Divorce from a convicted person

Divorce from a convicted person

Today, the Family Law of Ukraine provides for the dissolution of a marriage with a convicted man in prison. However, it should be noted that this issue can only be resolved with the consent of both spouses, and also depends on the presence of common minor children. 

Family lawyer
photo_2021-03-22_17-16-36.jpg
Candidate of Legal Sciences
Today, the Family Law of Ukraine provides for the dissolution of a marriage with a convicted man in prison. However, it should be noted that this issue can only be resolved with the consent of both spouses, and also depends on the presence of common minor children.

Documents for divorce from a prisoner

In order to break off a family relationship with a convicted man, you need to collect the following documents:

  • passport and taxpayer code of the convicted person;
  • passport and taxpayer code of the person who decided to end the family relationship (or other document allowing identification);
  • a copy of the court’s conviction indicating the term of conviction and the type of punishment of the other party;
  • an application, consisting in the form established by the Cabinet of Ministers of Ukraine, and submitted to the civil registry office or a statement of claim, which is filed in court, indicating:
  • applicant’s passport details;
  • information about the spouse with whom the marriage is being dissolved;
  • the fact of the presence or absence of common minor children;
  • the surname that will remain with the applicant after the divorce;
  • the number of the registration document indicated in the marriage certificate, as well as the number of the marriage certificate itself;
  • place where the second man serves his sentence.

The collected documents, together with the application, are submitted to the civil registry office at the applicant’s place of residence or directly to the court along with a statement of claim for divorce.

What legal service is relevant to you?
Divorce from a convicted person
100%
Divorce
0%
Alimony
0%
Children
0%
Property division
0%
Other legal services
0%
Voted: 1

Divorce from a convicted person

Persons sentenced to imprisonment, 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 civil registration authorities by mutual consent with the second spouse, provided that there are no common minors children.

A claim for divorce by one of the spouses is filed at the place of actual residence of the convicted person (place of serving the sentence). In a claim for divorce from a convicted person, it is necessary to describe in detail all the available reasons why one of the spouses wants to separate.
Thus, the court makes a decision on the divorce of the convicted person if it is established that the further life together of the spouses and the preservation of the marriage contradicts 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 has been convicted of a criminal offense, can dissolve the marriage only in a judicial case. If the spouses do not have common minor children, then such a marriage can be dissolved by the Civil Registry Office bodies, however, with the consent of both parties to such 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 files an application for divorce, employees of the Civil Registry Office within three days inform the other party about this, as well as the date and place of dissolution of the family union. For this purpose, a response message is sent.

According to the legislation of Ukraine, the entire process is given a period of no more than one month, after which the official procedure for dissolving 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 by the civil registry office). An applicant who applies to the civil 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 entering into legal force, will be the basis document for divorce.

Can a convicted man file for divorce?

Even a man who is in prison can file for divorce. In this case, he must submit an application and all necessary documents in a general (not simplified) manner.

Divorce from a prisoner: conclusions

Divorce from a convicted person refers to a simplified procedure for terminating family relationships. However, if the party who is sentenced to imprisonment has any claims against a man who wants a divorce (in terms of distribution of property or determining the place of residence of children), then these issues must be resolved through the court, because serving a criminal sentence cannot deprive a person of the right to defend their rights and interests.

Why you need to work with a lawyer
Working with a lawyer
Online – without shelter
Quickly
No cost
Working independently
Personal presence
For a long time
With costs

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for divorce from a convicted person. 

Frequently asked questions to a lawyer
In what cases can a marriage be dissolved without court?
Is the Client's personal presence required in court?
What documents are required to initiate family law proceedings?
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
What experience do you have in family matters?
What is the cost of legal services in your company?
What is the cost of consulting a family law attorney?
Is it possible to pay for your services based on the results of resolving the issue?
Where is your office located and how do you work?
Family lawyer
If the article “Divorce from a convicted person” on the website rozirvannya-shlyubu.com.ua was useful for you, then criticize this article. Go and subscribe to our youtube channel to watch family law videos and stay updated changes in the family legislation of Ukraine.
Like this post? Please share to your friends:
Family lawyer
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: