Quick divorce in Ukraine

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quick divorcein Ukraine

Family lawyer
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Welcome to the website rozirvannya.com.ua! In the article “Quick Divorce” I will tell you about how you can quickly divorce your husband or wife in Ukraine. You will learn about divorce methods and get tips to speed up the divorce process.

How can you quickly divorce your husband or wife in Ukraine?

There can be many reasons for quickly divorcing your spouse. Perhaps you urgently need to conclude an important agreement or go abroad in the near future. The reason may even be the intention to enter into a new marriage. What to do in such a situation?

In this article we will consider not only the timing of the divorce procedure, but also legal ways to speed up the divorce as much as possible.

Divorce methods

Family law provides for two ways to dissolve a marriage:

  1. Administrative (through the civil registry office).
  2. Judicial (through the court).

Each of these methods is applicable in appropriate circumstances, subject to certain conditions.

Divorce through the registry office

Divorce in the registry office is the fastest process for terminating marriage and family relations.

The divorce period is only 30 days.

But divorce in the registry office is not possible in all cases. In order for spouses to divorce through the registry office, the following conditions must be met:

  • joint consent to the divorce process;
  • absence of common adult children.

Divorce procedure through the registry office:

  • Preparation of documents for divorce (passports, marriage certificates);
  • Preparation and submission of a general (or unilateral – in special cases provided for by the Family Code of Ukraine) application for divorce to the registry office;

If spouses live in different cities, they can submit two separate applications, but the signatures on them must be notarized.

  • Payment of the state fee;
  • Repeated visit to the civil registry office 1 month after filing the application – to participate in the divorce procedure.

Divorce in court

To dissolve a marriage, you must go to court:

  • if the husband or wife does not agree to divorce,
  • if the family has children who have not yet reached eighteen years of age.

Compared to an administrative divorce, the duration of a divorce through the court is much longer and can last from 2 to 6 months.

Judicial divorce procedure:

  1. Preparation of a statement of claim for divorce.
  2. Preparation of documents: passports and TIN of the spouse, marriage certificate, birth certificate of children under 18 years of age, marriage contract (if any), marital and/or parental agreements (on consent to divorce, on distribution of property, on child support and/or disabled spouse), notarized, documents on joint property (inheritance certificates, gift agreements, receipts and purchase checks), if it must be divided between spouses in divorce proceedings, income certificates certified by the seal and signature of the manager, if the claim states demands for the collection of alimony, etc.
  3. Payment of the court fee for filing a claim.
  4. 1 month after filing the claim – attend the first and subsequent court hearings.
  5. Obtaining a court decision on divorce.
  6. Entry of the court decision into legal force (1 month after its issuance).

The main condition for a quick divorce is mutual agreement between husband and wife. The fewer disputes and disagreements, the faster the divorce occurs.

If, for example, the husband does not object to his wife’s desire to divorce and the couple does not have common children under 18 years of age, the divorce can be filed through the registry office. This procedure will end after 1 month has passed from the date of application.

Property disputes between spouses are not an obstacle to administrative divorce, since they can be resolved in court before or after divorce.

The duration of administrative divorce can neither be accelerated nor delayed – it is exactly 30 days from the date of filing the application until the registration procedure is carried out at the registry office, the date and place of which the spouses will be duly notified.

Family lawyer
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Questions for a lawyer
What is needed for a quick divorce through the registry office?
Skryabin Alexey Nikolaevich
First, prepare and submit a joint application for divorce to the registry office. Secondly, it is mandatory to appear at the registry office 30 days after submitting the application for the divorce procedure. If neither spouse appears at the divorce procedure, the divorce will not take place - the submitted application will be canceled and the paid state fee will not be returned.

If the spouse has children, they will have to divorce in court, despite mutual agreement to dissolve the marriage.

All kinds of disputes and proceedings regarding the place of residence, maintenance, and upbringing of children are the main reason why the divorce process can drag on for several months. But if there is mutual agreement and a willingness to compromise, the divorce process can be shortened as much as possible to 2 months, as provided by law.

Family lawyer
Babich Sergey Anatolievich
Babich Sergey Anatolievich
Candidate of Legal Sciences
Questions for a lawyer
How to speed up a divorce through court?
Babich Sergey Anatolievich
First of all, you need to competently draw up a statement of claim, which will not have to be redone at the direction of the court, as well as a complete package of documents, not out of place among which would be a parental agreement on the maintenance and place of residence of the children. And finally, regularly attend court hearings - to avoid postponement and delay of the consideration of the case.

Is it possible to divorce your husband without his consent?

Yes. Contrary to popular belief, the reluctance of one of the spouses to divorce is not a reason for forced preservation of the family. The marriage will be broken, regardless of the consent or disagreement of one of the married couples. However, disagreement between spouses complicates the procedure for ending a marriage and delays the divorce process. In this case, it will no longer be possible to get a divorce through the registry office – you will have to go to court, preparing a competent statement of claim for divorce and collecting a package of supporting documents.

The period for divorce through court without the consent of one of the spouses ranges from 2 to 6 months.

