Divorce lawyer

COUNSELING REGARDING DISSOLUTION OF MARRIAGE

Our life is unstoppable and unpredictable, full of happy moments, but not without disappointments. We can no longer imagine the modern institution of marriage without the possibility to dissolve this marriage in cases where at least one of the spouses needs it.

The divorce process has many nuances that depend on the presence of minor children, jointly acquired property, as well as the mutual desire to end this marriage.

Divorce is possible:

- in the administrative procedure through the bodies of the RATS;

- in court proceedings.

DISSOLUTION OF MARRIAGE IN THE ADMINISTRATIVE PROCEDURE

Divorce in an administrative procedure through the bodies of the RACC is possible in case of mutual consent of both spouses to divorce, absence of minor children and a dispute regarding property. In this case, the spouses should apply with a joint application to the nearest DRATSS body. In accordance with the procedure established by the Family Code, the DRATSS authority gives the spouses 1 month for reconciliation. At the end of the term for reconciliation, the spouses must apply again to the specified authority, issue a legal record of divorce and obtain their divorce certificates.

DISSOLUTION OF MARRIAGE IN COURT PROCEDURE

As for the judicial procedure, the situation here is a bit more complicated. One of the spouses has the right to apply to the court for divorce. The statement of claim must be drawn up in accordance with the requirements of the Civil Procedure Code of Ukraine and sent to the place of residence of the defendant (according to the general rule). In the statement of claim, the plaintiff has the right to ask the court to decide also on the issue of the distribution of the joint property of the spouses, on the place of residence of minor children, as well as on the change of the plaintiff's surname after the divorce.

Our lawyers specialize in supporting divorce proceedings where one of the spouses is a foreigner. The complexity of such lawsuits lies in the fact that most plaintiffs lose contact with the defendant, without having any information about their place of residence or whereabouts, or know that the other spouse has moved abroad. Our lawyers prepare a statement of claim with a request to the court to search for the defendant, accompany the filing and monitor the consideration of the statement of claim in court. Usually, if the court process is not complicated by the division of property or the determination of the place of residence of the children and when the defendant does not object to the dissolution of the marriage, the court makes a decision within 1-2 months from the moment of filing the claim. After that, another 1 month is required for the court decision to enter into legal force. The court decision is the final document on divorce and does not require the additional issuance of a divorce certificate.

Lawyers of ENWOLT are ready to stand by your side in all situations that are inconvenient for you that arise when communicating with state authorities, will help to properly and honestly defend your interests, avoid unnecessary trips to various authorities and collection of unnecessary documents, will protect you from illegal actions and decisions of authorities state power.