FEATURES OF MARRIAGE DISSOLUTION. HOW TO APPLY FOR DIVORCE?

FEATURES OF MARRIAGE DISSOLUTION. HOW TO APPLY FOR DIVORCE?

Author

Riabchuk Oksana

• It is possible to submit an application to the state registry of civil status acts only on the condition that the spouses have reached an agreement on this issue and do not have joint minor children.

In the event that a husband or wife is unable to file a divorce application in person due to a valid reason, the second spouse has the right to submit a notarized or equivalent application on his behalf.

There are also cases when only one of the spouses can submit an application, namely: if the other is recognized as missing or incapacitated.

• If the spouses agree to dissolve the marriage, but have minor children, the case is considered by the court in the order of separate proceedings. For this purpose, it is necessary to conclude a notarized contract 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 education of the children.

In this case, the court does not find out the reasons for the divorce, does not take measures for reconciliation, but checks the compliance of the terms of the Agreement with the interests of the child and parents.

• When a husband or wife objects to the dissolution of marriage, the other spouse has the right to file a lawsuit unilaterally.

Such lawsuits must be filed at the defendant's registered place of residence or stay. But the claimant has the right to use alternative jurisdiction if he has minor children to support or if he cannot go to the defendant's place of residence due to his health or other valid reasons.

In case of dissolution of marriage by the court, the marriage shall be terminated on the day of entry into force of the court decision on dissolution of marriage. If the marriage is dissolved through the court, the divorce certificate is not issued.

In most cases, you cannot do without the help of a family lawyer. Lawyers and attorneys of the Company "Prikhodko&Partners" will help to resolve complex issues between spouses, if necessary, draw up a statement of claim, prepare the necessary documents and represent interests in court.