Divorce with a convict
To date, the Family Law of Ukraine provides for the dissolution of a marriage with a convict who is in places of deprivation of liberty. However, it should be noted that this issue can be resolved only with the consent of both spouses, and also depends on the presence of common minor children.
Dissolution of marriage with a convicted person
Persons sentenced to deprivation of liberty, regardless of the term of punishment, have the opportunity to initiate the issue of dissolution of their marriage in court, with the participation of a representative, or to dissolve the marriage in the state registration of civil status acts (RACS) by mutual agreement with the second spouse, provided that there are no joint minors children.
A claim for divorce by one of the spouses is filed at the place of actual residence of the convict (place of serving the sentence). In a claim for dissolution of a marriage with a convict, it is necessary to describe in detail all the reasons why one of the spouses wants to get a divorce.
Thus, the court decides on the dissolution of the marriage by the convict, if it is established that the further life of the spouses and the preservation of the marriage are contrary to the interests of one of them, the interests of their children, which are of significant importance.
If there are common minor children, the spouses, one of whom is convicted of a criminal offense, can dissolve the marriage only in a court case. If the spouses do not have common minor children, then such a marriage can be dissolved in the bodies of the DRAC, however, with the consent of both parties to such a dissolution of the marriage.
The basis for dissolution of marriage, which will speed up the divorce process, is the mutual consent of the spouses.
After one of the parties submits an application for divorce, the employees of the registry office within three days inform the other party about this, as well as the date and place of termination of the family union. For this, a response message is sent.
According to the legislation of Ukraine, a period of no more than one month is given for the entire such process, after which the official procedure for terminating the family union takes place with the obligatory presence of the applicant.
On the same day, a certificate of divorce is issued (if the marriage was dissolved in the registry office). An applicant who applies to the registry office must first pay a state fee.
If the marriage is terminated in court, then each of the spouses is issued a court decision, which, after coming into force, will be the basis document for the dissolution of the marriage.
Documents for divorce with a prisoner
In order to break off family relations with a convicted man, you need to collect the following documents:
- passport and taxpayer code of the person who decided to terminate family relations (or other document that allows identification);
- passport and taxpayer code of the convict;
- a copy of the guilty verdict of the court indicating the term of conviction and the type of punishment of the other party;
- an application, consisting of the form established by the Cabinet of Ministers of Ukraine, and submitted to the registry office or a statement of claim, which is submitted to the court, indicating:
- passport details of the applicant;
- information about the wife with whom the marriage is terminated;
- the fact of the presence or absence of common minor children;
- the surname that will be left for the applicant after the dissolution of the marriage;
- the number of the act record indicated in the marriage certificate, as well as the number of the marriage certificate itself;
- place of serving the sentence by the second man.
The collected documents, together with the application, are submitted to the registry office at the applicant’s place of residence or directly to the court along with a statement of claim for divorce.
Can a convicted man file for divorce?
Even a man who is in prison can file for divorce. At the same time, he must submit an application and all necessary documents in a general (not simplified) manner.
Dissolution of a marriage with a prisoner: conclusions
Divorce from a convict refers to a simplified procedure for terminating family relations. However, if the party sentenced to imprisonment has any claims against a man who wants a divorce (in terms of the distribution of property or determining the place of residence of children), then it is necessary to resolve these issues through the court, because serving a criminal sentence cannot deprive a person of the right to defend their rights and interests.
Family Lawyer Services
A family lawyer will provide you with legal advice and help you draw up all the necessary documents for the dissolution of a marriage with a convict.
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 with a convict will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in dissolution of marriage with a convict.
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Take the first step towards your victory in a legal case on dissolution of a marriage with a convict, call or write to a lawyer and you will receive answers to all your questions.
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