Family life is not always simple, understandable and carefree.
People converge beautifully, get married and start families. Everything changes over time.
Resentment, quarrels, misunderstanding of each other, and often domestic violence, make it impossible for a husband and wife to continue living together, which will inevitably be followed by a divorce.
Divorce online
Ukrainian law did not allow options for applying for a divorce online, prior to the Covid-19 quarantine restrictions.
Quarantine has changed that norm. After the introduction of severe restrictive measures, it was impossible to consider court cases.
To solve this situation, it became possible to consider cases online. As a result, opportunities to divorce online.
Can you file for divorce online?
You can apply for a divorce online for a divorce in court.
An application for divorce is submitted online through the Electronic Court system.
In the application for divorce, it is necessary to indicate the reasons for the divorce, a description of the events and what contributed to them, indicate whether you currently live together or separately, whether you see the possibility of reconciliation.
Also the application for divorce must state the reason why you cannot go to court in person. As a rule, the reason is indicated that the spouse who is filing a divorce suit is not at the address of the registration of the place of residence in which the consideration of the litigation will be carried out.
Divorce online through the registry office
Divorce online through the registry office is not yet provided for by law.
Thus, it is possible to apply for a divorce through the registry office so far with the personal presence of the spouse at the registry office.
Also, the husband and wife who file for divorce must not have common children under the age of 18, otherwise they will not accept applications for divorce.
Divorce Online
Thanks to the Electronic Court system, online divorce made it possible to dissolve marriages without coming to court hearings.
This not only saves time, but often makes such an appeal to the court for divorce possible.
An application for divorce is filed at the registration address of the spouse who is being divorced.
If the defendant who is being divorced is registered in another city, in the classic version it is necessary to go to this court for meetings.
By submitting an application through the “Electronic Court” system, these barriers disappear.
Participation in divorce and consideration without presence
It is rare that a spouse who files an application for divorce in court wants to participate personally in this process.
The court may consider the statement of claim without the participation of the spouses. At the same time, the majority of judges want to make sure that the application was indeed filed not by chance and with the consent of the applicant, that is, the husband or wife who wants to divorce.
For this reason, judges rarely consider an application for divorce without the participation of the parties.
The same applies to online divorce.
When filing an application for divorce online, you need to be prepared for the fact that at the appointment of the time of consideration of the judicial divorce process, you must connect using a phone, tablet or laptop to be present in court.
Divorce online if you have children
Online divorce in the presence of children in a family is practically no different from online dissolution of a marriage of spouses without common children.
When considering the divorce process of a family with children, the court always has a question about the place of residence of the children after the dissolution of the marriage. Have the husband and wife agreed on the place of residence of the children and do both agree with this decision?
If the husband or wife does not agree with the residence of their child or children, the court will still consider the application for divorce, without considering the issue of the place of residence of the children.
It is better to regulate the issue of residence of children before the court, otherwise the discussion of this issue may turn into a separate trial to establish the place of residence of the child or children.
From practice, in 90% of cases, children stay with their mother.
If the mother does not suffer from mental disorders, alcohol or drug addictions, the husband has little chance of obtaining a court order for the children to live with him.
Online divorce by mutual consent
Divorce online by mutual consent is quite common in practice.
As a rule, spouses are no longer a family and live in different cities or even countries.
There remains the question of documenting their statuses.
When the husband and wife are not against the dissolution of the marriage, the court will not consider the issue of protecting the interests of each of the parties for a long time, because the spouses have already decided this issue themselves.
The time for family reconciliation will also be minimal, because living in different cities or countries, not living together for a long time, additional months will not change anything.
Divorce online without consent
In cases where the husband or wife is against the dissolution of the marriage, the marriage can still be dissolved at the request of the husband or wife.
In fact, the court is interested in properly prepared documents, confirmation of the intention by the party and protection of the interests of each of the parties.
Therefore, any marriage can be terminated regardless of who is where, regardless of how many apartments or houses the family has bought into ownership or open businesses.
These issues do not affect the dissolution of the marriage.
Of course, when a husband or wife is against a divorce, the terms for dissolution of marriage in court will be delayed. But this does not affect the decision of the court.
The principle of the family is based on the free intention to be together. If one of the spouses no longer wants to be a member of this family, the court will be on his side in this matter.
Divorce lawyer
A husband or wife can independently try to prepare and file for a divorce. In most of these cases, the court will remand the case for correction of defects in the application. This is faced by most people who, not being lawyers, try to prepare an application on their own.
We recommend that you always involve lawyers in divorce proceedings. This will save you nerves, time and will enable you to conduct the process as efficiently as possible for you.
ONESTEP Consulting provides immigration, business, legal and real estate consulting services.
By contacting us, you will always receive high-quality services and perfect service.
Subscribe to our news, do not miss useful materials.
