What you need to pay attention not to be at a loss in a divorce

“For more than a year want to divorce with her husband. He is against. I decided to apply to a judicial order. Tell us what is necessary to pay attention not to be at a loss?” Natalia Koval, Kiev, Ukraine.

Meets Catherine Malichenko, managing partner of AB “Malichenko and partners”:

“Better to prescribe all the conditions in the first statement. For example, if there is young or minor children, in the petitionary part of the statement of claim, write such a requirement, as the institution of the place of residence of children (with the mother). It will be your far-sighted step: if then the question arises about who the child will live, and it often occurs that you already have a document where everything is taken into account. In the divorce process many men do not pay attention to the conditions.

Former spouse, of course, if you want to trade, may apply to the court for termination of mother’s parental rights, but this extension may not be.


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The second point: since you are the initiator of the divorce, and the legal costs normally paid by that applicant in the statement of claim specify “to collect court fees and costs of court from the defendant”, that is with the wife.

By the way, I do not advise you to delay the divorce if you exactly it configured. Separation and separation is not enough: everything that you make separately (and husband too), when the question arises about the actual divorce will not be considered marital property and subject to division. To prove the innocence of a former spouse is possible, but it is difficult and will require time.

And the last one. When you’re bred (by the way, in a “peaceful” dissolution of marriage in the registry office that works too), try also to run ahead and see to it that your former spouse has signed a notarized document in which the parties confirm they have no claims against each arc is either a moral or a material nature. Not superfluous will be also a written agreement (a verbal means nothing) on the further relations: you can share the duties of parenting, pay tuition/classes, the order of meetings, etc.