Divorce through court: what do you need to know before starting the legal process?

Divorce through the courts is a procedure for ending a marriage that is used if there are children together or if one of the spouses does not consent. The court considers issues of property, custody, and alimony.

Divorce through the court is a legal procedure necessary in cases where the spouses cannot dissolve the marriage in the registry office. Divorce through the court is regulated by the Family Code of Ukraine and includes several stages. A lawyer or family lawyer can help with each of them.

What to do if the husband is against the divorce?

If one of the spouses does not agree to the divorce, you can file a lawsuit for divorce on your own initiative. The court is obliged to consider the case and has the right to dissolve the marriage without the consent of the other spouse. After filing the divorce documents, the court opens the proceedings, summons the other party and finds out their position.

Previously, courts could set a period of reconciliation from three to six months, but today this practice is rare. In most cases, if one of the spouses insists on a divorce, the court makes a decision to dissolve the marriage, even if the other is categorically against it.

What should be the grounds for a divorce through the court?

To file for divorce through the court, serious grounds are not required – the desire of one of the spouses to end the marriage is enough. The law does not require a detailed explanation of the reasons for the divorce. The statement of claim formally indicates various formulations: “the feelings of love between the spouses have been lost”, “the spouses no longer run a joint household”, “they do not live together”, “there is no physical intimacy”, etc. Although the court may be interested in the details, it is not necessary to explain the reasons in detail.

How does the divorce process work in Ukraine?

The divorce procedure in Ukraine includes several steps. The parties can participate in each of them independently or transfer their rights to a lawyer. The main stages of a divorce through the court:

1. Filing an application. One of the spouses files a lawsuit with the court with a justification for the divorce.
2. Preliminary hearing. The court considers the documents, clarifies the positions of the parties.
3. The main court hearing. The details are analyzed, the evidence is considered, a decision is made.
4. Decision-making. The court makes a decision on the dissolution of the marriage.
5. Registration of the divorce. After the decision enters into force, the marriage is officially terminated, and this decision is a document on the dissolution of the marriage, a certificate from the Civil Registry Office is not issued.

If there are children or property disputes, the process may be delayed and include several meetings.

What role does a lawyer play in a divorce through the court?

Divorce lawyers help to avoid mistakes and speed up the divorce process as much as possible. The main task of a lawyer is to correctly draw up a statement of claim, since the court imposes strict requirements on its form. The document must contain all the necessary details, a list of attached papers, as well as confirmation of payment of the court fee. Errors at this stage lead to the court returning the application for revision, and the process is delayed for weeks or even months.

In addition, a lawyer represents the interests of the client in court if he cannot be present, including resolving issues in disputes about the division of property and rights to children. The cost of a divorce through the court with the help of a lawyer depends on the complexity of the case.

How are issues regarding children resolved during a divorce?

Divorce through the court in the presence of children requires mandatory consideration of issues regarding the child’s place of residence, the procedure for communicating with each parent, as well as the issue of alimony. The court takes into account the interests of the child, his age, attachment to each parent and the conditions for upbringing. If the parents cannot agree, the court makes a decision based on the conclusion of the guardianship authorities, psychological examination and other evidence.

How is property divided in a court divorce?

Divorce often entails the division of jointly acquired property. The court takes into account what property was acquired during the marriage, and in some cases, the financial contribution of each. During a divorce, all property acquired by the spouses is subject to division, regardless of who it is registered to. This includes real estate, vehicles, land, intellectual property, business, household appliances, jewelry. By the way, debts and loans can also be divided between spouses.

Personal property, gifts and inheritance, as well as professional objects, with the exception of very valuable ones, are not subject to division.

How long does a divorce through the court last?

The terms of divorce depend on the circumstances of the case. On average, a divorce through the court in Ukraine takes from one to six months. If both spouses agree, the process is faster. In disputes over children, property or alimony, the proceedings can take six months or more.

When it comes to a divorce through the court, the terms also depend on the workload of the court itself. To speed up the process and avoid mistakes, it is better to contact an experienced lawyer who will help prepare documents, protect interests in court and will monitor the progress and timing of the case.

