Statistics are an inexorable thing that shows that about 40% of marriages will fail. although the divorce of spouses is not a serious tragedy, and life after it does not end, families who are somehow on the verge of ending the relationship, are little aware of the current divorce realities in our country.
If you have to read this, it means that you need professional legal assistance and wants to find out up-to-date information about what the law says in terms of divorce proceedings. The best option, of course, is to contact a family lawyer who will be able to answer all your questions and help you not to dr in the sea of legislation and its nuances. The lawyers of Kasyanenko & Partners Law Company gladly will help you with this.
The family code of Ukraine provides for two instances for divorce: the civil registry office and the court.
Feature of divorce through the civil registry office
Divorce through the registry office occurs only in certain cases. All these cases are United by the fact that the couple agreed to this step together and in good faith. This option assumes that all the wishes of the parties will be taken into account and the divorce will occur without the risk of infringement of the rights of the husband or wife. The only caveat is that for a divorce through the registry office, the couple should not have children together who have not yet reached adulthood. This option means that the divorce will take place through the court, because only there can you protect the rights of minor children and ensure their normal future.
In what cases does it become necessary to divorce through the court?
Through the court, you can conduct divorce in those families where there are minor children, as the process is critical itself. If the couple has decided on divorce, then before you start filing documents, you need to draw up an alimony agreement that will help regulate the legal component of the financial participation of the second spouse. The contract must necessarily specify the main points of alimony payment. This document must be certified by a notary so that you can file it together with the application for divorce.
The court deals with disputes when one of the spouses does not want to divorce. In this case, it does not matter whether there are children in the family. The court finds out the real nature of the relationship and considers the reasons for divorce. A positive decision will be made if the existing marriage does not meet the interests of at least one of the spouses.
Terms of divorce
The fact is that in most cases, the decision to terminate a marriage is made by the spouses in a special hurry and under the influence of various external factors. Because of this, you can regret in the future that such a decision took place. That is why the legislation of Ukraine provides for a mandatory period for a possible reconciliation of spouses. In the Registry Office, this is given a month, while the court can assign a period of up to six months. In other words, the minimum divorce period is one month. If there are also disputes over the common property during the divorce, then the case may be delayed for a year or more.
What should I do if my spouse doesn’t want to get a divorce?
Situations in which the spouse does not give their consent to divorce are not uncommon in our time. However, such circumstances are not a reason for despair, because in most cases, following the law, the presence of consent is not considered as a mandatory point in the official termination of relations. The most important thing to understand is that family life is based on the voluntary consent of the spouses. This is indicated by both domestic and international legal norms. If at least one of the spouses is against continuing the relationship, then such a marriage simply cannot exist. Refusal to divorce in such cases is considered as forcing a relationship, which cannot be normal.
When can I not get a divorce?
Divorce on the initiative of the husband is not possible if his wife is pregnant or the couple has a child who is under one year old. If paternity has been challenged in court, this rule ceases to apply.
Divorce when a couple doesn’t have children
Childless couples can apply to the civil registry office to terminate their marriage. A quick divorce is carried out by the goodwill of each of the spouses, who have witnessed their decision in writing. If the application is not withdrawn in a month, the civil registry office will conduct the divorce procedure and issue a certificate to the former spouses. If the decision to divorce did not find support in the person of the second spouse, then it is worth filing a lawsuit in court. In this case, the divorce process may last several months.
Divorce when a couple has children
Divorce, when there are children, is a very responsible matter, so you need to think carefully about your decision. If it is final, then you can only get a divorce by a court decision. The duration of the process depends directly on the second spouse. If he agrees to the termination of the marriage, the case will take about a month, but if not, then be prepared for a long trial. In this case, only a good family lawyer can help you.
Recovery of alimony and division of property
The rights of a child should not be infringed after divorce, which is why it is so important to obtain alimony from the spouse so that the child can develop in normal conditions and with proper financial support. If the spouse agrees to provide for the child, then you just need to draw up an appropriate contract, which must be notarized. If there is no such desire, then there is a need to apply to the court to get an order for enforcement.
The division of property after a divorce can be quite lengthy. If there is no agreement with the division of property, we recommend that you file a claim well before filing for divorce. A family lawyer can help you defend your interests in court.
Documents in a divorce
Before you go to the registry office, make sure that you have:
- marriage certificate;
- statement of claim, children’s birth certificate and alimony agreement (if the decision will be taken in court).
The divorce certificate will serve as the final document that confirms the separation of the relationship with the second spouse. It is issued in the registry Office. If the case was considered in court, then it is his decision that will serve as confirmation of the official divorce.