Life and destiny. When we get married, we expect it to never end. Years pass. There may be children.
One day you realize that the relationship is far from what it was. That marriage does not give strength and energy. And inside is emptiness.
Then come to the realization that it is time to end this marriage and file for divorce.
Conditions for divorce judicially
Marriage can be dissolved at the initiative of the husband or wife.
Both spouses may agree to end the marriage. There are also times when one is against. But this is not a reason not to get divorced in court.
Divorce from a husband or wife is always a tragedy. After all, the family will end its existence at the time of the announcement of the court decision.
Filing for divorce
In jurisprudence, there are various variations of statements of claim for filing documents for divorce in court.
They differ in the conditions in which a particular family is located.
General part of the information for preparing an application to the court:
- Do both agree to divorce or not?
- Live separately or not?
- Do they live at the registration address or not?
- Are there children in the family or not?
- Did you discuss the issue of keeping children or not?
- Have you determined the place of residence of the children or not?
- Have you determined the order of raising children or not?
- Are both spouses in Ukraine?
- Do they want to participate in the court in person?
There is also an emotional component to every divorce.
Divorce in court rarely takes place in silence.
There is a reason behind every divorce: lack of attention, help, support, betrayal, lack of income, drunkenness, etc.
At the stage of divorce, grievances no longer allow spouses to calmly communicate with each other. They do not give the opportunity to calmly discuss their situation and the future of each separately.
Divorce by mutual consent
The rarest case is when both spouses agree that further marriage does not make sense for everyone.
Such litigation proceeds as discreetly and quickly as possible. Nothing to share. Former husband and wife can, in a calm tone, quickly come to an understanding of the situation and its acceptance.
Divorce through court without children
Divorce in court between spouses who do not have common children occurs in a small number of cases when one of the spouses:
- Against divorce
- Moved to another city/country
- Disappeared and does not support family life, and his whereabouts are difficult to determine
- One of the spouses is in prison
- Wants to file for divorce because his wife didn’t get pregnant by him
Each of the options for dissolving a marriage without children has its own characteristics for going to court and obtaining a divorce.
When preparing an application for a divorce through a court without children, it is necessary to take into account the factors that may prevent the dissolution of the marriage.
Only in this case, the court will consider the appeal as quickly as possible and make the desired decision.
Divorce through court with children
Spouses who have common minor children can apply for divorce only through the courts.
Before filing for divorce, the spouses must jointly settle the issues of residence, financial security and time to visit children.
If this is not done, or if a common agreement is not reached, the court will independently consider each item separately and act at its discretion, in order to protect the interests of children.
The role of the lawyer
Divorce is rarely peaceful. Spouses at the stage of the court no longer try to be kind to each other.
A divorce lawyer can be both your allies in this process and an assistant.
Often, additional documents are required that can directly affect the court decision, which a lawyer will help you obtain.
In litigation with personal participation, spouses often accuse each other, which is of no particular benefit to either side. Lawyers thwart such situations by reverting the lawsuit to the terms of the divorce rather than discussing everyone’s grievances.
Also, legal assistance is needed to determine and obtain the most favorable conditions for the client after a divorce. Spouses do not always think about this when filing an application for divorce in court.
Reconsidering a court decision on divorce is always a difficult undertaking. Therefore, it is better to initially determine the goals, needs, wishes and achieve them in the court of first instance.
Terms of termination
The timing of divorce through the court depends on factors such as:
- Correctness of the statement of claim
- Having common children
- Availability of necessary documents
- The workload of the court in which the claim is filed
- Consent of the second party to the divorce or its delay.
Let’s look at the factors of the timing of divorce separately.
1. Statement of claim
The claim must be correctly drafted. It should include the reason for the divorce, a description of your family situation, the correct details of the husband and wife according to personal documents.
2. Minor children
If a family has common minor children, divorce becomes more difficult.
The court will respect the interests of the children. Therefore, an application for divorce must include data on children, their provision, and residence.
Include data on how often children will see both parents.
3. Availability of documents
To apply to the court, it is necessary to prepare documents for the dissolution of marriage.
From the original documents, at least:
- The passport
- Tax number
- Certificate of marriage
Often, this is not enough. And during the court’s consideration, your application may be suspended until you collect the rest of the documents that the court wants to see. This may be a lease agreement, documents confirming the ownership of a house or apartment, an extract from the place of work, etc.
4. Court workload
Each district or city court has a small number of judges. They also handle other civil and criminal cases.
You cannot know that the court will accept and consider your application in a month. This can happen after 2 or 4.
5. Deadline delay
When one of the spouses does not want a divorce, he can legally delay the processing time.
He can get sick, disagree with something, be not familiar with the application, challenge each item in the application for divorce.
On the good side, this does not affect anything except the timing when the husband and wife are recognized as divorced in court.
Divorce, court and emotions
Divorce is always a fateful stage in the life of every family member.
From experience we can recommend behaving with restraint and prudence. This emotional period of life will pass, and you will return to your calm life.
If the husband or wife wishes, the marriage can always be dissolved. Therefore, it is not necessary to lose personal dignity against the background of insults and emotions.
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