How to file for divorce?

Depending on the circumstances, Ukrainian legislation provides for two ways to dissolve a marriage. If the spouses do not have joint children and they both agree to the divorce, it is carried out through the DRATS. If the spouses have children or one of them does not agree to break up the marriage, the divorce takes place through the court.

In the first case, in order to register a divorce, the spouses must apply to the DRATS at the place of registration (registration) of the husband or wife with their passports and submit a joint application for registration of divorce. This application consists of two parts - each spouse fills out their own.

If one of the spouses is an internally displaced person, such a person has the opportunity to apply to the DRATS at the place of actual residence. The status of an internally displaced person is confirmed by the relevant certificate of the displaced person.

According to the law, a month must pass between the filing of the divorce petition and the dissolution of the marriage. During this month, the spouses have the right to withdraw their application. If none of the spouses has changed their mind within a month, they must appear at the DRATS at the appointed time to register the divorce.

In the second case, the spouses prepare and submit the following documents to the court:

• Copies of spouses' passports.

• A copy of the marriage certificate.

• Copies of children's birth certificates.

• a joint application for divorce.

• A copy of the contract "On the education and support of the child after the dissolution of the parents' marriage."

This contract is concluded between the spouses, without it the court will not accept the application for divorce. The contract states:

• with whom the child will live;

• what participation in his upbringing will be taken by the spouse who will live separately;

• how the other spouse will participate in providing for the child.

Alimony can also be prescribed in this contract. If the provisions on alimony are included in the contract "On the upbringing and maintenance of the child after the dissolution of the parents' marriage", then the obligation to pay them arises from the moment of concluding the contract. You will not need to go to court to determine the amount of alimony. A notary's executive signature will be sufficient to collect alimony (in case of non-payment).

In the third case, if one of the spouses is against the divorce, the other can initiate the divorce through the court.

To do this, you need to prepare and submit the following documents to the court:

• A copy of your passport.

• A copy of the marriage certificate.

• Copies of children's birth certificates.

• Petition for dissolution of marriage.

To file a claim, you need to know the address of registration (registration) of the second spouse or the address of the institution where he works.

At the same time as the claim for divorce, the plaintiff can also make other demands:

• on determining (changing) the child's place of residence;

• on collection of support (alimony) for a child or one of the spouses;

• on the distribution of property that is jointly owned by spouses;

• about claiming things that are the personal property of one of the spouses;

• on fulfilling the obligation under the marriage contract;

• on deprivation of parental rights.

It is recommended to file a divorce action and other claims separately.

A lawsuit for divorce is not accepted by the court:

• in case of pregnancy of the wife;

• within one year after the birth of the child.

But even in these cases there are exceptions:

• one of the spouses committed an illegal act against the other or their child, which has the characteristics of a crime;

• another man recognized the paternity of the conceived child;

• information about the child's father is excluded from the act record of the child's birth.