Divorce without wife’s consent

Even if one of the spouses is against it, divorce is allowed. In a normal case, a divorce can be filed without the consent of the spouse only through a judicial procedure (through the court). In some cases, a marriage can be dissolved administratively (by the registry office): for example, if the wife goes missing or is declared incompetent.

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).

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

  • if there are no disagreements regarding children, but the children are under 18 years of age, it will still be necessary to go to court;
  • If at least one of these conditions is not met, the divorce process 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, a decision will be made to dissolve the marriage. The certificate of divorce based on 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 registration book. If the spouses divorce in court, the marriage is considered dissolved from the date the court decision comes into force.

How to get a divorce without your wife’s consent?

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

  • Statement of claim for divorce;
  • Receipt for payment of the court fee (if there are no grounds for exemption from payment).
  • Male 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.
  • Copies of the children’s birth certificate and a certificate of their actual place of residence (or similar parental extracts from the house register or a copy thereof). And subject to the division of property – a list of it, confirmation of ownership rights and certificates of earnings of both spouses.

Statement of claim for divorce if the wife does not agree

The man, acting as the plaintiff, files a statement of claim for divorce with the court at the place of residence of his wife, who will be the defendant. But if, for health reasons or due to his responsibilities for raising children, he cannot come to this court, then divorce proceedings can be initiated at the man’s place of residence.

If the spouse fails to appear at the court hearing, 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 found these reasons to be disrespectful, then, in accordance with the Civil Procedure Code of Ukraine, the judge can consider the case in absentia.

Within a month after the court decision is made, the defendant has the right to appeal it to the court of appeal. If the complaint is not filed within the prescribed period, then the court decision on divorce comes into force. This will be the basis for divorce.

How to divorce a marriage without the wife’s consent?

If a man in a statement describes in detail the real reasons that prompted him to end the marital relationship, this may somewhat simplify or even speed up the divorce. During the proceedings, the judge somehow needs to find out the reasons for the divorce and check their authenticity. If, after a comprehensive review of the case materials, reconciliation of the spouses is not possible, then the trial will continue, and ultimately the court will make an appropriate decision.

If the judge, independently or on the initiative of the spouse, considers that the sweets in the relationship between the spouses are temporary and can be resolved, then the spouses may be given a period for reconciliation (once or several times). In this case, the trial will be postponed for the period established for reconciliation. If during this time the spouses actually find a common language and want to stay married, then the divorce proceedings will be terminated.

It is important to note that you cannot file a complaint with the appellate court to postpone the consideration of the divorce case in connection with this procedure, since this does not create obstacles to the further progress of the case.

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

Reasons for divorce

There is no official list of grounds for mandatory divorce without the consent of the spouse. But there is a high probability that the court will dissolve the marriage if the cause of the family conflict is:

  • spouse’s drug or alcohol abuse;
  • abuse of children and/or even husband;
  • wife’s adultery;
  • inability to bear a child;
  • long-term living alone;
  • presence of another family.

Regardless of the actual reason for the divorce, judges usually use the universal formulation “impossibility of further cohabitation.”

However, in some situations, the court refuses to dissolve a marriage if there are serious reasons to expect the restoration of a normal life together and, as a result, the preservation of the family. This usually occurs to protect the interests of minor children. But in fact, such decisions are rarely made, especially if there are compelling arguments against preserving the marriage.

Divorce 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, the DRATS authorities can divorce only in cases where the wife:

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

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 (either at the place of marriage registration, or at his place of residence) and provide the following list of documents:

  • application for divorce
  • marriage certificate;
  • a receipt or other document confirming the fact of payment of the state duty;
  • your passport;
  • court decisions confirming the fact that the wife is incompetent or missing.

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

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 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 case of divorce without the consent of your wife will be resolved more professionally and quickly.

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

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

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

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