Often, a husband or wife deliberately resists the divorce process and tries to prolong it in every possible way. For example, they ask the court to set a deadline for reconciliation. As a rule, the court makes such a concession and assigns the spouses a period of reconciliation, which cannot exceed 6 months. If no one changes their mind during this period, the marriage will be dissolved.

Another way to delay the divorce process is to ignore court notices and refuse to attend court hearings. But divorce can occur even without the presence of one of the spouses – the court will make a decision on divorce after two forced postponements of court hearings.

In addition, the length of the divorce process may be affected by:

  • presence of children (the court must resolve controversial issues regarding the place of residence, upbringing, and maintenance of children);
  • existence of property disputes.

Methods and timing of a quick divorce

Family lawyer
Skryabina Daria Sergeevna
Skryabina Daria Sergeevna
Candidate of Legal Sciences
Questions for a lawyer
What to do to shorten a divorce if one of the spouses disagrees?
Skryabina Daria Sergeevna
First of all, prepare your claim correctly. Indicate that reconciliation between you is impossible, attach documents and other evidence of the impossibility of saving the family (characteristics, medical certificates, witness statements) to the claim. This way you can avoid the court setting a 6-month period for reconciliation.

If possible, agree in advance on all possible controversial issues (about children, about common property).

Attend all court hearings or request an ex-parte hearing to avoid delays in the divorce process due to failure to appear.

 

The best way to quickly separate from your wife is to reach agreement on all possible controversial issues.

Without disputes and claims, you can get a divorce:

  • Through the registry office 1 month in advance.

If the spouses have not yet had time to have children or the common children are already 18 years old, they can dissolve the marriage in the registry office. To do this, the married couple must prepare and submit a joint application for divorce to the registry office, attaching documents (passports, marriage certificate) and paying a state fee. After 30 days, if the spouses do not change their minds, the marriage will be dissolved.

  • Through the court in 2-6 months (including 1 month after the court decision enters into legal force)

If the spouse has minor children (and regardless of whether “children’s” issues are resolved peacefully and voluntarily – about financial support, upbringing, choice of place of residence for children), the period for divorce will be approximately 2-3 months. 

Family lawyer
Dyachenko Vladislav Denisovich
Dyachenko Vladislav Denisovich
Family lawyer
Questions for a lawyer
What does it take to speed up a divorce from your spouse through the court?
Dyachenko Vladislav Denisovich
First of all, you need to reach an agreement with your wife on all controversial issues related to children: place of residence (with mother or father), maintenance, joint upbringing. Parents may enter into and submit to the court a written children's agreement that includes these and other important provisions. The court must make sure that the interests of the child are not violated during the divorce process, then the divorce will occur quickly, without lengthy proceedings.

If the wife agrees to divorce, but lives in another city, this may complicate the divorce process somewhat, but there are still ways to solve the problem.

The claim can be filed at the place of residence of the wife, that is, the defendant, unless the husband exercises the right to file a claim at his own place of residence (due to illness or cohabitation with minor children). However, spouses can ask the court to consider a divorce case without the presence of the spouses, if there are good reasons for this. This will significantly simplify and speed up the process.

All documents (claims, petitions, attachments to the claim, receipts or checks for payment of court fees) can be sent by a valuable letter with a description and notification.

In order to divorce without your wife’s consent, you need to prepare for court proceedings. Divorce through the registry office is impossible.

The term for a divorce through the court without the consent of the spouse is approximately 2 to 6 months (including 1 month for the court decision to enter into legal force).

However, in practice, the divorce process can drag on for 3-6 months, depending on life circumstances such as:

  • the presence of children, which forces the court, simultaneously with the divorce, to consider issues of place of residence, upbringing, and maintenance of children;
  • existence of property disputes;
  • absences from court hearings, both for valid reasons and without valid reasons, due to which the consideration of the case is postponed;
  • living in different cities (or even lack of information about the place of residence of the second spouse), requiring the sending of documents and messages;
  • the persistent desire of the second spouse to save the family, due to which the court may delay the consideration of the case for 1-3 months.

A quick divorce during pregnancy or the birth of a child less than 1 year ago is impossible. The court will simply reject a claim filed in violation of this rule of law.

Family lawyer
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Questions for a lawyer
What should I do to speed up my divorce from my wife?
Skryabin Alexey Nikolaevich
Lawyers advise resolving all controversial issues before the start of the divorce process, and if this is not possible, strive to reach a compromise during the trial. For example, enter into a written, notarized agreement about children, about the division of common property.

In addition, the law allows spouses to enter into a settlement agreement directly in court - if they do not contradict the law and violate the rights of the wife, husband, children and other persons.

 

How to quickly get a divorce if you have minor children?

Can divorce be quick and painless if there is a child? Yes. It all depends on whether the spouses-parents are ready to seek a compromise in resolving issues relating to the future fate of their common children.

If there is a minor child in the family, administrative divorce (through the registry office) is impossible. It is possible to end a marriage in which children were born only in court. Thus, the state, represented by the court, monitors the observance of the child’s rights to a safe and comfortable place of residence, full financial support, upbringing, and full development.

