- How to delay a divorce case in court in Ukraine
- How to delay a divorce case in Ukraine?
- Absence in court upon divorce in Ukraine
- Reconciliation deadline as a way to delay the divorce case in Ukraine
- Delay divorce by soliciting third parties in Ukraine
- Filing a parallel action to prolong the divorce in Ukraine
- How to track your divorce case in court in Ukraine?
- Family lawyer on how to delay divorce cases in court in Ukraine
How to delay a divorce case in court in Ukraine
On our website advokat-skriabin.com you can familiarize yourself with the topic: “How to delay a divorce case in court” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.
How to delay a divorce case in Ukraine?
The question of how the divorce case can be delayed in court is relevant in cases where only one of the spouses initiates the dissolution of the marriage. There are several ways to delay a divorce case, each of which does not contradict Ukrainian law. Knowing how to delay a divorce in court, you can react in time and resist these actions.
There are 5 main ways to delay a divorce case:
- Absence from court for good reason.
- Request for a deadline for reconciliation.
- Application for the involvement of third parties.
- Filing a Parallel Claim.
- Transfer of the case from the magistrate court to the district one.
Absence in court upon divorce in Ukraine
Absence at the hearing in case of divorce through the court can delay the trial only if the reason for failure to appear is valid.
In practice, valid reasons include:
- forced departure;
- feeling unwell;
- notice of the place and time of the court session in violation of the rules and time frames;
- emergencies. For example, road accidents, natural disasters, etc.
In this case, special attention should be paid to the exact wording. Keep in mind that a forced departure to the recreation center will not be considered a good reason. While leaving on a business trip, it can be viewed as a valid reason for being absent from court.
The disadvantages of this method of delaying the divorce case include the following.
- An insignificant time for which the divorce process can be delayed. In the case of the second or third absence from the meeting, the divorce will still be made.
- According to the Civil Procedure Code of Ukraine, only one postponement of the hearing is possible for a good reason.
- Mandatory presence of a document confirming the absence of a party.
Reconciliation deadline as a way to delay the divorce case in Ukraine
The provision of time for reconciliation of the spouses occurs if, during the consideration of the case, the representative of the court determines that the preservation of the family is possible.
There may be several reasons for setting aside time for reconciliation:
- lack of valid reasons for divorce;
- the plaintiff’s doubts about the desire to divorce;
- the decisiveness of the defendant in intending to save the family.
Considering that the defendant’s true desire may not be the preservation of family relations, but more selfish goals, for example, the sale of movable or immovable property, a loan, etc., you should know how to respond in a timely manner to the actions of a spouse who wants to delay the divorce by for reconciliation.
Competent behavior will not allow to exclude the provision of a period for reconciliation, but will significantly reduce the duration of this period.
To shorten the period for reconciliation, the plaintiff in the case must:
- be persistent in your desire to dissolve the marriage at the meeting itself;
- bring substantial arguments in favor of the official dissolution of the marriage, for example, if the spouses have not lived together for a long time and do not maintain family relations;
- indicate a violation of their own rights (as a plaintiff), as well as the rights of children when granting a period for reconciliation.
It should be noted that the court’s decision to grant a time limit for reconciliation is legal and not subject to appeal. The term for reconciliation in a divorce does not cancel the case, but only increases the terms of the divorce proceedings.
Delay divorce by soliciting third parties in Ukraine
Another way to delay the divorce proceedings in the opinion of many spouses is to involve third parties in the case. But this is only possible if the significance of the testimony of these people is substantiated.
It is important to know that if third parties do not appear at the meeting, then according to the Code of Civil Procedure of Ukraine, their compulsory presence is not provided (compared to the consideration of criminal cases), and therefore the divorce proceedings will take place without their presence, as well as the postponement of the meeting.
If third parties are involved, whose testimony may significantly affect the course of the case, we recommend that you seek help from a family lawyer. Thanks to his experience, he will be able to respond in time to an unforeseen situation at the very session in court.
Filing a parallel action to prolong the divorce in Ukraine
You can significantly delay the divorce case by filing a parallel statement of claim. It could be a lawsuit:
- on the division of jointly acquired property;
- on the establishment of the place of residence of common minor children;
- on scheduling meetings with a minor child;
- on the recovery of alimony for both the child and the plaintiff;
- on disputing the fact of paternity.
The delay in the divorce process occurs due to the long time spent on determining the living conditions of the spouses, obtaining income certificates, conducting a DNA test, etc.
In order to counteract this way of delaying the case, we recommend at the meeting to focus on the fact that the divorce can take place within the framework of the original case and the availability of information already available is sufficient to dissolve the marriage.
How to track your divorce case in court in Ukraine?
Given that there are a large number of ways to delay a divorce, it will be useful to know exactly where you can track information on your case at the moment.
This will help the site “Judicial Power of Ukraine”, which contains information on each case brought up by a Ukrainian court. All you need to know is the name of the party to the case, which can be either the plaintiff or the defendant, or the divorce lawyer representing the interests of his client. Turning to a lawyer for help, you can be sure that even if your spouse wants to delay the divorce, the chances of doing so are small.
Family lawyer on how to delay divorce cases in court in Ukraine
To effectively resolve the case on how to delay the divorce case in court, you should contact professional family lawyers.
- provide legal advice on family matters;
- will help to determine the best option for solving a family case;
- prepare all the necessary documents;
- accompanies the course of the entire trial.
Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!
If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!
The first step on the road to success in solving a case of how to delay a divorce case in court is to contact good family lawyers!
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