Divorce procedure through the court and the registry office

Divorce procedure through the court and the registry office

Our family lawyers are often asked the following questions: How to dissolve your marriage online? How to get a court decision on divorce? What is the procedure for divorce through a court?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “The procedure for divorce through the court and the registry office” 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.

Divorce through court

According to the legislation of Ukraine, it is impossible to force a person to be in a relationship contrary to his wishes. Unfortunately, in our country there are more and more situations when, having lived together for some time, the spouses decide to file for divorce in court with and without children.

The first thing to think about in such a situation is what exactly is the procedure for ending the marriage

relevant for a specific case, namely, where to file for divorce.

To file for divorce, you need to know that there are only two ways to dissolve a marriage:

  1. Divorce through court with children and without.
  2. Divorce procedure in the registry office.

It is important that the main criterion for determining the order of termination of marriage is two circumstances:

  • common desire to divorce both spouses – divorce by mutual consent;
  • the presence or absence of common minor children – the order of divorce in the registry office and divorce through court with children and without.

However, not in all cases the presence of children determines the order of termination of a marriage. In those families where the children are not joint for the husband and wife, or they have already reached the age of eighteen (that is, the majority), the presence of these children in deciding the issue of the destruction of the social unit does not matter. Therefore, the procedure for divorce in the registry office can be applied.

If at least one of the above two criteria for determining the order of divorce is identified, the order of divorce in the registry office is impossible and all that remains is to file an application with the court and get divorced in court. That is, in the case of common minor children and the lack of consent of both spouses, the divorce procedure takes place exclusively in court.

Divorce procedure through the registry office

The divorce procedure in the registry office, that is, in an administrative manner, is suitable only if:

  • the desire of both the husband and wife to file for a divorce – divorce by mutual consent;
  • the spouses do not have common minor children – the procedure for divorce without children.

The basis for starting the divorce proceedings is a joint application for divorce through the court and through the registry office. The application must be submitted along with the relevant documents for divorce, including a receipt for payment of the state fee for divorce – court fee.

State duty – a financial value levied from citizens for services provided by government agencies. This value is strictly regulated by the legislation of Ukraine.

Is divorce possible unilaterally through the registry office?

Divorce without the mutual consent of the spouses (divorce through the courts with and without children) takes place unilaterally, according to the statement of claim, exclusively through the court.

However, there are exceptions to the rule if a person:

  • recognized as missing;
  • completely incapacitated.

In such situations, for a divorce without the mutual consent of the spouses through the registry office, the consent of the second spouse is not required, and you can submit an application only from one person.

Hence, we can conclude that unilateral divorce without consent can take place not only in court, but the order of divorce in the registry office can be applied.

How to file for divorce unilaterally?

As you know, in case of divorce without the mutual consent of the spouses (if you do not take into account the exceptions), you must go to court to resolve this issue. To do this, you need to legally correctly draw up a statement of claim and submit it to the court. Such a statement will be the basis for divorce in court. Moreover, one should not forget about the accompanying documents required for a divorce without the mutual consent of the spouses. The list of documents can be found in the corresponding section.

Considering that in case of a divorce without the mutual consent of the spouses, the spouse can take various actions that prevent divorce in court, the best solution is to contact an experienced legal specialist – a lawyer in Zaporozhye, who will be able to respond in time to the actions of the other party and help you achieve a divorce without stress and wasting time.

It is the family lawyer who will help you to correctly draw up the application and solve your issue in court without complications and misunderstandings. Turning to a specialist for help, you get the opportunity to file a divorce without the mutual consent of the spouses (that is, unilaterally) as quickly as possible.

Family lawyer in cases of divorce through the court and the registry office

For an effective solution of the case on the order of divorce through the court and the registry office, 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 the divorce procedure through the court and the registry office.

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 resolving a divorce case through the court and the registry office is to contact good family lawyers!

If the article “The procedure for divorce through the court and the registry office” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as about new changes in the legislation of Ukraine regarding the procedure for divorce through the court and the registry office.

