Divorce through court without children | How to divorce without your spouse's consent

Contents

Features of divorce through the court online in Ukraine
When should you go to court for divorce in Ukraine?
Which court to go to for divorce in Ukraine
Divorce from a person whose place of residence is unknown in Ukraine
Divorce from a foreigner on the territory of Ukraine through a court
Divorce statement in Ukraine
When is it forbidden to get divorced through the court in Ukraine?
Frequently asked questions to a lawyer in Ukraine

Features of divorce through the court online in Ukraine

Family lawyer

In this article, I will tell you about whether you can get a divorce through a court if you do not have children in common, and I will answer frequently asked questions about which court should be applied to.

When should you go to court for divorce in Ukraine?

Let’s start with when to go to court to end a marriage.

Divorce in court is required if the following conditions are met:

The spouse does not consent to the dissolution of the marriage. In this case, you should go to court and file a lawsuit for divorce.
Also, often one of the spouses is outside Ukraine or is a citizen of another state. In this case, you can also go to court for divorce.
Another reason for divorce in court is if the defendant is in prison or if the defendant is convicted.

In all these cases, the dissolution of a marriage is carried out through a court, that is, in a judicial proceeding.

As I said, often the dissolution of a marriage through court occurs if one of the spouses does not give his consent to this.

Which court to go to for divorce in Ukraine

To resolve the divorce case in court, you must file a lawsuit, which will indicate all the features and reasons for the dissolution of the marriage.

Claims for divorce are considered at the place of registration of the defendant. That is, if your husband or your wife is registered in the Shevchenko district of the city of Zaporozhye, then the claim should be filed with the Shevchenko district court of the city of Zaporozhye.

The legislation of Ukraine provides for exceptions when divorce is possible under another jurisdiction.

You can apply to the court at your own place of registration if you have minor or minor children under guardianship and if your health condition requires it or if you have other valid reasons.

Divorce from a person whose place of residence is unknown in Ukraine

There are times when a wife, filing a claim for divorce, does not know where her husband is registered. That is, they do not communicate, there is no contact information and it is not possible to find them out.

In this case, if you do not have data, then you need to contact the last known place of residence of the defendant. In the statement of claim so be sure and indicate that you know that the defendant’s place of residence was at the following address.

Divorce from a foreigner on the territory of Ukraine through a court

If your spouse is a foreigner and he is registered at your place of registration, lived with you in your apartment and subsequently disappeared, you lost contact with him, then what to do in this case, where to go, and who should dissolve your marriage?

In this case, you should apply to the court with a statement of claim for divorce and be sure to indicate in it that you have lost contact with a foreigner and your last known place of residence is your address.

Accordingly, you need to apply to the court at your place of residence.

Divorce statement in Ukraine

We found out with you that the statement of claim is usually filed at the place of registration of the defendant, but there are times when you can apply to the place of registration of the plaintiff.

So, we already know which court to apply to, we move on.

Next, we need to correctly draw up a statement of claim for divorce.

I will not dwell in detail on how to correctly draw up a statement of claim for divorce in this article, because I have already spoken on this topic.

When is it forbidden to get divorced through the court in Ukraine?

The main thing to remember is that a correctly drawn up statement of claim is the key to success in resolving a divorce case. Therefore, before filing documents in court for divorce, we recommend that you contact a lawyer who will help you to specify in detail and accurately the reasons and conditions for the divorce.

By the way, did you know that there are cases when divorce is impossible even through a court?

Elena Litvinenko

Family lawyer

So, at the legislative level in Ukraine it is established that it is impossible to dissolve a marriage if the wife is pregnant and if your joint child is not yet one year old. But there are a number of exceptions to this.

You can divorce your pregnant wife or if your joint child is not yet a year old, in the following cases:

if the husband committed an unlawful act against his wife and child, a crime and was convicted for it;
if information about the child’s father is excluded from the child’s birth certificate and if the paternity of a conceived or already born child is recognized by another man, then in such cases, you can go to court and ask for divorce.

And it is also very important that the court fee 2021 must be paid for filing a statement of claim, so be sure to pay UAH 908. before filing a claim. Be sure to attach the receipt to the statement of claim.So, if you have such a life situation that you cannot apply to the registry office for divorce, then even if you do not have common minor children, then divorce through court is possible. But, if your life situation has developed in such a way that you do not know how to solve it, then be sure to contact us.

Alexey Nikolaevich Scriabin

Family Lawyer, Head of a Law Firm

If you have any questions or need advice, call or write to any messenger (Viber, WhatsApp, Telegram). Our lawyers will advise you online.

Do not delay divorce in court online, contact our law firm advokat-family.com.ua and our lawyers will help you resolve issues in the field of family law.