How to divorce your husband without his consent

Contents

How to divorce a husband without his consent in Ukraine
How to get a divorce without the consent of the husband through the registry office in Ukraine
Dissolution of marriage if one of the spouses does not agree through the court in Ukraine
Divorce in Ukraine, if one of the spouses does not agree
Grounds for dissolution of marriage in Ukraine without the consent of the spouse
Reconciliation of spouses in case of dissolution of marriage in court
Conclusion
Services of a family law lawyer in Ukraine

Family lawyer in Ukraine

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 one of the spouses and what to do if one of the spouses does not agree to a divorce.

The Family Code of Ukraine provides for the possibility of divorce without the consent of one of the spouses. Breaking up a marriage unilaterally can be done through the registry office if the man is incapacitated or missing. In other situations, in the absence of mutual consent to divorce, it will be necessary to go to court. The court finds out the reasons for the disagreement and takes measures to preserve the family, and if for a number of reasons this is not possible, then it decides on a divorce.

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).

According to the legislation of Ukraine, if there is no consent of one of the spouses to divorce, then in the general case, the dissolution of the marriage takes place through the court. But there are exceptions. According to the Family Code of Ukraine, divorce at the initiative of the spouse without obtaining the consent of the husband can be carried out through the registry office if the man:

recognized as incompetent by a court decision;
recognized by the court as missing.

To start the divorce procedure, the wife needs to contact the registry office at the place of marriage registration or at her place of residence. At the same time, you need to know what documents are needed for a divorce without the consent of a man.

Their list includes:

spouse’s passport;
receipt of payment of state duty;
Marriage certificate;
an application for divorce in the form prescribed by law;
a court decision to confirm that the man is missing or incapacitated.

A month after the filing of the documents, the marriage will be dissolved, for which the wife will need to come back to the registry office and receive a certificate of divorce. During this month, the registry office, depending on the specific situation, informs the property manager or guardian.

Dissolution of marriage if one of the spouses does not agree through the court in Ukraine

If the situation with the spouse does not fall under the above exceptions and no one has heard consent to divorce, then divorce can only be done in court. The wife (plaintiff) must draw up and file a statement of claim with the court at the place of residence of the husband (defendant). If she is unable to come to this court due to child-rearing responsibilities or health reasons, the case may be heard at the wife’s place of residence.

Petition for divorce

In addition to the application, the wife will need to provide the court with the following documents for divorcing her husband without his consent:

Receipt of payment of the court fee (if there are no grounds for exemption from payment).
Wife’s passport and tax code.
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.

If the spouses have children, then the above list of documents will be supplemented by birth certificates of children and certificates of their actual place of residence (copies of the house book or extracts from it are also suitable). And in the case of the division of property, you will need a list of documents on the right of ownership, certificates of income of both the spouse and the husband.

Divorce in Ukraine, if one of the spouses does not agree

The judge finds out the real reasons for the divorce, because they may not coincide with those indicated in the application. If the reconciliation of the spouses is impossible, the court continues consideration and makes a decision on the case (divorce).

If the man does not come to the court session, the case may be postponed. But, if he was notified, the reasons for his absence are unknown or not valid, the court has the right to consider the case in absentia in accordance with the Civil Procedure Code of Ukraine.

Often the defendant files a complaint with the Court of Appeal. This has 30 days from the date of the judgment. If during this time the complaint is not received, then the decision comes into force, and the marriage is considered dissolved.

In case of dissolution in the bodies of the DRACS, the marriage is considered terminated from the date of making an entry in the register of civil status acts. In case of a divorce in court, the moment of dissolution of the marriage is the day the court decision enters into legal force.

Grounds for dissolution of marriage in Ukraine without the consent of the spouse

The laws do not contain a clear list of grounds on which a marriage must necessarily be terminated, even if the man is against it. The court is highly likely to terminate the marriage for the following reasons for a family conflict:

a man’s abuse of alcohol or drugs;
betrayal of a man;
abuse of wife and/or children;
long-term residence separately;
inability to have a child;
having another family.

In these and other cases, judges use the wording “the impossibility of further cohabitation”.

Some courts check the seriousness and veracity of the reasons leading to divorce (it turns out the true nature of the relationship between husband and wife in order to take measures to preserve the family). In some cases, the court may refuse to divorce if there are reasons to believe that further life together and the preservation of the family are still possible. More often this happens when the court takes into account the interests of minor children. But in practice, the court rarely refuses to dissolve the marriage and does not seek to delay the divorce process, especially if the wife provides convincing facts and arguments against further life together with her husband.

Reconciliation of spouses in case of dissolution of marriage in court

In the statement of claim, it is desirable to state in detail the reasons for the divorce, because the dissolution of the marriage will be carried out by the court after a full and comprehensive study of all the materials indicating that the common life and the preservation of the family do not make sense, that is, the family has already been completely destroyed. If the judge considers (by himself or at the initiative of the husband) that the disorder in the family is temporary and the problems can be settled, the spouses are given a period of up to 6 months for reconciliation. If during this period the wife and husband really reconcile, then the proceedings in this case are terminated.

It is important to note that the decision of the court to postpone the consideration of the case under this procedure is not subject to appeal in a higher court. This is due to the fact that such a definition does not create obstacles for further movement.

Such measures can be taken several times, but the total amount of the reconciliation period should not exceed six months, and quite often it turns out to be less. In each specific situation, the court sets an individual time limit, taking into account all the circumstances, since this procedure must contain real grounds. Such a procedure is not applied when it is obvious that it is useless or even harmful, when it is clear that the preservation of the family is impossible and contrary to the interests of children or spouses.

Also, useful information on the site “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: how to survive a divorce, how to build a relationship with a man, how to dissolve a marriage in Ukraine 2022? , grounds and procedure for dissolution of marriage, a sample application for divorce in Ukraine, file a lawsuit for divorce in court in Ukraine, documents for divorce through the court, documents for divorce through the registry office, divorce through the court, divorce in the registry office.

Conclusion

Divorce without the consent of the man is quite real and will take an average of two to four months. Divorce through the registry office is faster and more convenient, but it is not always possible to apply the method. Most likely, the wife will have to go to court. In a divorce, judges try to balance the interests of the wife, husband and children (if any). The preservation of the family is also an important task; there is a conciliation procedure for its implementation. But, as practice shows, it is sometimes in vain.

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 the man.
We are responsible for the quality of legal services and guarantee a positive result.
With the help of a family lawyer or lawyer, your divorce case without the consent of the man will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in divorce without the consent of the man.

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

Family lawyer in Ukraine

Scriabina Daria Sergeevna

PhD in Law

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