How to get divorce with Crimean wife?

DEFAULT JUDGEMENT

IN THE NAME OF UKRAINE

On November 27, 2018, the Dniprovsky District Court of Kiev, having considered in open court a civil case under the claim of Gibson, Steven [real name keeps in the secret] against Gibson, Anna Alexeevna for divorce, found:

The plaintiff’s representative filed a claim in the court in which he requested to dissolve the marriage between the parties, registered on February 7, 2008 in the city of Miami, Florida, United States of America, whereof an entry on the marriage registration was made under No. 121212 dated February 7, 2008, in the Florida State Civil Registry Office of the Ministry of Health. Referring to the fact that the family relations of the plaintiff and the defendant were not developed, they do not support family relationships and do not maintain a common household since 2009.

The marriage between the parties was dissolved by the judgement of the Yaltinsky City Court of the Republic of Crimea dated December 14, 2017; however, since the courts administering justice in the name of the Russian Federation in the occupied Crimea are powerless, and their judgements are void, the plaintiff’s representative had to file the above claim in the court.

The parties did not appear at the court hearing, despite the fact that they had been duly notified by the court of the date, time and place of the trial.

The court received a statement from the plaintiff’s representative in which he asks to conduct the court hearing of the case in his absence. From the content of the statement it appears that the plaintiff supports the stated claims in full and asks to satisfy the claim on the basis of the arguments that substantiate the claim. He does not object to a default judgement.

The defendant also did not appear at the court hearing; she did not inform the court of the reasons for her non-appearance. Neither motions for continuance, nor statement of defence, nor the defendant’s explanations were submitted to the court.

In accordance with Art. 280 Part 1 of the Civil Procedural Code of Ukraine, the court shall make a default judgement on the basis of the presence in the case file of evidence of the simultaneous availability of several conditions:

1) The defendant was duly notified of the date, time and place of the court hearing;

2) the defendant did not appear at the court hearing without good reason or without notifying the court of the existence of such reasons;

3) the defendant did not file a statement of defence;

4) the claimant does not object to such an adjudgement.

Under such circumstances, the court considers it possible to consider and solve the case in accordance with the requirements of Art. 280, 281 of the Civil Procedural Code of Ukraine.

Having examined the materials of the case, the court concluded that the claim is subject to satisfaction on the following grounds:

The decision of the Kiev Court of Appeal dated July 24, 2018 appointed the Dniprovsky District Court of Kiev to ensure the consideration of the claim of Gibson, Steven against Gibson, Anna Alexeevna for divorce. The court found that the plaintiff, Gibson, Steven, the citizen of the USA, has been married to Gibson, Anna Alexeevna since February 7, 2008, as evidenced by a statement of intent to marry whereof an official record of marriage registration No. 60815 dated February 7, 2008 was made by the Florida State Civil Registry Office of the Ministry of Health.

In the marriage the parties have a minor child - daughter Gibson, Natalia Stevenovna born on September 22, 2007, as evidenced by a birth certificate re-issued on October 4, 2007 by the Zhovtnevy department of the Civil Registration Office of the Luhansk city justice department.

In accordance with the requirements of Art. 3 Part 1 of the Law of Ukraine “On the legal status of foreign citizens and stateless persons”, foreign citizens and stateless persons who are legally in Ukraine enjoy the same rights and freedoms and bear the same duties as the citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

In accordance with Art. 24 of Part 1 of the Family Code of Ukraine, marriage shall be based on free expression of the will of a woman and a man. Forcing of a woman or a man to marry is prohibited.

In accordance with Art. 110 of the Family Code of Ukraine, a claim for divorce may be filed by either of the spouses.

No normal family relations have developed between the parties for various reasons, therefore they neither support family relationships, nor share a common household. The plaintiff is convinced that their family has broken up and its preservation and reconciliation are impossible.

In accordance with the provisions of Art. 112 of Part 2 of the Family Code of Ukraine, the court shall render a judgement to dissolve the marriage if it is established that the further joint life of the spouses and the preservation of the marriage would be contrary to the interests of one of them or the interests of common children, which is essential.

Under such circumstances, the court considers that the preservation of the family is impossible, and therefore the marriage shall be terminated.

Based on Art. 141 of the Civil Procedural Code of Ukraine, the court fee paid by the plaintiff for filing a claim in court in the amount of UAH 704.80, shall be recovered from the defendant in favour of the plaintiff.

Guided by Art. 4, 12-13, 141, 258-259, 265, 268, 280-281, 284, 289, 353-366 of the Civil Procedural Code of Ukraine, Art. 24, 55, 112 of the Family Code of Ukraine, the court decided:

to satisfy the claim of Gibson, Steven against Gibson, Anna Alexeevna for divorce.

to dissolve the marriage registered between Gibson, Steven and Gibson, Anna Alexeevna registered on January 25, 2008, in the city of Miami, Florida, United States of America, whereof an official record of marriage registration No. 121212 dated February 7, 2008 was made by the Florida State Civil Registry Office of the Ministry of Health.

to recover from Gibson, Anna Alexeevna a court fee in the amount of 704 (seven hundred four) hryvnia 80 kopecks in favour of Gibson, Steven.

The default judgement may be reconsidered by the court that has made it within thirty days from the date of its announcement.

The plaintiff shall be entitled to appeal the judgement of the court to the Kiev Court of Appeal by filing an appeal within thirty days from the date of its announcement.

A default judgement shall enter into legal force if, within the time limits established by the Civil Procedure Code, an application for reconsideration of the default judgement or a petition of appeal has not been submitted, or if the judgement is upheld as a result of the appeal hearing.

Judge - signature

The judgement came into force on January 16, 2019, and is enforceable.

This is a true copy of the original. The original is kept in the civil case file.