✅ Which court should you apply for divorce?

Which court should you apply for divorce?

Which court should you apply for divorce in Ukraine?

Our family lawyers are often asked the following questions: When does a divorce occur in court? Is it mandatory to be in court during divorce hearing?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “In which court to file an application for divorce?” 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 and where to file for divorce in Ukraine?

According to the legislation of Ukraine, the basis for divorce is a written application for divorce. In a court divorce, this statement may be:

  • lawsuit (with a one-sided desire to divorce);
  • joint (if both spouses wish to dissolve the marriage).

The completed application must be supplemented with a package of mandatory documents, pay the court fee and file a lawsuit for consideration. The exact court to which the documents must be submitted, that is, the determination of the jurisdiction of the case, is regulated by the Civil Procedure Code (CPC) of Ukraine. Paragraph 3 of Chapter 2 is devoted specifically to the topic of territorial jurisdiction (jurisdiction).

The Code of Civil Procedure of Ukraine divides cases into several categories, depending on the participants in the proceedings. That is why you should be especially careful when determining the jurisdiction for cases:

  • in which a court or judge is a participant in the proceedings;
  • at the place of residence or location of the defendant;
  • at the option of the plaintiff;
  • with the participation of citizens of Ukraine, if both parties live abroad.

Determining exactly where to file for divorce is of great importance, as it can significantly affect the length of the trial. Thus, an incorrect definition of jurisdiction often becomes the reason for an increase in the term for divorce, even in the simplest cases of divorce.

A family lawyer or a good lawyer will help you determine the correct jurisdiction. He will not only tell you which court you need to submit an application to in accordance with the Code of Civil Procedure, but also point out the nuances of your particular case.

Where to file for divorce if you have minor children in Ukraine?

According to Article 27 of the Code of Civil Procedure of Ukraine, a statement of claim against an individual (including in case of divorce) must be filed at the registered place of residence or location of the defendant.

At the same time, it is important to know that there are conditions that allow you to file a claim at the place of residence of the plaintiff.

Clause 2 of Article 28 identifies cases when a claim for divorce can be filed at the registered place of residence or location of the plaintiff:

  • if minor children are on his / her maintenance;
  • the state of health does not allow filing a claim at the place of residence of the defendant.

It should also be noted that if the spouses agree, the divorce case can be considered at the registered place of residence or location of one of them.

Jurisdiction of a divorce case in court between citizens of Ukraine who permanently reside abroad

Determining the court to which you need to go in case of divorce, if both the husband and wife permanently reside outside Ukraine is quite difficult.

According to Article 29 of the Code of Civil Procedure of Ukraine, there are cases when only a judge of the Supreme Court can determine the court. These include court cases in which the parties to the divorce proceedings reside outside Ukraine:

  • are citizens of Ukraine;
  • one of the parties is a Ukrainian (Ukrainian), and the other is a foreigner;
  • one of the parties is a Ukrainian (Ukrainian), while the other does not have citizenship.

Considering one of these cases, the rational solution would be to contact a family lawyer, who will help you take the appropriate measures to correctly determine the jurisdiction, or will do it for you.

Dissolution of a marriage concluded at the embassy (consulate) of Ukraine

There are cases when, being outside their home country, spouses (citizens of Ukraine) register their marriage through the Embassy of Ukraine on the territory of the country where they live. And after returning to Ukraine, the question of divorce arises.

In this case, when determining jurisdiction, it is necessary to be guided by the provisions of the Code of Civil Procedure.

According to Article 27 of the Civil Procedure Code of Ukraine, a statement of claim for divorce is filed at the place of residence of the defendant. At the same time, guided by Article 28 of the Code of Civil Procedure, a claim can also be filed at the place of residence of the plaintiff if:

  • minor children are on its maintenance;
  • the state of health does not allow to go to court at the place of residence of the defendant.

Determine jurisdiction and file for divorce with a lawyer in Ukraine

Considering that each specific case of divorce cannot be considered in a stereotyped manner, special attention should be paid to each stage of the divorce process.

Determining jurisdiction is an important task, the correct implementation of which has a positive effect on the duration of a divorce. However, this is only a small part of what needs to be done to get the desired divorce. This is especially the case when the spouse strongly objects to the dissolution of the marriage.

The help of a family lawyer will be appropriate if your goal is precisely a divorce, and not a divorce proceedings. A lawyer will help you achieve a positive result as soon as possible, even without your personal presence! An agreement on the provision of legal assistance will become the basis for representing your client’s interests in court, both if you are a plaintiff and when you are a defendant.

Family Divorce Lawyer in Court in Ukraine?

To effectively resolve a divorce case in court, you should contact professional family lawyers.

Divorce lawyer:

  • 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!

Contacting us is a way to save time and money in resolving the issue of divorce in court.

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 a divorce case in court is to contact good family lawyers!

If the article “In which court to file an application for divorce?” was useful to you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as new changes in the legislation of Ukraine regarding divorce in court.

Useful site materials advokat-skriabin.com:

  1. Divorce without registration and registration
  2. Husband, wife, children before and after divorce
  3. How to Choose a Good Divorce Lawyer or Lawyer
  4. Dissolution of a marriage registered abroad in Ukraine
  5. Errors in court and registry office documents in case of divorce
  6. How to delay a divorce case in court
  7. Certificate (statement) on marital status in Ukraine
  8. Law on divorce in Ukraine
  9. Procedure for termination of marriage
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