Divorce without wife’s consent

Развод без согласия жены

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about whether it is possible to dissolve a marriage without the consent of the spouse and what to do if the wife does not agree to a divorce.

Even if one of the spouses is against, then divorce is allowed. In the usual case, a divorce without the consent of the spouse is possible only in court (through the court). In some cases, a marriage can be dissolved administratively (in the registry office): for example, if the wife is missing or declared legally incompetent.

There is no possibility of dissolution of a marriage with a woman during pregnancy or before the child is one year old (or within a year after a stillbirth).

The most common way to get a divorce without the consent of the wife is to go to court:

  • if there are no disagreements about children, but the children are under 18 years old, it will still be necessary to go to court;
  • if at least one of these conditions is not met, the divorce proceedings will have to take place in court.

The judge will carefully study the case materials, and if it is not possible to save the family due to the reconciliation procedure, then a decision will be made to dissolve the marriage. The certificate of divorce on the basis of a court decision is not disclosed.

When a divorce is carried out administratively, the marriage is officially terminated from the date of the corresponding entry in the civil registry book. If the spouses are divorced in court, the marriage is considered dissolved from the date of entry into force of the court decision.

The wife will need to prepare the following package of documents for divorce if the spouse does not agree:

  • Complaint for divorce;
  • Receipt of payment of the court fee (if there are no grounds for exemption from payment).
  • Passport and taxpayer code of a man.
  • Marriage certificate.
  • Information about the place of actual residence of the spouses (for example, an extract from the house register (or a copy thereof) or a certificate of residence).
  • Copies of all documents (except the receipt, but including the statement of claim) to be sent to the defendant.
  • Copies of the children’s birth certificates and a certificate of their actual residence (or similar parental extracts from the house book or its copy).
  • And when dividing property – its list, confirmation of property rights and certificates of earnings of both spouses.

A statement of claim for divorce if the wife does not agree in Ukraine

A claim for divorce by a man acting as a plaintiff is filed with the court at the place of residence of his wife, who will be the defendant. But if he, for health reasons or taking into account the duties of raising children, cannot come to this court, then you can initiate a divorce process at the place of residence of the man.

If the spouse does not appear at the court session, the consideration of the case may be postponed. But if the wife was duly notified, did not report the reasons for her absence, or the court recognized these reasons as disrespectful, then in accordance with the Civil Procedure Code of Ukraine, the judge may consider the case in absentia.

Within a month after the adoption of the court decision, the defendant has the right to appeal it to the Court of Appeal. If the complaint is not filed within the prescribed period, the court decision on the dissolution of the marriage comes into force. That is what will be the basis for the dissolution of the marriage.

If a man in the application describes in detail the real reasons that prompted him to end the marital relationship, this may somewhat simplify or speed up the divorce process. During the consideration of the judge, one way or another, it is necessary to find out the reasons for the divorce and check their reliability. If, after a comprehensive consideration of the case materials, reconciliation of the spouses is not possible, then the trial will continue, and as a result, the court will make an appropriate decision.

If the judge, on his own or at the initiative of the spouse, considers that the good things in the relationship of the spouses are temporary and can be resolved, then the spouses can be assigned a period for reconciliation (once or several times). In this case, the trial will be postponed for the period set for reconciliation. If during this time the spouse actually finds a common language and wants to stay married, then the divorce proceedings will be terminated.

It is important to note that it is not possible to file a complaint with the Court of Appeal against the postponement of the consideration of the divorce case in connection with this procedure, since this does not create obstacles to the further development of the case.

The total value of one or more such periods may not exceed six months. Determining the duration of the reconciliation period in each situation individually, there must be serious grounds for it, taking into account all the circumstances of the case. If such a procedure is capable of harming, goes against the interests of the children or the spouse herself (or simply cannot bring any benefit), then the court will not resort to it.

Also, useful information on the site “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: divorce unilaterally, is it possible to get a divorce without the consent of a husband or wife? , state duty and court fee for divorce, certificate of divorce, restoration of a divorce certificate, recognition of marriage as invalid in Ukraine, age of marriage in Ukraine, restoration of marriage, divorce in the presence of common minor children under 18 years old, divorce in Ukraine without a lawyer ( on one’s own).

Reasons for divorce

There is no official list of grounds for the mandatory dissolution of a marriage without the consent of the spouse. But it is highly likely that the court will dissolve the marriage if the cause of the family conflict is:

  • wife’s drug or alcohol abuse;
  • child abuse and/or even husband abuse;
  • wife’s adultery;
  • inability to have a child;
  • long-term residence separately;
  • having another family.

Regardless of the actual reason for the divorce, judges usually use the catchphrase “no further cohabitation”.

However, in some situations, the court refuses to dissolve the marriage if there are serious grounds to count on the restoration of a normal life together and, as a result, on the preservation of the family. Usually this happens to protect the interests of minor children. But in fact, such decisions are rarely made, especially when there are convincing arguments against saving the marriage.

Divorce in Ukraine in the registry office unilaterally

In general cases, if one of the spouses does not agree to a divorce, the divorce procedure is carried out in court. However, the current legislation of Ukraine provides for certain exceptions. Without the consent of the wife in the bodies of the DRATSS, it is possible to get a divorce only in cases where the wife:

  • recognized by the court as incompetent;
  • declared missing by court order.

In order to file for divorce without the consent of his wife in an administrative manner, a man will need to appear at the Civil Registry Office (or at the place of marriage registration, or at his place of residence) and provide the following list of documents:

  • divorce petition
  • Marriage certificate;
  • a receipt or other document confirming the fact of payment of the state duty in the amount;
  • your passport;
  • court decisions confirming the fact that the wife is incapacitated or missing.

The divorce procedure will be completed in a month from the date of submission of documents, the man will have to re-appear at the registry office on a certificate of divorce. This period is required, among other things, to notify the wife’s guardian, managing her property.

Services of a family law lawyer in Ukraine

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce without the consent of your wife.
  • 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 without the consent of the spouse will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in divorce without the consent of your wife.

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

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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Useful site materials rozluchennya-onlain.com.ua:

  1. How to divorce your husband without his consent
  2. Divorce with division of property in Ukraine
  3. Divorce in the presence of a dispute about children
  4. Divorce in district court
  5. Jurisdiction in divorce cases
  6. Divorce in court in Ukraine
  7. File a divorce through the registry office in Ukraine
  8. How to file a divorce
  9. Where to file for divorce
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