Frequently Asked Questions to a Family Lawyer

In what case is divorce possible through the registry office without the consent of the second spouse?
In what case does the presence of children not affect the determination of the order of divorce?
In what cases can a marriage be dissolved without a trial?
Do I need the personal presence of the Client in court?
What documents are needed to initiate family litigation?
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
What is your experience with family affairs?
What is the cost of legal services in your company?
What is the cost of consulting a family lawyer?
Is it possible to pay for your services based on the result of resolving the issue?
Where is your office located and how do you work?

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Checked by Victoria on 23.06.21

ADVEGO

divorce 33 4.15
order 29 3.64
registry office 16 2.01
court 16 2.01
order of divorce 14 1.76 / 3.52
family 14 1.76
divorce court 12 1.51 / 3.02
lawyer 11 1.38
divorce order court 10 1.26 / 3.77
marriage 9 1.13
one-sided 9 1.13
file 9 1.13
child 9 1.13
solution 9 1.13
statement 8 1.01
order of divorce court registry office 8 1.01 / 4.02
divorce court registry office 8 1.01 / 3.02
termination 8 1.01
divorce 8 1.01 / 2.01
family lawyers 8 1.01 / 2.01
registry office court 8 1.01 / 2.01
question 7 0.88
unilaterally 7 0.88 / 1.76
judicial 7 0.88
in court 6 0.75 / 1.51
spouse 6 0.75
legal 6 0.75
availability 5 0.63
file a divorce 5 0.63 / 1.26
divorce registry office 5 0.63 / 1.26
unilateral divorce 5 0.63 / 1.26
agreement 5 0.63

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SKRIABIN
In what case is divorce possible through the registry office without the consent of the second spouse?
This is possible if the spouse is recognized as missing or completely incapacitated.
In what case does the presence of children not affect the determination of the order of divorce?
In those families where the children are not shared by the husband and wife, or they have already reached the age of eighteen (that is, the majority), the presence of these children when deciding on the destruction of the social unit does not matter. Therefore, you can file for divorce at the registry office.
In what cases can a marriage be dissolved without a trial?
It is possible to dissolve a marriage in the Civil Registry Office only in the absence of children and the consent of both spouses. Otherwise, the marriage is terminated by the court.
We will accompany the divorce proceedings in court independently and as soon as possible.
Do I need the personal presence of the Client in court?
No. We value the time of our Clients and accompany turnkey litigations without their participation.
As a result, you receive a court decision that has come into force, which resolves your legal issue.
What documents are needed to initiate family litigation?
For the preparation and submission of documents to the court, only a copy of the Client's passport is sufficient. The rest of the documents, if necessary, are received (restored) by our lawyers.
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
Yes. We will accompany the dissolution of your marriage with a foreigner as soon as possible.
Also, in the absence of one of the parties to the marriage in Ukraine, our lawyers will accompany the divorce proceedings without the participation of the Client and / or his spouse.
What is your experience with family affairs?
Our law firm has been successfully practicing in the legal services market since 2007.
What is the cost of legal services in your company?
The cost of services depends on the complexity and specifics of a particular family business. Our prices are affordable, competitive and always payback for our Clients.
What is the cost of consulting a family lawyer?
Initial consultation is provided free of charge.
Detailed consultation of a lawyer (up to 30 minutes) - from 300 UAH.
Is it possible to pay for your services based on the result of resolving the issue?
Yes. We, unlike other law firms, practice phased payment for services.
The final settlement is only based on the result of the provision of legal services.
Where is your office located and how do you work?
We provide legal services remotely, online and in person at:
69000 Zaporozhye, 91 Cathedral Avenue, office 12 (Landmark: stop "Small Market", cinema "Zirka")
Opening hours: Mon.-Fri. 08-00 to 20-00, Sat. 11-00 to 15-00.
Pre-appointment for a consultation:
+38 (066) 777 37 33
+38 (097) 403 73 05
(Viber, WhatsApp, Telegram)