Divorce without registration in Ukraine
In the article “Divorce without registration” I will tell you whether a divorce is possible without a registration, where to file for divorce if there is no residence permit, is it possible to divorce in another city without a residence permit.
Be sure to read the article “Divorce without registration” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce without registration.
Be sure to subscribe to my YouTube channel to always receive up-to-date information in the field of family law.
Is divorce possible without registration in Ukraine?
Is divorce possible if both spouses do not have a residence permit? Of course, yes, but such a divorce procedure is accompanied by a lot of difficulties, which significantly increases the terms of the divorce proceedings.
The rules for determining the territorial jurisdiction of divorce cases are regulated by the Code of Civil Procedure of Ukraine and make it possible to determine the competent court for filing a statement of claim.
Receiving a divorce statement of claim, the court does not check the place of registration of the applicant, therefore, you can specify any address of the place of residence convenient for correspondence. While the registration of the defendant is checked by drawing up requests to the competent state authorities.
Where to file for divorce if there is no registration in Ukraine?
As you know, citizens of Ukraine can dissolve a marriage in the judiciary and the registry office. However, it should be noted that in accordance with the Rules of State Registration of Civil Status Acts, approved by the Order of the Ministry of Justice dated 10/18/2000 No. 52/5, an application to the registry office is submitted strictly according to the registration of one of the spouses.
If both spouses do not have a residence permit, then divorce through the registry office is excluded.
Establishing the jurisdiction of a divorce case, the court pays special attention to the registration of the defendant. This is due to the right of the defendant to be informed about the case with his participation and the opportunity to represent his interests.
Divorce from my husband without registration in Ukraine
If the place of registration and the actual place of residence of the defendant / husband is unknown (the husband is without a residence permit), this situation is regulated by Article 28 of the Code of Civil Procedure and involves sending a claim:
- at the last place of residence or registration, which is known to the plaintiff.
However, not everything is so simple. The court sends a request to the address bureau at the address that you indicated in the statement of claim against the defendant. If the husband changed his place of residence and did not notify you, then the court will refuse to open the proceeding and offer to take away the statement of claim personally, or he will transfer it to another court for consideration, at the new place of registration of the defendant.
Transferring a statement to another court, in practice, takes a long time, however, this procedure for considering a divorce case will help to avoid repeated payment of the court fee.
The competent court makes a request to the address bureau at the new place of registration of the defendant and waits for confirmation.
The court opens proceedings on the case only if the address bureau confirms that the defendant is registered at this address or was previously registered, but has now been discharged and is in fact without a residence permit.
If the response of the address bureau does not indicate information about the defendant’s registration at the indicated address, then most likely the court will refuse to open proceedings and leave the case without progress.
The same situation arises when the place of the last registration of the defendant is unknown, or he is a foreigner and has never been registered on the territory of Ukraine.
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 spouses’ property, deprivation of parental rights, divorce from children, divorce from a prisoner, divorce from a foreigner, divorce through a registry office, divorce through a court, court decision on divorce, divorce certificate, terms of divorce, cost services for divorce.
Divorce in another city without registration in Ukraine
According to Article 27 of the Civil Procedure Code, the procedure for filing a statement of claim at the place of residence of the defendant is established.
Divorce in another city without registration is possible if the place of residence of your spouse is registered in another city. In fact, the consideration of the claim and the divorce case takes place territorially in the appropriate court.
However, there are circumstances in which the plaintiff has the opportunity to file a claim at the place of his registration:
- the plaintiff has common minor children;
- the plaintiff cannot arrive at the place of residence of the defendant for health reasons or other reasons (documentary evidences are available).
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.
If the article “Divorce without registration” was useful for you and you learned something new about divorce without registration, then like this article, subscribe to my YouTube channel, share with friends, press the bell to don’t miss new videos.
Useful site materials advokat-family.com.ua:
