In connection with modern challenges, including mass emigration and the forced stay of many Ukrainians abroad, there is a need to solve various legal issues remotely. One such issue is divorce, which requires special attention and knowledge of procedures. A change of place of residence of spouses is not an obstacle to divorce, because this issue can be resolved in court even in the absence of the physical presence of both or one of the spouses in Ukraine.
For many Ukrainians living abroad, the divorce process may seem complicated and incomprehensible. However, modern possibilities of Ukrainian legislation allow this procedure to be carried out as simply as possible and without personal presence in court. It is important to understand which stages need to be completed, which documents to prepare and which legal subtleties should be taken into account in order to avoid unnecessary problems and delays in the process.
How divorce occurs remotely
If you or your partner are outside of Ukraine, the divorce is carried out exclusively through a court. It is important to note that the court process can take place both in a simplified procedure, when both parties agree to divorce, and in cases where one of the parties does not give his consent. In any case, your personal presence in court is not mandatory, as your representative can be a lawyer who will act on the basis of a power of attorney. This power of attorney gives the lawyer the right to represent your interests in court, submit the necessary documents and petitions.
Necessary documents and procedures
In order to start the process of divorce, it is necessary to prepare several basic documents:
- Passport of a citizen of Ukraine and identification code.
- Marriage certificate (original or notarized copy).
- Petition for divorce. This document must be drawn up in accordance with the requirements of current legislation and include all the necessary details and grounds for divorce.
- Power of attorney for a lawyer. This document gives your lawyer the right to represent your interests in court.
It is important that the power of attorney is duly executed: notarized and translated into Ukrainian if you are abroad. Without this document, your lawyer will not be able to act on your behalf.
Terms of consideration of the case
Divorce proceedings usually last three to four months. This period includes the following stages:
- Approximately 60 days are considered for the case in a simplified procedure, when both parties agree to the divorce. If one of the parties does not agree or does not get in touch, the court can delay the process, which will increase the term of consideration.
- 30 days are given for the court decision to enter into force. This period is necessary so that, if necessary, an appeal or challenge can be filed against the decision.
So, the total time required for divorce is approximately 90 days. But it is important to take into account that the terms may vary depending on the complexity of the case and the workload of the judicial authorities.
Peculiarities of participation in the court process
If both parties agree to divorce, personal presence in court is not mandatory. This is especially important for those who are abroad and cannot come to Ukraine. For this you need:
- Draw up a power of attorney for a lawyer who will represent your interests in court.
- Provide the lawyer with all the necessary documents and information for the preparation of the statement of claim.
- Communicate with the lawyer in a timely manner and provide the necessary explanations or additional documents at the request of the court.
Advantages of remote divorce
Remote divorce has several important advantages:
- Convenience. You can resolve all issues related to divorce without leaving your country of residence.
- Saving time. You do not need to come to Ukraine to participate in court hearings.
- Legal support. Professional lawyers will help you avoid errors in the documents and will do everything possible to complete the process as soon as possible.
Thus, even when you are abroad, you can dissolve your marriage in Ukraine without any problems. The main thing is to prepare all the necessary documents, enlist the support of an experienced lawyer and be ready for possible nuances and delays associated with the legal process.
