Divorce in the registry office without the presence of spouses

Divorce in the registry office without the presence of spouses

According to the Family Code of Ukraine, the procedure for state registration of divorce in the registry office for the above circumstances is carried out in accordance with the requirements of the Rules for State Registration of Civil Status Acts.

The procedure for divorce is as follows:

• Submission of an appropriate application by the spouse who wants to dissolve the marriage to the registry office at the place of residence or at the place of marriage registration. Moreover, such a statement has a form approved by law.
• Payment of state duty in accordance with the requirements.
• Presentation of additional documents. Such documents include – documents proving the identity of the applicant (i.e. we are talking about a passport), a marriage certificate, a court decision declaring a person missing or incapacitated.

After submitting the above documents to the registry office, the date of divorce is set by its employee. In this case, a divorce can be carried out no earlier than one month after the date of filing the application and only in the presence of the parties (the applicant).

Upon receipt of the relevant application, the employee of the registry office informs about it and the date of divorce within three days by sending a notification to the following persons (depending on the basis):

• guardian (body of guardianship and guardianship) of an incapacitated man;
• property manager who is missing.

On a certain date, the registrar performs the dissolution of the marriage and issues a certificate of divorce. In addition, he also returns a marriage certificate with the appropriate mark (if any).

Dissolution of marriage without the presence of a spouse in court

I want to leave my husband. He does not give me consent, but he is recognized as incompetent, I am his guardian. Should a divorce be filed through the courts?

In your case, in accordance with the IC of Ukraine, it is possible to dissolve a marriage in the registry office, however, if you are both the applicant and the guardian, then a conflict of interest may arise. In this regard, the interests of your spouse should be represented by guardianship and guardianship authorities.

Divorce without the participation of spouses through the court

In conclusion of the issue under consideration on the possibility of dissolution of marriage without the participation of one of the spouses, I would like to draw attention to the following points:

1. The list of grounds for the implementation of such a divorce process is exhaustive.
2. The applicant must have the necessary additional documents, obtained in the prescribed manner, to confirm the circumstances relating to the fate of the funds of the second half.
3. Obligation to pay the state duty for the performance of registration actions.

Family Lawyer Services

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce at the registry office without the presence of spouses.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or a lawyer, your divorce case at the registry office without the presence of spouses will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in divorce at the registry office without the presence of spouses.

Alexey Skryabin

Family Lawyer

Our many years of experience in the legal field is a guarantee of your success - this is what you need to solve your problem.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal divorce case in the registry office without the presence of spouses, call or write to a lawyer and you will receive answers to all your questions.