- Divorce through the registry office
- Divorce online via the Internet
- Divorce through court
- Procedure for filing a claim for divorce
- What documents are needed for divorce
- How long does a divorce last?
- Monitoring the divorce case in court, communication between the parties via SMS
- Submission by the defendant of an application for consent to divorce
- Obtaining a divorce decision from the court registry
Divorce through the registry office
The pre-trial procedure for divorce is carried out by the spouses submitting an application to the registry office (i.e. both spouses must want to dissolve the marriage and sign an application to this effect). In this case, the spouses must not have minor children at the time of filing the application for divorce. To apply for divorce, the documents you will need to have are passports and marriage certificates of the persons wishing to get a divorce. An application for registration of divorce is submitted to the registry office. The application is completed jointly by the spouses at the registry office; there is no need to complete it in advance. If one of the spouses is physically unable to appear at the registry office to file an application for divorce, he can have this application certified by a notary and submit it through the second spouse. In this case, the application may indicate consideration of the issue of registering a divorce without his participation.
It should be noted that a marriage cannot be dissolved earlier than one month from the date of filing an application for divorce with the registry office. During this month, the spouses can reconcile, resume relations and withdraw the application for divorce. In this case, one of the spouses can withdraw the application for divorce through the registry office. If this application for divorce is not withdrawn within a month, the marriage will be dissolved by the registry office. It is also possible to dissolve the marriage through the registry office if one of the spouses is declared missing or incompetent.
Divorce online via the Internet
Currently, most countries require spouses to appear in person in court during divorce proceedings. Online divorce over the Internet is not a common practice, as it is important that both partners have the opportunity to participate in the process and express their positions.
However, some countries may provide the opportunity to file a claim online and conduct part of the procedure remotely. For example, you may be able to complete certain forms and documents online, but you will still likely have to go to court in person to attend the hearing.
It is important to contact an attorney who specializes in family law in your area to receive accurate information and specific advice about the divorce process in your country.
Divorce through court
A marriage can be dissolved exclusively by court in the following cases:
- spouses have minor children
- one of the spouses is against divorce
A claim for divorce cannot be brought to court if the wife is pregnant and before the child reaches 1 year of age. Based on the results of consideration of the application for divorce (divorce proceedings) submitted to the court, the court makes a decision. The decision on divorce comes into force 30 days after the court hearing, and is sent by the court to the registry office. Documentation of the divorce (entry in the register, passport) is carried out on the basis of a court decision on divorce.
Procedure for filing a claim for divorce
Filing a claim for divorce involves several steps. Here is the general procedure for filing a claim:
- Contacting a lawyer (optional): If you have a desire or need, you can contact a lawyer for advice and professional support in this process.
- Preparing a Statement of Claim: First, you will need to prepare a statement of claim containing information about you and your partner, the basis for your claims for divorce, and possible claims on issues such as distribution of property, alimony, child support, and so on.
- Submitting the claim to the court: The application must be submitted to the court having jurisdiction to dissolve the marriage. This may be your local family court or similar body in your jurisdiction.
- Court Fees and Taxes: You must pay court fees and other possible legal costs, which may vary depending on your location.
- Notifying the Other Partner: Your partner must be notified of the claim and may respond to the claim.
- Court hearing: A court hearing takes place where the parties can present their arguments and evidence before the judge.
- Judgment: The court makes a decision on the dissolution of the marriage and possibly other issues such as division of property, children’s issues, etc.
- Execution of a court decision (if necessary): If a court decision requires execution, it must be executed in a manner determined by the court.
It is important to note that each case is unique, and certain details may vary depending on your jurisdiction and specific circumstances. It is recommended that you contact a local attorney or lawyer for specific advice regarding your situation.
What documents are needed for divorce
To file a divorce by filing a claim, the following documents are required:
- passport, plaintiff code
- Marriage certificate
- birth certificate of the child(ren)
- passport, defendant code (if available)
To claim divorce, you must pay a court fee in the amount of 0.4 subsistence minimum for able-bodied persons. The statement of claim for divorce, together with the original receipt for payment of the court fee and certified copies of documents, is sent to one of the courts of Zaporozhye or Zaporozhye region. In order to properly prepare divorce documents, we advise you to contact a lawyer specializing in family law.
How long does a divorce last?
The length of the divorce process can vary significantly depending on various factors, including:
- Information and Law in Your Country: Divorce laws and procedures may vary from country to country and jurisdiction to country. Some countries may have fast and efficient procedures, while others may take longer.
- Contentious Issues: If there are contentious issues such as division of common property, alimony or issues regarding children, this may affect the length of the process.
- Agreement between the parties: If both parties come to an understanding and enter into an agreement on the terms of the divorce, this can significantly speed up the process.
- Court Caseload: A large court caseload may result in delays in the processing of your matters.
- Characteristics of the Case Some cases may have unique circumstances that affect the length of the trial.
- Your participation and cooperation: Your active participation in the process and prompt submission of the necessary documents can help speed up the matter.
In most cases, the divorce process can take anywhere from several months to several years. It is recommended that you contact a local attorney or lawyer experienced in family law matters for specific advice regarding your situation.
Monitoring the divorce case in court, communication between the parties via SMS
When filing a claim for divorce in court, we also submit an application to inform the parties via SMS. This frees the court from having to send subpoenas by mail and speeds up the scheduling of court hearings in the case. Also, all divorce claims filed are monitored in the Verdictum system, which puts the case under control, we quickly receive information about who the case is scheduled for, whether proceedings have been opened and when the next court hearing is scheduled.
Submission by the defendant of an application for consent to divorce
The defendant (the other party) may submit an application for consent to divorce as follows:
- Preparation of the application: The defendant must prepare a written statement in which he agrees to the divorce. The statement should also indicate whether there are additional terms or requirements that he/she wants included in the agreement.
- Signature and Date: The defendant must sign and date the application.
- Submission to Court: The application for consent to divorce must be filed with the court hearing the divorce case. In many countries this must be done in writing or through electronic court administration systems.
- Notifying the Other Party: The defendant must notify the other party that he/she has filed a Consent for Divorce.
- Court hearing: Depending on the laws in your country, a court hearing may be scheduled to deal with issues related to the divorce.
- Negotiating the agreement (if necessary): If the defendant has made additional terms in the consent statement, both partners may need to negotiate the agreement and sign it before judgment.
- Judgment: The court may order a divorce based on the defendant’s declaration of consent.
It is important to keep in mind that the divorce process may vary depending on the laws in your country. It is recommended that you contact a local attorney or lawyer for specific advice regarding your situation.
Obtaining a divorce decision from the court registry
We take care of all the hassles of getting a divorce decree. To do this, we write an application, submit it to the court office, and then pick up the decision with a note about its entry into force. This frees the client from having to repeatedly visit the court to obtain documents.
