Фото: Case: divorce when one of the spouses is abroad

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Case: divorce when one of the spouses is abroad

Reading time: 4 min.

Divorce may seem like a rather complicated procedure, but by contacting professional lawyers and attorneys of the Prikhodko and Partners law firm, you will make this process much easier and faster.

Many factors affect the timing and complexity of the divorce process.

Here are some of them:

  • Establishing the place of residence of the child or children with one parent;
  • Division of jointly acquired property during the marriage;
  • One of the spouses does not consent to the divorce;
  • Alimony for a child/wife or husband;
  • The location of one of the spouses is unknown or he is abroad.

Today, we will consider one of the completed divorce cases, when one of the spouses is abroad and cannot come to Ukraine.

Client: Oleksiy (Party-1, Plaintiff).
Region: Kyiv region, Kyiv.
Purpose: to dissolve the marriage when one of the spouses is abroad and cannot be present at the court hearing.
Lawyer: Grigoryeva Anastasia Dmitrivna.
Lawyer: Sulyk Roman Andriyovych.

The essence of the case:

Party-1 (Plaintiff) applied to the legal company "Prykhodko and Partners" with the issue of divorce in a court order, due to the fact that Party-2 (Defendant) has been abroad for a long time with common minor children and has no intention of returning to Ukraine.

This case concerns the filing by Party-1 (plaintiff) with the help of a representative (lawyer) of a divorce action against Party-2 (Defendant) on the grounds of long-term separation and the impossibility of preserving the marriage due to the lack of contact between the parties.

Since the parties have come to a common agreement that their marital relationship has come to an end and they do not plan a further life together.

But how to start the process when one of the parties is outside Ukraine and what consequences can it have if she does not appear in court?

Party-1 (Plaintiff) addressed us with these questions, and here are the further actions from our side:

Progress of the case:

  • The lawyer of the legal company "Prykhodko and Partners" prepared a statement of claim taking into account all the words and facts provided by Party-1 (the Plaintiff) and sent the statement of claim to the court.
  • After talking with Party-2 (Defendant), she confirmed her intentions to dissolve the marriage with Party-1 (Plaintiff), and after reading the statement of claim, she sent a letter to the court, in which she stated that she consented to the dissolution of the marriage and did not wish to be present at the court hearing when the case was considered.
  • Party-1 and Party-2 did not have disputes regarding the accommodation and maintenance of children.
  • The Parties did not have any disputes regarding the division of joint property.
  • The court, in accordance with the procedure, scheduled a meeting in the order of a simplified claim proceeding with notification (summons) of the participants in the case.
  • Taking into account the circumstances of the case, the judge confirmed that between the parties there really is an incompatibility of characters and a long separation, which makes it difficult to restore the marriage.
  • The judge confirmed that the case is under her jurisdiction and can be considered in accordance with the legislation of Ukraine on marriage and family.

Deadlines: 04/18/23 - conclusion of a legal aid agreement, 06/01/2023 - court decision on divorce.

Conclusion:

On the basis of the above, the judge declares the dissolution of the marriage between Party-1 and (the Plaintiff) and Party-2 (the Defendant) in accordance with Article 160 of the Family Code of Ukraine. The court's decision becomes legally binding from the moment of the expiration of the appeal period (30 days).

After the expiration of the appeal period, the lawyer received a copy of the court's decision on the dissolution of the marriage, which entered into force.

Do not forget that legal support - this is your right! Take care of yourself and your family, and we will be happy to help you. The main goal of our lawyers and advocates is to help you find a compromise and protect your interests.

By contacting the professional lawyers of the law firm Prykhodko and Partners, you will receive quality legal assistance.

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Family law lawyer. Specializes in divorce and probate matters.

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