration of the month they will receive a certificate of divorce. Paying the state duty in the amount of 0.5% of the non-taxable minimum income of citizens.

Documents:

  1. Statement
  2. Marriage certificate
  3. Passport
  4. Receipt for payment of state duty

It is allowed to submit a notarized application for divorce, in the absence (for good reasons: a business trip, residing in another place) of one of the spouses who may be filed by a present member of the union.

The bodies of registration of acts of civil status also make a divorce in the following cases when the spouse is recognized as incapacitated or missing. As you can see there is nothing complicated and in most cases there is no need to use the assistance of a lawyer for divorce.

What to do in the event that between the former spouses there are property disputes, or the couple had time to get the children? In this case, disputes are resolved solely by the court and in this situation it is not so easy to do without a family lawyer.

Court:

Disputes are resolved on the claim of one of the spouses who have children, or there are property claims against the former partner.

Special attention should be paid to the period during which a divorce cannot be obtained. This is the period of pregnancy of the wife and the year after the child's birth The exceptions are cases in which one spouse has committed an offense characterized as a criminal offense against the other or the child. A divorce can also be obtained during the pregnancy of the wife, if paternity is recognized by another person.

For a divorce through court, you will need to write a lawsuit. You can, of course, take typical examples, which are numerous on the Internet, but if there are many controversial issues such as property division, it is better to contact a lawyer or a lawyer who will help you write it correctly, take into account all your interests and defend them in court. you will need to pay assistance in drawing up the claim and state duty (0.4 of the subsistence minimum) for filing it. This is the longest journey, and the process can take up to six months or more. A spouse who does not want to dissolve the marriage has the right to ask the court to give a term for reconciliation, which can be appointed up to six months.

If the dispute is of a property nature, you will have to add a payment in the amount of 1% of the price of the claim, but not less than 0.4 minimum wages, but not more than 3 minimum wages. As for the timing of the resolution of property disputes, here the terms depend on the qualifications of your representative and can vary greatly.

Documents:

• Suit
• Child's birth certificate
• Marriage certificate (original)
• Passport
• Receipt for payment of court fees

In the event of a property dispute, the package of documents will differ based on your individual history.

Also, by court decision, you can dissolve the marriage, when both spouses with children came to the conclusion that further preservation of the family is not possible. At the same time, the spouses determined the place of residence of the children and the conditions for their provision, the participation of parents in the life of the children by signing a notarial contract. This document is submitted to the court together with the application of the spouses to dissolve the marriage. The court issues a decision that terminates the marriage relationship.

This option is the fastest and takes about 1-2 months, while, in addition to the state duty, you will have to pay notary fees for drafting the agreement.

Divorce can be poisoned by mutual insults, excessive emotions, property disputes. In our time, the time resource has acquired extraordinary value, and the preparation of procedural documents requires experience and accuracy of the procedure. It is up to you to save money and try to go through this difficult path on your own or to attract a family lawyer who, having studied your story, will offer an option that takes into account all aspects of the client’s interests.

If you do not find your situation reflected in this article or you have additional questions, we will be happy to see you at a consultation in our Law Firm, where experienced lawyers and attorneys will be able to provide you with qualified help.


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