How long does divorce take

How long does it take to get divorced after filing an application? How long does a divorce last in Ukraine?

For obvious reasons, divorce is a procedure that is both longer and more complex than marriage. The law provides for a special divorce procedure, and it may differ depending on the specific circumstances. There is also no clear answer to the question of how long a divorce lasts. For example, divorce is possible in the registry office and in the judicial authorities, while the procedure for filing documents, the progress of the divorce procedure, the cost and, of course, the timing – all this has distinctive features in each specific case.

How long does a divorce through the registry office take?

The fastest and easiest divorce is in the registry office. The entire procedure for dissolving a marriage takes exactly 1 month. But why can’t all married couples take advantage of the opportunity to divorce so easily and quickly? Because the law sets certain restrictions.

According to the Family Code of Ukraine, only spouses can get a divorce through the civil registry office:

• who agree to divorce together;
• who do not have common minor children (divorce is allowed through the registry office if the children are not common (from previous marriages) or adults).

The law does not indicate that disputes about the division of jointly acquired material assets prevent divorce through the registry office. According to the Family Code of Ukraine, any disputes arising between a spouse and husband in connection with a divorce (except for disputes about minor children) can be considered in court regardless of the divorce. This means that if a man and a woman want to get a divorce, but cannot share a loan or an apartment, they do not have to go to court to get a divorce. If there are no children, they can get a divorce in the registry office within 1 month, and then (or in parallel) resolve all controversial issues in court. The registry office does not resolve disputes between spouses – this is a matter for the judicial authorities.

About the division of common property after a divorce, read the article “How long after a divorce can property be divided.”

Thus, the period for divorce of a childless couple, subject to mutual consent, is 1 month.

The countdown of this period begins from the moment the woman and husband submit a joint application for divorce. Exactly 30 days after the application is accepted, the couple must re-visit the civil registry office to confirm their intention to divorce, take part in the registration procedure, and sign. From this moment on, the marriage is considered dissolved.

Unfortunately, the percentage of such agreed upon divorces between childless couples is low. Firstly, the presence of a child excludes the possibility of an administrative divorce. Secondly, disagreements often arise due to the reluctance of the husband or wife to get a divorce, which forces them to go to court. And this delays the divorce process.

How long does a divorce through court take?

Consequently, due to certain circumstances, married couples are forced to go to court.

Divorce occurs in court for the following reasons (or a combination of several reasons):

• reluctance of the spouse or husband to divorce (as well as avoidance of participation in the divorce procedure in the absence of expressed protest or disagreement);
• presence of common children under the age of 18;
• a dispute about the division of common or personal property (as mentioned above, this circumstance is not an independent reason for divorce through the court, but it is not excluded that property disputes between spouses can be resolved simultaneously with the divorce).

Depending on the specific circumstances in which the divorce occurs, the duration of the divorce process also depends. Only after studying the situation and becoming familiar with all the essential details of the case, can you roughly predict how much time will pass from the moment the claim is filed until the court decision is received. If you need advice, you can consult with the lawyers on our site.

Let’s consider how certain life circumstances influence the duration of the divorce process.

How long does a divorce take if there are children?

The most common reason why a husband and wife have to go to court for a divorce is the presence of a child. Since minor children are one of the most vulnerable and unprotected social groups, the judiciary monitors compliance with legal rights, including during parental divorce.

When considering a case of divorce of spouses with children, the court simultaneously resolves the issue:

1. Where will the child live? Which parent – mom or dad – will live with the child?
2. How will parental responsibilities for child support be distributed?
3. How will the parent who lives separately from the child participate in the child’s upbringing?

Resolving these issues can be an extremely difficult, painful and lengthy process for a married couple. Disputes may arise between husband and wife over who the child will live with, what amounts of money should go toward supporting the child, and how the parents will raise the child. Resolving these issues can extend the divorce period by 1-3 months. If a psychological or genetic examination is required, the process may take several more months.

But in the most favorable cases, spouses go to court with a ready-made solution to all of the above issues: the law allows them to draw up and sign a special agreement in advance, which will provide for the most important issues about the children.

If the court, having reviewed the agreement, does not find any provisions in it that violate children’s rights or are contrary to the law, it will approve it simultaneously with the decision on divorce. This will significantly reduce the duration of the divorce procedure and obtain a divorce in 2 months (including 1 month for the court decision to enter into force).

In which court can you get a divorce if you have children?

• In a district/city/city district – if disputes have arisen between divorcing spouses about children in need of judicial intervention;

Thus, the presence of children increases the period of divorce. But if mutual understanding is reached between the parents, if even before the start of the trial all agreements about the children are reached and set out in writing, the process will go faster and easier.

If one or two spouses have a child born in another marriage, this will not affect the period of dissolution of the marital relationship, nor will the presence of adult children in common.

How long does a divorce take if there are no children?

If a married couple is childless, then the main reason why they have to contact the judicial authority, and not the registry office, is the reluctance of the spouse to get a divorce. A necessary condition for an administrative divorce is the desire of the spouses and the filing of a joint application. If a spouse does not want a divorce, avoids visiting the registry office, and does not agree to sign and submit a joint application, it will not be possible to get a divorce without a trial.

In the absence of other disputes and mutual claims (for example, about the division of property) that may delay the proceedings, a divorce can be obtained within 2 months (including 1 month for the court decision to enter into force) from the date of filing the claim.

