Lawyer
Lawyer, Master of Laws, expert in the field of migration law. Legalization of stay in Ukraine, registration of residence permits, apostillization of documents.
Statement of claim for divorce from a foreigner
If you want to divorce a foreigner, there are two ways – through the Civil Registry Office and through the court. Despite the fact that the first of these formats is simpler, it is not available in all cases. Let’s consider in more detail how a divorce occurs in both options and dwell on the issue of a statement of claim for divorce. We will also touch on how the services of lawyers from the “Prikhodko & Partners” Law Firm can be useful. Specializing in such cases, we know how to help effectively, simplifying the legal processes for clients.
Two formats of divorce
So, you can get a divorce from a foreigner through the Civil Registry Office if the couple does not have a property dispute, minor children, and it is also possible to submit documents to the Civil Registry Office in person or through legal representatives. The application review period is 30 days. It is also important to know that divorce through the Civil Registry Office is only available in cases where both spouses have come to an agreement on the need to divorce. If one of them is against it, you will have to get a divorce through the court.
The next way is through the court by filing a claim. According to Ukrainian law, cases on the dissolution of a marriage concluded in Ukraine with a foreigner can be considered in the courts of Ukraine in the following cases:
- when both spouses reside in Ukraine;
- when the plaintiff (the one filing for divorce) resides in Ukraine;
- when minor children of the spouses reside in Ukraine;
- when the common property of the spouses is located on the territory of Ukraine.
It is also important to know that Ukrainian courts can consider cases of divorce of a marriage concluded abroad if at least one of the spouses is a citizen of Ukraine, both spouses live in Ukraine, or the plaintiff lives in Ukraine.
What else should you know about jurisdiction?
Jurisdiction in cases of divorce with a foreigner may be either general (at the place of residence of the defendant) or alternative (at the place of residence of the plaintiff, if minor children live with him or if his health condition or other valid reasons make it impossible to travel to the place of residence of the defendant).
How does the case start and proceed?
Once the claim is accepted, the court will set a date for the court hearing. It is important that your foreign spouse is properly notified of the court proceedings. If he/she lives abroad, the court may use international legal assistance to serve the court documents.
The period for consideration of cases is from one month.
What factors influence the length of a case’s consideration?
The duration of the review depends on the circumstances of the specific case, in particular:
- whether the couple has children together;
- whether an agreement has been reached on the issue of their upbringing and maintenance;
- whether there is common property and an agreement on how to divide it.
Thus, a whole range of factors influences the consideration of a case.
Legal support for divorce with a foreigner
Professional legal support may be appropriate in requests related to divorce from a foreigner. In particular, this concerns such areas of services as:
Advisory assistance. The specialist will analyze the circumstances of your case and help you navigate the prospects. He will also tell you about the legal regulation of your particular situation. This legal regulation largely depends on the country of citizenship of the second spouse. Thus, in many cases, the norms of international treaties that regulate this issue should be taken into account.
Legal support. We provide divorce support services both through the Civil Registry Office and in court. When the divorce process is supported by a lawyer who specializes in such cases, this greatly simplifies it and makes it more controllable and predictable.
Representation in court. A lawyer helps, starting with drafting a statement of claim and supporting the case at all other stages.
The advantages of the third category of the named services are that:
- the lawyer carefully analyzes the circumstances of the case and thinks through the strategy of representation;
- he does everything necessary on his part to help collect evidence to support the claims;
- the specialist speaks during court hearings, representing the client’s position;
- if problems arise with the execution of a court decision, he helps to speed up these processes – for example, there is such an effective tool as a lawyer’s request for this.
To order the services of a lawyer specializing in divorce cases, use the feedback form on our website. After that, a specialist in the relevant specialization will call you. After talking in the format of an initial consultation, he will offer possible options for further cooperation. This will greatly facilitate the process of divorce from a foreigner and will allow you to delegate to the lawyer all those aspects in the legal field where you can do without your personal presence.
Calculate the cost of services
1 question
Are you in Ukraine?
2 question
Did you register your marriage in Ukraine?
3 question
Did you register your marriage abroad?
4 question
Is the foreigner currently in Ukraine?
5 question
Do you have children together who were born in a marriage with a foreigner?
How long does a consultation with a lawyer on immigration law last?
The migration law lawyer of our company approaches cases thoroughly and you can be sure that all your questions will be answered. Usually a consultation lasts about 1 hour, but everything is individual, so if your case is complex and its analysis and legal conclusion requires more time than 1 hour, usually the lawyer will devote maximum time to a full and detailed consultation.
Is it possible to consult a lawyer online if it is not possible to come to the office?
Certainly. We provide consultations both online and in the office. Online consultation is possible in any way convenient for the client. This can be either a video call through a convenient messenger or a video conference format.
Do we provide free consultations?
The answer to this question is no. We do not offer free consultations. If you have one or two questions, the lawyer will of course advise you, but we provide detailed consultations on a paid basis.
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