How to divorce your husband?

Развод по заявлению мужчины

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article I will tell you about how to dissolve a marriage with a husband in Ukraine.

How to divorce a husband in Ukraine?

The situation when a man filed for divorce is often in modern practice. The reason for this can be anything: from the infidelity of the spouses to the impossibility of cohabitation due to disagreements in life principles. A divorce from a spouse can be made both through the civil registration authorities and through the courts. The law establishes certain grounds for each case.

How to divorce a husband: features of the procedure in Ukraine

Family legislation of Ukraine provides equal rights to spouses in everything related to divorce. However, the husband’s rights are somewhat limited by the fact that he cannot part with his wife if:

  • she is pregnant;
  • they have a child under the age of one year.

Divorce can be done through the registry office or through the courts. But divorce from a spouse in the presence of a child is allowed only through the courts.

Divorce at the request of the husband in Ukraine

For divorce, you need to prepare the following documents:

  • Marriage certificate;
  • birth certificates of children;
  • documents confirming property claims (if any);
  • application to the authorized body;
  • a copy of the identity document of the applicant.

Application for divorce from one of the spouses in Ukraine

The basic ground for termination of marital relations is, as a rule, unwillingness or impossibility to be married in the future. When the spouses do not have common children under the age of 18, and also do not have property claims against each other. It will be possible to divorce his wife in the presence of claims and children only by going to court.

The DRACS body does not have the right to terminate a family union in the presence of at least one of the spouses, that is, the presence of both parties is mandatory. If the other party categorically disagrees with the dissolution of the marriage, the case can be resolved exclusively in court.

When a husband “leaves for divorce” without his wife’s consent, the institute of absentee proceedings is usually applied:

  • If the defendant, duly notified of the place and time of the court session, did not appear and did not report the presence of valid reasons for the absence, and also did not ask to consider the case in his absence, the court, after holding a hearing, may issue a decision in absentia. In this case, the defendant has the right to sue the court, which issued a default judgment. If he does not agree, he submits an application demanding a review of such a decision. This right may be exercised by the respondent within 30 days from the date on which a copy of this decision is served on him.
  • Later, if a good reason for the defendant’s failure to appear in court, which she could not report in a timely manner, is established, and evidence is considered that can influence the decision of the judicial authority, then the decision in absentia may be canceled. After that, the consideration of the case on the merits is resumed, however, this time the defendant is obliged to appear in court at the meeting, since the right to cancel the absentee decision can only be exercised by him once.

Having decided to terminate family relations, the first thing a man should do is to determine what the order will be – administrative or judicial. Then you need:

  • collect documents and prepare an appropriate application to the DRACS authorities or a statement of claim;
  • apply to the registry office or to the court;
  • an application is submitted to the court in 3 copies – for the plaintiff, for the court and for the defendant, as well as copies of all collected documents (attachments);
  • within a month, the case must be accepted for consideration, after which a court session is held, at which the issue is resolved on the merits (the relevant decision of the judicial authority can be appealed within 30 days from the date of its issuance).

A claim for divorce from a husband in Ukraine

If the case is subject to consideration in court, then a statement of claim must be drawn up, which indicates:

  • the name of the judicial authority against which the application is being made;
  • claimant’s name and place of residence;
  • the defendant’s name and place of residence;
  • the reasons why the preservation of the marriage is impossible for the plaintiff possible;
  • information that divorce through the registry office is impossible;
    receipt of payment of the court fee;
  • list of documents to be attached to the application.

In addition, it is important to indicate in the document:

  • place and date of registration of marriage;
  • the presence of common children, as well as their age;
  • the presence (or absence) of an agreement on the upbringing and maintenance of children;
  • the presence of other requirements to be considered simultaneously with the divorce suit;
  • other information potentially significant in the consideration of the case on the merits.

Also, useful information on the website “Divorce Online” of the family lawyer Aleksey Nikolaevich Skryabin may be for you: divorce at the request of the guardian of one of the spouses, court fee for divorce in court, how divorce occurs in court 2022, settlement agreement in divorce, court decision on divorce , divorce from an incompetent husband, divorce after the death of her husband, the moment of termination of marriage during a divorce, change of surname during a divorce, replacement of a passport after a divorce.

Conclusion

A man has the right to take the initiative in making a decision to dissolve a marriage, just like a wife. However, dissolution of the marriage with the wife during her pregnancy and the year from the date of birth of the child is impossible.

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 at the request of a 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 at the request of a man will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in divorce at the request of a man.

Take the first step towards your victory in a divorce legal case on the application of a 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 wife
  2. How and where to file for divorce online
  3. Divorce by mutual consent
  4. Divorce without wife’s consent
  5. How to divorce your husband without his consent
  6. Divorce with division of property in Ukraine
  7. Divorce in the presence of a dispute about children
  8. Divorce in district court
  9. Jurisdiction in divorce cases
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