One of the most common mistakes that can significantly delay the divorce and bring about additional costs is that the venue of the case was laid improperly. Many claimants mistakenly believe that they can file their claims with any court of their choosing or are guided by out-of-date information about the proper forum. However, Ukrainian law is explicit and clear about the court in which a divorce petition must be filed. Though these rules have been violated and a petition has been filed with an improper court, the petitioner would not consequently be disallowed from bringing such an action, as it is evident from the cases actually handled by divorce lawyers from Alva Privacy. Nevertheless, this can significantly deter the hearing of the case because the case is expected to be transferred to the court that is the proper forum.
General rule of venue
The Civil Procedure Code of Ukraine states that divorce actions must be brought by adhering to the general rule, i.e., at the registered place of residence of the respondent. It means that, to initiate divorce proceedings, you must file an action with the court at the place of registration of your husband or wife. It is important to understand that the actual place of residence may differ from the registered one, while it is the registered place that is crucial to decide on the venue.
When choosing the court you need to file your action you must be very mindful and take due account of the recent changes in the territorial and administrative division of Ukraine, changes in the boundaries of local communities and their merger or separation, including their renaming.
For your reference, as a matter of Alva Privacy's legal practice, we had a case with a person who sought legal assistance with divorce dissolution but could not subsequently “find” the whereabouts of his divorce case. When our lawyers stepped in to search out the case it turned out that the case file had been transferred to another court that actually was the proper forum. The applicant was misled about the court he needed because its name and the one of the district where the respondent had his registered place of residence were similar, i.e., Nikopol Town and District Court of Dnipropetrovsk Region and Nikopol District, Dnipropetrovsk Region. However, it was the Ordzhonikidzevskyi Town Court of Dnipropetrovsk Region that had jurisdiction over the case as the respondent resided in the town of Pokrov in the same Nikopol District.
Exceptions to the general rule
The legislator has provided for certain essential exceptions to the general rule allowing a divorce petition to be filed at the claimant's place of residence. Thus, the claimant may do so if he or she has minor children living together with the claimant as a family, if the claimant's health status prevents him or her from traveling to the respondent's place of residence, or if the respondent is kept in custody or serves a sentence in prison. In addition, if the respondent's place of residence is unknown, the petition may be filed at the place where his or her property is located or at his or her last known place of residence.
Specific cases and additional requirements
All of the other details relevant to the jurisdiction over divorce cases should be kept in mind as well. For example, if the claimant seeks the division of co-owned real property at the same time as he or she files a divorce petition the relevant claim should be filed at the place where such property is located. If the real property is located in different places, the jurisdiction should be accorded to the place where one of its parts is located, as the claimant may choose. These rules are often confusing if it goes to identifying the right court to file a petition.
Consequences of violating the venue rules
A violation of the venue rules gives rise to material procedural consequences. If an error is found when proceedings have just been initiated the court forwards the petition on its own and on its own initiative to the one of the proper forum, which forwarding may practically take from a couple of weeks to two or even three months. Such a material delay usually affects adversely the applicant’s psychological health as he or she wants to get divorced as soon as possible.
If an error is found after proceedings were initiated (but before the hearing on the merits) the case must be likewise forwarded to another court that is the proper forum. Moreover, the respondent in question has the right to submit in the court that the venue rules were violated and ask the case to be forwarded to another court of proper forum. If so, the entire process together with time that has already passed since when the petition was filed and the proceedings were initiating can practically take from one to three or even four months as well. All of this significantly defer the divorce process not alone but intensify emotional tensions between the parties, which are typical for such cases.
Specifics of laying the venue in terms of martial law and occupation of territories
The russian military aggression against Ukraine and the temporary occupation of its territories have significantly modified the way in which the venue is usually laid, particularly, for divorce cases. The legislative changes passed after 24 February 2022 are aimed at ensuring that citizens who were forced to leave their places of permanent residence due to hostilities or live in temporarily occupied territories still have access to justice.
As far as it goes to legal procedures for divorce in general and its specifics during martial law, we may say that the divorce in wartime remains pretty much the same as in peacetime. Significant changes are mainly about the administration of justice.
Thus, the President of the Supreme Court ordered the territorial jurisdiction of courts located in temporarily occupied territories to be transferred to courts that are (usually) territorially close to them.
Details of laying the venue for internally displaced persons
It is important to note that internally displaced persons (IDPs) are subject to special rules, according to which a divorce petition may be filed at the respondent's actual place of residence, as confirmed by an IDP certificate. This promotes significantly the access to justice for persons who have been forced to leave their homes due to ongoing hostilities. Still, we recommend monitoring the current case law of the Supreme Court because its legal stance on this matter has been changing in 2022 to 2025.
Thus, the procedural law dictates an action be brought at the registered place of residence of the respondent (one of the spouses). However, courts give different interpretations to the provision on registration of an IDP's place of residence. Some courts insist that this is not a registered place of residence in the meaning of procedural law and refer cases to the proper forum, i.e., courts that assumed jurisdiction of those from the temporarily occupied territories. The other courts, by taking guidance from Article 5 of the Law of Ukraine on Securing the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territories of Ukraine, stress that the place of registration of an IDP is his or her registered place of residence, so that they accept such actions for proceeding.
If you ultimately decide to bring an action with the court at the respondent’s place of registration in the temporarily occupied territory, that is, the court that assumed the other court’s territorial jurisdiction, it is important to check regularly current information available on the official web portal of the judiciary of Ukraine relating to specific courts who assumed jurisdiction over certain temporarily occupied territory because it may change as the situation on the front line develops.
Certain aspects of the administration of justice if you have your address within occupied territory
If the respondent stays in a territory not controlled temporarily by Ukrainian government bodies or territory of the aggressor state the court may render its judgment in the absence of the respondent (judgment in absentia), provided that the respondent has been properly advised of the trial through official web portals of the judiciary of Ukraine.
If you are not going to practice in handling legal proceedings on your own but merely want to get more information about the upcoming procedures we recommend you reading about the divorce options available to a person who stays in a temporarily occupied territory.
In this context, it is worth noting that procedural law is silent about how the claimant should send document copies to the respondent (the other spouse) if his or her place of registration is located in temporarily occupied territories. Therefore, the court must follow a special procedure to “send” documents to such persons and serve notices on them by way of publishing information on the official website. Accordingly, as evident from practical experience of Alva Privacy lawyers, it would be better in such cases if you file a petition in a paper form because then, unlike electronic filing, it is the court who bears an obligation to send documents.
Professional advice from a lawyer as a precondition to succeed
As it is the case with many legal consultations delivered by Alva Privacy Law Firm, a family law attorney’s professional services will help you figure out the venue correctly and avoid typical mistakes upon preparing a divorce petition. If the venue is correctly laid and due account is taken of all circumstances and aspects relevant to specific situation you will undoubtedly be in position to have the divorce case expediently and efficiently resolved without unnecessary delays and additional costs.
Written by Tetiana Shaposhnikova, Attorney-at-Law
