✅ Divorce without the mutual consent of the spouses

Divorce without the mutual consent of the spouses

Our family lawyers are often asked the following questions: How to get a divorce without my husband's consent? Is it possible to divorce without the consent of the wife? How to delay divorce in Ukraine?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Divorce without the mutual consent of the spouses” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Divorce without the mutual consent of the husband and wife is possible in accordance with Ukrainian law. However, you should be aware that the divorce procedure without the consent of one of the spouses is much more complicated than with a mutual decision to divorce.

So, if the spouses do not have common minor children and both the husband and the wife have a desire to divorce, the process of divorce registration will take place at the registry office and its duration will be one month. If, other things being equal, the husband or wife does not agree with the decision regarding the divorce, then the process of divorce can be very delayed.

Therefore, it is very important to still conduct a divorce by mutual consent, thereby saving a significant amount of time and money.

If the spouses did not manage to come to an agreement, then the only option would be a divorce through court with children and without.

In the absence of mutual consent, the procedure for divorce in the registry office is excluded, and going to court becomes inevitable for a spouse who wants to divorce. There, representatives of the judiciary will be able to determine whether a divorce without mutual consent is the best solution in a particular case, or there are still chances to save the family as a unit of society.

If, during the consideration of the case, it is determined that the possibility of reconciliation of the spouses exists, then the husband and wife will be allocated time for reconciliation. It is this circumstance that increases the duration of the divorce proceedings.

At the same time, it is important to know that if one of the spouses wants to divorce, be it a husband or a wife, the divorce will in any case happen. The only difference will be in the duration of the process.

Therefore, even without obtaining the consent of the spouse, it is necessary to apply to the court with a statement of claim for divorce, where it will be possible to achieve the desired.

How to file an application for divorce without your spouse’s consent in Ukraine?

The application for divorce through the court and through the registry office plays a very important role. Since it is in it, in the statement of claim, the spouse (plaintiff) who wants to divorce expresses his wishes regarding the termination of family relations, motivating this decision with certain factors. Each person has their own reasons for divorce. Therefore, you cannot approach writing a statement of claim in a formulaic way. How correctly you can express your thoughts and requirements will significantly affect the duration of a divorce without the consent of your spouse.

In this regard, an increasing number of spouses turn to family lawyers for advice when divorcing, or generally entrust the drawing up of an application for divorce through the court and through the registry office to professionals in the legal field. This action gives confidence that the application will be written as competently as possible from a legal point of view, which guarantees the satisfaction of the interests of the plaintiff as soon as possible.

It also happens that a husband or wife, upon divorce, independently prepares an application for divorce through the court and through the registry office, wishing to save finances. In some cases, this leads to a positive result, but it also happens that a statement that is not executed correctly is sent back to the plaintiff to correct errors. Therefore, remember that how well the initial work will be done on the way to divorce, namely the preparation of a statement of claim for divorce without mutual consent, significantly affects the timing of a divorce through the court and through the registry office as a whole.

When is divorce not possible without the consent of a husband or wife in Ukraine?

When divorcing without consent, the desire of the husband or wife to dissolve the marriage is fundamental. The spouse expresses this desire in a statement of claim and in court it will certainly be considered.

However, the law, in particular the Family Code of Ukraine, provides for a couple of cases when it is impossible to apply for a divorce.

  1. Throughout the entire period of the wife’s pregnancy.
  2. In the case of a joint child or several children under the age of one year.

In each of these two cases, divorce becomes impossible. However, there are exceptions to these rules.

So, in the event that paternity is recognized by another man (not the husband) or illegal actions against the wife or other family members are recorded for the spouse, divorce from a pregnant wife is permissible.

Summing up, I would like to say that if the court determines the impossibility of preserving the family due to the conflict of interests of the spouses or non-observance of the interests of their children, then the divorce will take place even without the mutual consent of the husband and wife.

To effectively resolve a divorce case without the mutual consent of the spouses, you should contact professional family lawyers in Zaporozhye.

Divorce lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • will provide legal support for the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of divorce without the mutual consent of the spouses.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in resolving a divorce case without the consent of the spouse is to contact good family lawyers!

If the article “Divorce without mutual consent of the spouses” was useful for you, please like us. We will provide you with the most relevant and useful information in the field of family law, as well as inform you about new changes in the legislation of Ukraine regarding divorce without mutual consent of the spouses.

