Divorce with a convicted husband in Ukraine
In the article “Divorce with a convicted husband” I will tell you about a divorce with a convicted husband in Ukraine, how to draw up an application for divorce with a convicted husband, how to file a divorce with a convicted person without children, how a convicted person can file for divorce from his wife when you need a lawyer’s consultation.
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Statement of claim for divorce with a convicted spouse in Ukraine
Spouses have the right to formalize and file a claim for divorce, especially when one of the spouses is convicted and is in prison.
Unlike a divorce on the joint application of a married couple with children (Article 109 of the Family Code), and a divorce by a civil registry office upon an application of spouses who do not have children (Article 106 of the Family Code), a divorce on the claim of one of the spouses determines a situation when only one of the spouses seeks to file a divorce, while the other does not want to, or does not have the physical ability to file and file an application for divorce with the competent authority.
Divorce with a convicted husband in Ukraine
It should be noted that before the Law of Ukraine “On state registration of civil status acts” dated 01.07.2010 No. 2398-VI entered into force, a divorce from a convicted husband in Ukraine was carried out by the registry office on the basis of a court decision on imprisonment for a period of 3 years alone, despite the presence of common children.
Now this norm has been leveled, and divorce from a convicted husband is carried out on a general basis.
How to file a divorce from a convict without children, grounds?
What are the grounds for filing and formalizing a divorce from a convicted husband? The resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases on the right to marriage, divorce, invalidation and division of the common property of spouses” states that a marriage can be dissolved in the appropriate manner only if it is established that further the life of the spouses together and the maintenance of the marriage is contrary to the interests of one of them or the interests of their children.
To this end, the courts should avoid formalism in resolving claims for divorce, fully and comprehensively clarify the actual relationship of the spouses, the real reasons for the claim for divorce with the convicted person.
In the legislation of foreign countries, you can find a legislative definition of the grounds for the termination of a marriage.
These can be:
- irreparable breakdown of marriage;
- living separately for a certain time;
- adultery and the like.
Some of these grounds are based on the determination of the guilt of one of the spouses in the breakdown of the marriage. In such cases, the “guilty” persons may have difficulties in dissolving the marriage, they may be assigned additional responsibilities, in particular, to support the other spouse.
How can a convicted person file for divorce from his wife in Ukraine?
To represent the interests of the husband in court, who is a convicted person. The convicted person must draw up and submit a power of attorney to the person who will be the representative of the convicted husband. Such a power of attorney is drawn up by the convicted person and certified by the head of the penitentiary institution where the convicted person is located who wishes to dissolve the marriage on the basis of the Law of Ukraine “On Notaries”.
In civil proceedings, in case of divorce from a convicted person, the participants in the case may participate in the case independently, together with a representative or through a representative.
Representation in civil proceedings is a set of procedural actions of a representative on behalf of and in the interests of the person he represents in order to protect the rights and legitimate interests.
In a civil procedure, a representative is endowed only with procedural interest and acts within the limits of the granted powers.
The purpose of his participation in the process is to assist the court in fully and objectively clarifying the circumstances of the case and making a lawful and well-grounded decision.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of property of spouses, deprivation of parental rights, divorce without documents, divorce without presence, divorce without consent, divorce from a pregnant woman, divorce in another city, divorce with a Crimean residence permit, divorce for migrants, divorce abroad, divorce and alimony.
Divorce with a convicted husband, consultation with a lawyer in Ukraine
In civil proceedings in case of divorce, the powers of the representative of the convicted person may be exercised by:
- lawyer;
- legal representatives.
A lawyer is an individual who carries out advocacy on the grounds and in the manner prescribed by the Law of Ukraine “On the Bar and Advocate Activity”.
According to article 15 of the Civil Procedure Code, representation of a convicted person in court as a type of legal assistance is carried out by a lawyer, except in cases established by law.
In addition to lawyers and legal representatives in a divorce, a person who has reached the age of eighteen, who has civil procedural capacity, with the exception of persons specified in Article 61 of the Code of Civil Procedure, can also be a representative.
However, the performance of the functions of representation by such persons is allowed only when considering disputes arising from labor relations, as well as when considering insignificant cases.
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
If you have a need for advice or paid services of a lawyer, then contact the messengers listed in the contacts section.
If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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Useful site materials advokat-family.com.ua:
- Dissolution of marriage with a foreigner in Ukraine
- How to apply for divorce online
- Dissolution of marriage without the consent of the husband
- Divorce in a closed court session
- Divorce without presence
- Divorce through the court without children
- How to return a maiden (premarital) surname after a divorce
- Terms of the divorce
- State registration of divorce
