Going through a divorce is hardly a peaceful time as it is about emotions, property, children, and bureaucracy. When one of the spouses objects, it becomes critical to know whether marriage may be dissolved unilaterally and, in so doing, what things should be taken into consideration. For this, you need an experienced family lawyer from Alva Privacy to guide you through the process and find your way around all of the rules and procedures.
The second typical problem is that a person, though being ready to file a petition, does not know where to go – a civil registry office or court, either at the place of registration or at the actual place of residence – and what to do if the husband or wife is missing or stays abroad. To avoid going round in circles and missing the deadlines, please take a look at the relevant section on our law firm's website to figure out whether the requirements fit with your situation.
Summary
So it is indeed possible to get a divorce without your husband's consent. As a matter of Ukrainian law, a marriage may be dissolved on the initiative of either of the spouses by applying to court and, as it is sometimes the case, a civil registry office if the other spouse is declared missing or incapacitated or sentenced to imprisonment for three years or more. The other spouse's consent is not mandatory then.
When it is sufficient to apply to a civil registry office
A civil registry office dissolves a marriage under a petition filed by one of the spouses if:
- court has declared missing the other spouse;
- disability status of the other spouse has been established;
- there is a sentence for imprisonment of three years or more (the other spouse's signature is not required, but the verdict that took legal effect must be attached).
When court intervention is needed
Otherwise, if there is no consent but there are minor children in common, a property dispute, etc. or other spouse refuses to cooperate, the marriage may be dissolved by court action only. The court verifies whether the family is actually disrupted or not and may give time for reconciliation but is not required to do so if the marriage is merely nominal.
Limitations on the petition filed by the husband
A husband has no right to file for divorce without his wife's consent during her pregnancy and within a year after the child birth unless, for example, it is established that he is not the father of the child. The wife may file for divorce at any time.
Legal procedure: steps
- Legal action: Spouses' details, date of marriage, justification on why they can not live together.
- Enclosures: marriage certificate, child birth certificate or certificates, passport, other evidence, court fee payment receipt.
- The action must be filed with court at the respondent's place of registration or, if the current address is unknown, at the last known address.
- The court notifies the husband. If he fails to appear, this does not block the process as there may be an in absentia judgment.
- A reconciliation period (usually up to about three months) may be granted if a party so requests or at the court's sole discretion.
- Once the judgment has taken legal effect, you can expedite the process of such data recording by the civil registry office in the state register or simply wait for the court office to send the documents on its own.
If the husband is abroad or hiding
A divorce may be obtained remotely. Summonses are served at the last known address or by way of international legal assistance or publication. The court will not dismiss the case in view that the respondent is absent; a representative acting under a power of attorney will replace you, but it is better if you hire a lawyer from the very outset because the court will then have fewer questions to ask and you will save your time and money to a significant extent (no need to notarize and apostille the power of attorney, if you are abroad).
Domestic Violence: Be Quick to Respond
If there is a threat to safety, at the same time as the action is filed, you should request a protective order, contact restrictions, temporary determination of the children's place of residence, etc. This will work until the trial is over.
Children, alimony, property
By way of combining your claims, you may seek dissolving the marriage, determining the child's place of residence, establishing a procedure for communicating with the child, collecting the alimony, dividing assets. Alternatively, you may get divorced first and then deal separately with all of the other disputes. Such an option is faster and more desirable.
Documents
Please prepare in due course:
- passport and tax identification number;
- marriage certificate;
- child birth certificates;
- documents evidencing title to property and debts;
- evidence of violence committed or of separate living;
- power of attorney issued to the representative (if necessary).
How to speed up the process?
You should provide the court with correct contact information of your husband – emailing saves weeks of your time. Attach a draft settlement agreement so that the court will approve it faster; make use of video conferencing if you live in another region and of the other tools and techniques described by Alva Privacy lawyers in separate article on how to speed up the divorce process.
When you need a professional
It is when a foreign element is involved or there is a dispute over children, material property, signs of violence, all serving as a reason to engage urgently a lawyer to assist with the divorce. The law firm employs experienced specialists to handle divorce cases of various complexity and assist in getting the process through even in the face of legal opposition from the other party.
FAQ
- How much time does the process take? If there are no discrepancies and the parties willingly appear in court, it takes from 2 to 3 months on average to have the case resolved in the first instance court. If it is necessary to commission an expert examination, find the respondent's whereabouts or resolve issues involving the children and property, the trial may take from 4 to 6 months or even longer.
- Is it possible to get a divorce in the absence of the husband? Yes, it is. If he fails to appear, the court will consider the materials and may issue a default judgment. Later on, it will take legal effect unless an appeal is filed.
- What about the surname? In the divorce petition, you can request your maiden name be restored; alternatively, you can change it later at the civil registry office.
- Is it necessary to have the property divided in the first place? It is optional. You may file a separate application with the court within three years after you learn that your rights were violated. If so, please keep in mind that this is about a very complicated category of legal cases, so you would be better off if you engage a lawyer to deal with the division of your marital property right from the start!
Conclusion
A divorce can proceed without the husband's consent. The law suggests two ways to dissolve a marriage: either so called “administrative dissolution for certain marital statuses” or otherwise a judicial procedure. The sooner you gather the documents and choose a strategy, the less stress and expense you will have to face. Do not waste your time! A legal advice timely delivered by an experienced family lawyer from Alva Privacy and further legal support are capable of turning the tide in a difficult divorce process.