Family lawyer

Skryabin Alexey Nikolaevich

Doctor of Law

But you need to keep in mind that it is precisely these divorce cases, in which the spouse opposes the divorce, that most often drag on for 1-3 months. The fact is that the law provides for the following: a man who does not want to get a divorce has the right to ask the court not to make a positive decision immediately and to postpone the trial for 1-3 months. During this time, the male defendant can try to save the marital relationship and refuse the male plaintiff from the divorce.

As a rule, the court meets such a request halfway and sets a deadline for reconciliation if:

• the male defendant is emotionally experiencing the breakdown of the marital relationship;
• the male plaintiff did not indicate valid reasons for divorce with supporting documents;
• the male plaintiff did not directly indicate in the lawsuit that reconciliation with the defendant and saving the marriage was impossible, and did not confirm this at the court hearing;
• a divorce is complicated (or caused) by difficult temporary circumstances: illness of spouses, children, death of close relatives, loss of a job or other financial difficulties.

The consideration of the case is postponed. The reconciliation period cannot exceed 6 months (Family Code of Ukraine). Divorce can only occur after the specified period has expired.

If the male defendant does not demand to postpone the hearing and does not resist the dissolution of the marriage, the court will consider the case within the procedural time limits.

Division of common property during divorce

If, simultaneously with the divorce, it is necessary to resolve a dispute about common property, the case is subject to jurisdiction:

• court at the location of this property – if a dispute about common property is resolved simultaneously with the divorce.

According to the Civil Procedure Code of Ukraine, the duration of a divorce in court is 2 months.

After the court makes a decision on the case, another 30 days pass before it comes into force. But if the matter is complicated by the division of valuable property, large sums of money or debt obligations, the procedure may be delayed.

Results. Divorce terms (in accordance with the law and based on judicial practice)

So, in the following table you can see the approximate timing of divorce in various circumstances:

• Divorce term (according to law);
• If there are disputes about children;
• If there is a division of joint property;
• If a reconciliation period is set.

Entry into force:

• Civil registry office – 1 month;
• trial – 2 months.

What else affects the duration of a divorce?

In addition to the above reasons (disputes about children and material values), other factors may also affect the duration of the divorce procedure.

One of them is the deliberate failure of one of the parties to attend court hearings at the appointed time. As a rule, when skipping court hearings, a man is not guided by the desire to save his family, but by other interests, for example, the desire to be evicted from an apartment, concealing material values, etc. If the defendant, duly notified, fails to appear at the court hearing without good reason, the court adjourns the hearing. However, such a transfer is allowed no more than three times, after which the court has the right to make a decision in absentia. The court does not always take this step – it is easy to appeal a decision in absentia by presenting documentary evidence of valid reasons for absence (business trips, sick leave). And then the consideration of the case will begin again. It is not always possible to properly inform the defendant about the date and place of the court hearing, especially if the male plaintiff does not know exactly where he is.

The search for the defendant with the help of internal affairs bodies is carried out only if, simultaneously with the divorce, the issue of collecting alimony from the defendant for the plaintiff or minor children common with the plaintiff is raised. In this case, a divorce decision is made in absentia, and the alimony case is separated into separate proceedings.

If the divorce case is complicated by additional disputes, it may be necessary to conduct an examination. For example, a psychological examination of a child’s commitment to his mother and father, a technical examination to resolve the issue of distribution of a common residential building or land plot. The divorce will inevitably drag on.

And finally, each spouse has the right to appeal a court decision within 30 days from the date of its adoption and promulgation. In this case, the following will also happen:

1 month – to file an appeal;

1 month – to prepare the case and submit it to the court of appeal;

2 months or more to consider the appeal.

If the decision of the first instance is overturned, the trial will begin again.

Factors such as the technical work of the court office, postal transmission of claims, documents, and messages to the parties should not affect the duration of the process.

How to shorten the divorce period? Legal advice

The monthly period for an administrative divorce (at the registry office) cannot be shortened. The minimum (2 months) period for consideration of a case in the COURT is the same. But you can prevent the divorce procedure from dragging on longer.

What can you advise a man:

• Take a responsible approach to preparing the statement of claim (an incorrectly drawn up statement of claim is returned to the plaintiff to correct errors);
• Collect a complete package of documents (the lack of any certificate can also stall the movement of the judicial machine);
• Enlist the support of a lawyer in order to promptly respond to any changes during the legal process (petitions, counterclaims, challenges, etc.);
• Treat the court process conscientiously, come to the hearing, warn about absences for valid reasons, and do not interfere with the consideration of the case.

If the divorce affects the interests of minor children, the best way to separate quickly and calmly is to prepare a parental agreement:

1. About the place of residence of children;
2. On the maintenance of children by parents living separately;
3. About raising children – with a schedule and rules for meetings…

Family lawyer

Babich Sergey Anatolievich

Candidate of Legal Sciences

Question for a lawyer

How to shorten a potentially long and complicated divorce process involving property division:

1. If a married couple is childless, it is possible to divorce through the registry office, and then divide the common property in court without haste. This is allowed by the Family Code of Ukraine; 2. As much as possible, try to resolve the dispute before the court and independently reach an agreement, setting out the agreements on the distribution of joint property in a written document to be attached to the lawsuit. If the court does not see anything illegal in the agreement, it will approve it;
3. Enter into a settlement agreement during the trial. This can be done at any time, before the court adjourns to the conference room - thus it is also possible to significantly shorten the court procedure.

Family lawyer

Skryabina Daria Sergeevna

Candidate of Legal Sciences

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