Frequently Asked Questions to a Family Lawyer in Ukraine

When is it impossible to apply for a divorce?
What are the exceptions to the rules regarding the possibility of divorce if you have a child under one year old or a pregnant wife?
In what cases can a marriage be dissolved without a trial?
Do I need the personal presence of the Client in court?
What documents are needed to initiate family litigation?
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
What is your experience with family affairs?
What is the cost of legal services in your company?
What is the cost of consulting a family lawyer?
Is it possible to pay for your services based on the result of resolving the issue?
Where is your office located and how do you work?

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Useful site materials advokat-skriabin.com:

  1. Divorce from a foreign citizen in Ukraine
  2. Quick divorce in Ukraine
  3. What documents are needed for a divorce?
  4. Application for divorce through the court and through the registry office
  5. International Divorce Lawyer
  6. Divorce procedure through the court and the registry office
  7. Divorce procedure without children
  8. Divorce without documents in Ukraine
  9. Divorce without the presence of a spouse
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Checked by Victoria on 23.06.21

ADVEGO

divorce 25 4.20
consent 15 2.52
wife 12 2.02
statement 12 2.02
husband 11 1.85
spouse 11 1.85
case 10 1.68
husband wife 8 1.34 / 2.69
divorce consent 7 1.18 / 2.35
claim 6 1.01
statement of claim 6 1.01 / 2.02
or 6 1.01
mutual 6 1.01
statement divorce 5 0.84 / 1.68
mutual consent 5 0.84 / 1.68
one 5 0.84
divorce 5 0.84
marriage 4 0.67
desire 4 0.67
however 4 0.67
therefore 4 0.67
child 4 0.67
solution 4 0.67
husband’s consent 4 0.67 / 1.34
consent of the husband of the wife 4 0.67 / 2.02
term 4 0.67
reach

Checked by Victoria on 05/17/21

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SKRIABIN
When is it impossible to apply for a divorce?
The Family Code of Ukraine provides for cases when it is impossible to apply for divorce - during the entire period of the wife's pregnancy and
in the presence of a common child or several children under the age of one year.
What are the exceptions to the rules regarding the possibility of divorce if you have a child under one year old or a pregnant wife?
So, in the event that paternity is recognized by another person (NOT the husband) or the husband has committed unlawful acts against his wife or other family members, divorce is permissible.
In what cases can a marriage be dissolved without a trial?
It is possible to dissolve a marriage in the registry office only in the absence of children and with the consent of both spouses. Otherwise, the marriage is terminated by the court.
We will accompany the divorce proceedings in court independently and as soon as possible.
Do I need the personal presence of the Client in court?
No. We value the time of our Clients and accompany turnkey litigations without their participation.
As a result, you receive a court decision that has come into force, which resolves your legal issue.
What documents are needed to initiate family litigation?
For the preparation and submission of documents to the court, only a copy of the Client's passport is sufficient. The rest of the documents, if necessary, are obtained (restored) by our lawyers.
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
Yes. We will accompany the dissolution of your marriage with a foreigner as soon as possible. Also, in the absence of one of the parties to the marriage in Ukraine, our lawyers will accompany the divorce proceedings without the participation of the Client and / or his spouse.
What is your experience with family affairs?
Our law firm has been successfully practicing in the legal services market since 2007.
What is the cost of legal services in your company?
The cost of services depends on the complexity and specifics of a particular family business. Our prices are affordable, competitive and always payback for our Clients.
What is the cost of consulting a family lawyer?
Initial consultation is provided free of charge.
Detailed consultation of a lawyer (up to 30 minutes) - from 300 UAH.
Is it possible to pay for your services based on the result of resolving the issue?
Yes. We, unlike other law firms, practice phased payment for services. The final settlement is only based on the result of the provision of legal services.
Where is your office located and how do you work?
We provide legal services remotely, online and in person at:
69000 Zaporozhye, 91 Cathedral Avenue, office 12 (Landmark: stop "Small Market", cinema "Zirka")
Opening hours: Mon.-Fri. 08-00 to 20-00, Sat. 11-00 to 15-00.
Pre-appointment for a consultation:
+38 (066) 777 37 33
+38 (097) 403 73 05
(Viber, WhatsApp, Telegram)