How to file for divorce

If expectations of family life are not met, it is useful to learn how to file for divorce, what documents are required, and most importantly, where to do it. The last point is key: if the couple has no disagreements on property issues and no minor children, you can apply to the registry office. Otherwise, only through the courts, especially if one of the spouses is against divorce.

What documents are required for divorce

A minimum package of papers is required to submit an application to the Civil Registry Office. How to get a divorce? In case of personal application, you must provide:

• marriage certificate;
• original passports and taxpayer registration number;
• a receipt for payment of the state duty or a document on exemption from its payment.

If one of the spouses is absent during the filing of the application, a notarized power of attorney for the representative or a document on the procedure in the absence of the defendant is required.

How long does the divorce process take

The final terms of divorce depend on where you file for divorce. If you apply to the registry office, the certificate will be issued in 1 month. This period provides for the possibility of reconciliation of the couple, during which you can withdraw the application.

In court, the case may take up to six months to be considered, which is usually due to the lengthy settlement of property disputes that have arisen.

How to file for divorce online

You can apply for marriage registration through Diia, which greatly simplifies the process. However, divorce is a bit more complicated. How do you get a divorce if you can't personally apply to the state authorities? The Electronic Court will help in this case. The process includes several main stages:

1. Register on the site by providing your email address.
2. Log in to your Personal Account with a digital signature (including via Diia.Signature).
3. Fill out a statement of claim.
4. Attach the required documents in PDF format.
5. Pay the court fee.

How to get a divorce online? At the moment, it is not possible to go through the entire process remotely - you can only submit an application and further track all information on the case. Notifications will not only be available in the Personal Account, but will also be duplicated by e-mail.

If you cannot attend the court hearing in person, you can do so through an authorized representative. How to obtain a divorce certificate in this case? You can submit a request on the official Diia portal and receive a duplicate of the document by mail or at the nearest State Civil Registration Office.

How to file for divorce in court

If a married couple does not come to a common decision on their own, the issue will be resolved in court. This is also a mandatory requirement if there are minor children. Where to file for divorce? The choice of court depends on a number of conditions:

• according to the law, the defendant must apply to the state body at the place of residence, stay, permanent place of work or registration of his property;
• If there are minor children, for health reasons or other documented valid reasons, the plaintiff may apply to the court at his or her place of residence or domicile.

How to divorce a spouse who is not a citizen of Ukraine? In this case, the decision will be made by a judge of the Supreme Court alone.

Procedure for special proceedings

This option is relevant for couples with minor children. The following conditions must be met:

• voluntary desire of both spouses;
• no property disputes;
• agreement on further residence and upbringing of children.

What do you need to file for divorce in a separate proceeding? A joint application of the spouses and their identity cards. In this case, the court will not find out the reasons that led to the divorce, nor will it take measures aimed at reconciling the couple. A decision will be made within one month after the application is filed.

Procedure of the lawsuit

How can I divorce my husband without his consent? In this case, the application is submitted by one of the spouses or their legal representative. At the same time, you can file a motion to consider the case under a simplified procedure. In this case, there is no debate, and the court examines written evidence. If the petition is not granted, the case will be considered according to the rules of general litigation.

When you cannot file for divorce

During pregnancy, as well as in the presence of children under the age of one, a lawsuit could not be filed earlier. Therefore, women were concerned about how to divorce their husbands in such a situation. However, this rule was abolished after the adoption of draft law No. 5492, which provides for the possibility of divorce without any restrictions.

How to get a divorce if the spouses are abroad

The easiest way is to use the help of an authorized representative who will provide support at all stages of the process. He will tell you in detail how to file for divorce online through the Electronic Court system, prepare the necessary documents, as well as the final court decision. Based on this decision, the couple can apply to the Ukrainian consulate and register the divorce.

If only one of the spouses is abroad, the plaintiff in Ukraine can go through all the stages on his or her own. The main thing is to file an application for consideration of the case in the absence of the defendant, which indicates support for the claims in full.

What do you need to get a divorce? A marriage will be officially dissolved only after registration with the State Civil Registration Office. Therefore, after receiving a court decision, you must contact the appropriate authority and obtain a certificate.