CONSULTATION ON DISSOLUTION OF MARRIAGE

When one or both spouses decide to divorce, many issues arise in the process that require detailed explanations from a specialist in the field of family law. Among the most common questions addressed to the lawyers and advocates of our company, we can single out the following:

• What documents need to be collected?
• How to divorce if there are joint children under the age of 18?
• Is the consent of the other spouse mandatory for divorce?
• How to establish with whom the children will remain after a divorce?
• Is it possible to dissolve a marriage without the presence of a husband or wife?
• How to divorce if the spouse (or one of the spouses) is outside Ukraine?
• How to properly file a claim and to which court to file?
• How does a judicial divorce take place and how long does it take?
• Is it necessary to additionally obtain a divorce certificate from the RATS, if there is a court decision?

Based on practice, we recommend that you first get a qualified consultation on this issue, find out all the points and possible difficulties for yourself, and then take further steps - this will save you a lot of time and help you understand the plan of action. In addition, lawyers and attorneys of the company "Prykhodko and Partners" provide consultations both offline and online by appointment, which ensures the possibility of obtaining all the necessary information regardless of your location.

In addition, it is worth remembering the following basic rules regarding divorce:

• Spouses can file an application for dissolution of marriage with the state registry of civil status acts only on the condition that both parties have reached an agreement on this issue and do not have joint children under the age of 18;
• In the event that a husband or wife objects to the dissolution of marriage, the other spouse has the right to submit a claim to the court unilaterally;
• If the issue of divorce is agreed upon, and the reason for going to court is only the presence of minor children, signing a notarized agreement between the parents regarding the place of residence of the children, the participation of the parents in ensuring their living conditions and the exercise of the right to the personal upbringing of the children can speed up the case. Under such circumstances, not a lawsuit is filed with the court, but a joint statement, the judge does not find out the reasons for the divorce, does not take measures for reconciliation;
• In the case of a judicial divorce, the marriage is considered dissolved on the day the court decision on dissolution of marriage enters into force, namely, after the expiration of the thirty-day period provided for its appeal.

Summing up, it should be noted that each situation requires an individual approach, since when resolving the issue of divorce under various circumstances, there may be a need to: file a statement of claim in accordance with the requirements of the law; resolving disputes regarding children and property division; drawing up a draft of the Agreement on determining the child's place of residence, the conditions of his maintenance and the participation of parents in his upbringing, as well as accompanying its signing; representation of a lawyer in court sessions, etc.

Our specialists will definitely help in solving these and other issues, which will make the procedure much easier and faster.