To speed up the divorce process, you should indicate in the claim that all disputes regarding children are resolved amicably. Even better, add a parental agreement regarding children during divorce to the statement of claim, which will set out all the agreements reached by the parents.

It is preferable that parents discuss and include the following provisions in a written agreement:

  • where and with whom the child will live;
  • who will bear the costs of maintaining the child;
  • who will raise the child and how;
  • what will be the regularity and order of meetings between parents and children;
  • how the child will maintain relationships with relatives (grandparents, aunts and uncles) on each parent’s side;
    other.

But even if it is not possible to reach an agreement before the start of the trial, the law allows the spouses to reach a truce in the trial and enter into a settlement agreement.

The court will review the submitted agreement and make sure that the rights of the child and parents are not violated. The court will also take into account that parents act in the interests of the children; their mutual desire to speed up the divorce process will also confirm that saving the family is impossible. The court will dissolve the marriage – perhaps even at the first court hearing.

If disputes about children between spouses and parents are not resolved peacefully, the court will decide on the place of residence and maintenance of the child. All this will naturally affect the duration of the trial:

  • conducting a psychological examination (to determine the child’s attachment);
  • conducting genetic testing (to confirm the relationship between father and child);
  • calling witnesses;
  • requesting additional documents (for example, about expenses and income of parents);
  • involvement of a guardianship and trusteeship authority;
  • conducting a survey of living conditions at the place of residence of the father or mother, and other procedures.

In addition, it is possible that the court may set a reconciliation period of up to 6 months – another possible reason for the delay in the divorce process. According to judicial practice, parents are more inclined to save the marriage.

Is it possible to get a divorce faster than in a month?

Divorce through the registry office cannot occur earlier than 1 month after the spouses submit the application. This period is provided by law, firstly, for preparation for the divorce procedure, and secondly, for reflection and possible reconciliation of the spouses.

In case of a judicial divorce, the same period – 1 month – passes after filing a statement of claim for the first court hearing. If there are no obstacles to divorce (the spouse is present and there is no need for the court to resolve various family disputes), the marriage can be dissolved at the first court hearing. Otherwise, the divorce procedure continues.

After consideration of the case, there is another 1 month, during which it is possible to file a complaint and review the case, after which the court decision comes into force.

As practice shows, spouses often make peace and abandon their plans to separate. More often this happens within the first month after applying to the registry office or court, less often – during the trial. Therefore, the law does not allow any exceptions or opportunities to speed up the divorce.

But the opportunity to refuse the submitted application and cancel the divorce is provided to the spouses right up to the registration procedure itself. Spouses who change their minds about divorce will be able to reapply at any time – an unlimited number of times. The law does not provide any sanctions for such “indecision.”

We already remembered: it won’t be possible to separate faster than in a month. The minimum period for divorce (administrative and judicial) is 1 month. In order not to delay the divorce process, spouses must act in concert and promptly comply with the requirements of the law.

To quickly get a divorce through the registry office, you need:

  1. Prepare an application for divorce.
  2. Collect documents.
  3. Pay the state fee on the day of application, having received payment details directly from the registry office.
  4. Visit the registry office in 1 month to take part in the divorce procedure.

As for possible disputes about the division of common property, they are not an obstacle to divorce through the registry office. If a wife and husband want to divorce, they can do this administratively, and divide jointly acquired property – already in court (before or after the divorce).

To speed up a judicial divorce, you need to:

  1. Competently draw up a statement of claim, avoiding mistakes and inaccuracies that will lead to refusal or return of the claim for amendments.
    Gather all necessary documents to avoid delaying the trial for days or weeks due to missing evidence and certificates.
  2. Obtain consent to divorce from your spouse. This will help avoid the common practice of postponing the trial at the request of the defendant for up to 6 months – for reconciliation with the plaintiff.
  3. Come to an agreement regarding the place of residence of the children and the payment of alimony. If possible, enter into a written and notarized agreement. This will shorten the trial time and speed up the decision.
  4. Attend all court hearings.

If the spouse does not agree to divorce, it is necessary to clearly indicate in the statement of claim that further life together for the spouses and preservation of the family is impossible, and also provide evidence (witness testimony, work references, police reports, medical documents about bodily injuries). The goal is to convince the court that reconciliation is impossible, and living together is extremely undesirable, or even poses a threat to the life and health of the wife and/or children.

How to quickly get a divorce if your spouse does not attend court hearings?

The law allows for the possibility of divorce without the personal participation of one of the spouses. All that needs to be done is to notify the court that you have received a copy of the claim and documents, and also file a petition to consider the case without participation, attaching documents confirming the impossibility of participating in court hearings. If the spouses decide to boycott the divorce process and begin to miss the court hearing without proper warning, the court may rule on divorce in absentia, without participation. 

Family lawyer
Skryabina Daria Sergeevna
Skryabina Daria Sergeevna
Candidate of Legal Sciences
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