The grounds for divorce can be very different, but the algorithm of actions is clearly defined and we will consider the most common issues related to the divorce process if the spouses are citizens of Ukraine and the marriage was concluded in Ukraine.
How to dissolve the marriage of spouses who do not have common children?
If both parties have given their consent, a joint application for divorce is submitted to the Department of State Registration of Acts of Civil Status (the application consists of two parts - each spouse fills in their own part). If one of the spouses is unable to file such a petition in person for valid reasons, it may be notarized or certified in his or her name by the second spouse.
If one of the spouses is abroad, a family law lawyer will help you to resolve the divorce issue.
The marriage is dissolved after one month from the date of the application, regardless of the existence of a property dispute between the spouses, unless it is withdrawn.
How can the marriage of spouses with joint children be dissolved?
Under these conditions, the marriage can only be dissolved in court by a joint petition for divorce by the spouses, accompanied by a written agreement on who the child will live with (provided there is no dispute about the child's place of residence). Such an agreement must be notarized. And in order to take into account all the nuances of a child living with one parent and the involvement of the other parent in ensuring the child's living conditions, it is appropriate to seek the help of a lawyer in the field of family law. The lawyer will provide you with professional advice, draw up all the necessary documents and represent your interests in court. Your lawyer will also be responsible for monitoring the progress of the proceedings in court and reaching a decision.
How can the marriage of one spouse be dissolved without the consent of the other spouse?
Under these conditions, the marriage can only be dissolved by the courts at the request of one of the spouses. However, during the pregnancy of the wife and within one year after the birth of the child, no claim can be made, except in the cases provided for by the Family Code of Ukraine.
If one of the spouses who decided to divorce resides outside Ukraine, you can file a lawsuit together with the necessary documents and pay the court fee remotely. However, this requires certain legal knowledge or the involvement of a lawyer in this field of family law in organizing and supporting the rights in the divorce process.
How can a divorce certificate be legalized for spouses?
If you plan to submit a divorce certificate outside Ukraine to foreign institutions in order to register a new marriage, register the birth of children, etc., you must affix an apostille to the divorce certificate and translate the document into the appropriate language. More than fifty countries require an apostille on documents.
However, in some cases, an apostille is not affixed to a divorce certificate; in one of these cases, the document is not included in the database of the Ministry of Justice of Ukraine. Therefore, in such a situation, it is better to turn to professional lawyers who will provide these services on a turnkey basis and save you time.
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