A statement of claim for dissolution of marriage

Divorce in most cases is an unpleasant process in the life of every spouse. This is due to the fact that when people get married, they do not think about divorcing in the future.

However, life circumstances are constantly changing and no one is immune from such a legal process in the future.

And that is why citizens should always understand the issues of submitting documents to judicial authorities for the purpose of divorce. This shows the relevance of the chosen topic.

In this article, we will consider in detail how to properly file a claim for divorce, taking into account the provisions of the current legislation of Ukraine.

How to correctly file a claim for divorce?

If you turn to the SCU, you will not find any legal requirements for writing a statement of claim for divorce, because this process is fully regulated by the SCU.

Thus, the Civil Code of Civil Procedure specifies the general requirements for statements in legal proceedings, which a person must follow when preparing a lawsuit, otherwise, the court will return such a statement to the spouse to eliminate deficiencies and will not start the case.

Such requirements are:

• the name and address of the judicial body to which the claim is filed;
• requisites of the parties, both the plaintiff and the defendant - full name, RNOCPP, place of registration, mobile phone number, e-mail address, etc.;
• the cost of the lawsuit (for example, if, in addition to divorce, the plaintiff also wants to divide jointly acquired property in marriage, that is, the lawsuit has signs of a property nature);
• setting out the content of the claims against the defendant in the statement - to dissolve the marriage, distribution of property between persons, determination of children's place of residence, collection of alimony, etc.;
• setting out the circumstances by which the plaintiff substantiates his claims and specifying the evidence that confirms them;
• the reasons for the impossibility of divorce through the DRATS authorities and why spouses cannot live together as one family;
• a clear list of documents and evidence submitted together with the application and justification of the impossibility of submitting other evidence in the case (for example, they are with the defendant);
• approximate calculation of the amount of court costs that the plaintiff plans to incur for submitting an application to the court or during consideration of the case on its merits;
• the plaintiff's confirmation that he has not filed another claim(s) against the same defendant(s) with the same subject and on the same grounds;
• if a citizen has legal grounds for exemption from paying the court fee, then indicate this in the submitted application;
• in case of filing a claim by a person who is granted the right to apply to the court in the interests of another person, the grounds for such an application must be specified in the application.

It is also worth noting that a claim can be filed as:

• "by hand" - writing a statement in legible handwriting without any corrections or crossing out;
• in paper form by typing the claim on a computer or laptop, etc.

If you want to make a legally competent statement of claim for divorce, then in this case you cannot do so without the help of the Prikhodko and Partners law firm.

Our team has many years of experience in drafting lawsuits for divorce, which allows us to effectively assist our clients in filing a lawsuit. So don't delay and apply!