Divorce
Many families are faced with a situation where they want to end their marriage.
There are many reasons for divorce. Starting from the misunderstanding of the spouses of each other to betrayal and violation of the general agreements of the family.
When a marriage is dissolved, the husband and wife may both wish for a divorce. But there are also times when one of the spouses is not ready to end the marriage.
Breakup of marriage
In jurisprudence, the breakup of a marriage is closely connected with its conclusion. Each of the spouses, concluding a marriage, receives certain rights and obligations.
If during the marriage the family had children, common property, then these factors must be taken into account when divorcing. After all, they complicate the process of dissolution of marriage.
Divorce Options
Ukrainian legislation allows 2 options for filing an application for divorce:
1. Filing for divorce through the registry office
2. Filing for divorce through the courts
Each of the methods of dissolution of marriage has its own peculiarities. Let’s take a look at them in more detail.
Filing for divorce through the registry office
It is possible to file documents for divorce at the registry office subject to certain conditions:
The conditions for dissolution of a marriage through the registry office described above must be fulfilled without fail, all points, otherwise the registry office will not accept an application for divorce.
In this case, the application is submitted by both spouses in person at the registry office at the place of registration of the place of residence of one of the spouses.
The registry office gives 30 calendar days to consider the application and reconcile the family. If after 30 days the applications have not been withdrawn, the registry office terminates such a marriage and issues a certificate of divorce to each of the spouses.
Filing for divorce through the courts
In cases where it is not possible to file documents for divorce through the registry office, the spouses or one of them can sue for divorce.
Conditions for dissolution of marriage in court:
- The desire of at least one of the spouses to file for divorce
- Disagreement of one of the spouses to divorce
- One of the spouses left the family and does not get in touch or moved to another city / country
- Having common children
- One of the spouses is convicted and sentenced to imprisonment, and the other spouse wants to get a divorce
- Pregnant wife not from her husband
- The presence of a child under the age of 1 year in a marriage not from her husband
The desire of the husband or wife is enough to go to court to dissolve the marriage. And it doesn’t matter if the second one agrees or not, whether he lives in the same apartment or house, or moved to another city or country.
It also doesn’t matter if you have children together or not. The marriage can still be dissolved, upon application to the court or the husband or wife.
The complexity of drawing up an application differs, the demand for documents if they are not available.
The timing also differs. The divorce process between a husband and wife who do not have children in common and do not live together will be more likely to proceed faster than the divorce of a family with 3 children.
When a family comes to the stage of divorce, there is usually nothing to rewind. The possibility of regulating relationships or visiting a psychotherapist has long been missed.
Then the marriage enters a new stage – divorce, with the participation of divorce lawyers.
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