Divorce without husband’s consent

The Family Code of Ukraine provides for the possibility of divorce without the consent of one of the spouses. A unilateral divorce can be accomplished through the registry office if the man is incapacitated or missing. In other situations, if there is no mutual consent for divorce, it will be necessary to go to court. The court finds out the reasons for the disagreements and takes measures to preserve the family, and if for a number of reasons this is impossible, then it makes a decision on divorce.

There is no possibility of divorce from a woman during pregnancy or before the child turns 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 for a divorce, then in general the divorce occurs through the court. But there are exceptions. According to the Family Code of Ukraine, divorce on the initiative of the wife without obtaining the consent of the husband can be carried out through the registry office if the husband:

  • declared incompetent by a court decision;
  • declared missing by the court.

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

Their list includes:

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

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

Divorce if one of the spouses does not agree through the court

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

Statement of claim for divorce

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

  • Receipt for payment of the court fee (if there are no grounds for exemption from payment).
  • Wife’s passport and taxpayer code.
  • Marriage certificate.
  • Information about the place of actual residence of the spouses (for example, extracts from the house register (or a copy thereof) or 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, the above list of documents will be supplemented with birth certificates of the children and certificates of their actual place of residence (copies of the house register or extracts from it are also suitable). And in the case of division of property, you will need a list of documents on ownership, certificates of income of both the wife and husband.

Divorce 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 reconciliation of the spouses is impossible, the court continues the hearing and makes a decision on the case (to dissolve the marriage).

If the man does not come to the court hearing, 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 will appeal to the appellate court. 30 days are allotted for this from the date of the court decision. If during this time the complaint is not received, then the decision comes into force and the marriage is considered dissolved.

If dissolved by the civil registry office, the marriage is considered terminated from the date of entry into the civil registration book. In case of a divorce in court, the moment of divorce is the day the court decision enters into legal force.

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

  • male alcohol or drug abuse;
  • men cheating;
  • abuse of wife and/or children;
  • long-term living alone;
  • inability to bear a child;
  • presence of another family.

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

Some courts check the seriousness and veracity of the reasons leading to divorce (the true nature of the relationship between the spouses is clarified in order to take measures to preserve the family). In some cases, the court may refuse a divorce if there are grounds to believe that further life together and preservation of the family is 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 divorce and does not seek to delay the divorce process, especially if the wife gives convincing facts and arguments against further living together with her husband.

Reconciliation of spouses upon divorce in court

In the statement of claim, it is advisable to set out 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 materials indicating that living together and preserving the family does not make sense, that is, the family has already been completely destroyed. If the judge considers (himself or at the initiative of the spouse) that the disorder in the family is temporary and the problems can be resolved, 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 such a case are terminated.

It is important to note that the court’s ruling to postpone the consideration of the case under this procedure is not subject to appeal to a higher court. This is due to the fact that such a definition does not interfere with the progress of the case in the future.

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

Conclusion

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

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce without the man’s consent.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your case of divorce without the man’s consent will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance regarding divorce without the man’s consent.

Alexey Scriabin
Alexey Scriabin
Family lawyer
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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.

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