How to avoid long court proceedings in divorce cases?

In order for the divorce process to go quickly, it is important to immediately correctly draw up the application, collect all the necessary documents, pay the court fee and submit the application to the court without errors. A lawyer who knows all the legal nuances helps to speed up the divorce. He can not only correctly submit the documents, but also speed up the appointment of the meeting by sending the summons to the defendant himself (this is allowed and welcomed in court).

The lawyer also controls the process: calls the court, clarifies the status of the case, and if necessary, personally visits the office. If everything is done correctly, the trial takes the minimum possible time.

The “Electronic Court” system also operates in Ukraine, through which divorce is processed more easily. Yes, a divorce application can be filed online. However, to use this service, you must have an electronic signature and understand the nuances of online litigation. Divorce lawyers also help with these aspects.

Martial law is not an obstacle to divorce. Therefore, divorce in Ukraine in wartime takes place in the same terms as in peacetime. Also, the residence of one of the spouses abroad or being in military service is not an obstacle to divorce. Divorce in this case is carried out through a lawyer who has a power of attorney from the client.

How to appeal a court decision in a divorce case?

If one of the parties disagrees with the court’s decision on divorce, it can be appealed by filing an appeal. This is a statement that sets out the arguments for disagreement with the decision and demands that it be overturned.

An appeal is filed with the court of appeal in person or by mail. After that, the court of first instance transfers the case to the court of appeal, which sets a date for consideration. If the court of appeal finds errors in the decision of the first instance, it can cancel it and issue a new decision. As a rule, divorce decisions are rarely appealed, since there are practically no grounds for their cancellation.

Appeals are most often filed in cases where the court sets a deadline for reconciliation, which can delay the process. In this case, the court of appeal can cancel this decision and complete the divorce process without waiting.

What are the possible difficulties in a divorce through the court without a lawyer?

Filing a divorce on your own can lead to a number of difficulties and delay the process. The main problems that arise during the divorce process are as follows:

• error when filing an application with the court. Often people are confused about which court to file documents with: at the place of residence of the plaintiff, defendant or place of marriage registration. If the application is sent to the wrong court, it is sent to the right instance, which takes several weeks. This increases the time for considering the case;
• incorrect application. If the details are incorrectly indicated in the divorce claim, all necessary documents are not attached or the court fee is not paid, the court will refuse to accept the application or return it for revision. This means that you will have to re-file the corrected document, wasting time;
• delaying the legal process without timely control. Without a lawyer, a person may not be able to control the progress of the case, not learn about the scheduled meetings and not respond to the court’s requests in a timely manner;
• unconvincing arguments presented in court. Without a lawyer, it is more difficult to defend your position, especially if the emotional state during the divorce affects. As a result, the judge will postpone the court hearings or may set a deadline for reconciliation, which will delay the dissolution of the marriage.

Therefore, it is better to involve a lawyer who helps to avoid mistakes and speed up the divorce case.

What documents are needed for a divorce through the court?

The main document for filing a divorce through the court is a statement of divorce. When issuing a decision, the court must clearly know the necessary details: passport data, addresses and identification codes of the parties. Although there is no formal requirement, it is advisable to attach copies of passports, codes and the original marriage certificate to the statement.

What questions are asked in court during a divorce?

Questions are asked in court during a divorce in order to make sure that the spouses really want to end the marriage. The judge may ask: “Are you sure of your decision?”, “Is there no desire to reconcile?”, “What are the reasons for the divorce?” It is important to answer in such a way that the judge has no doubt that the person is sure that he wants to divorce. And then the judge may suggest writing an application for consideration of the case without the participation of the parties. If both parties agree, the court automatically makes a decision.

How long after the court decision can you get a divorce certificate?

The court decision on divorce comes into force one month after the decision is made, unless an appeal is filed. If the divorce is formalized through the court, the document on the dissolution of marriage is the court decision, the divorce certificate is not currently issued. The divorce decision must be submitted to the Civil Registry Office by the court, but in practice this often does not happen. It is better to take a copy of the decision to the Civil Registry Office yourself to make the appropriate entry about the divorce in the Register of Civil Status Acts.