✅ File a divorce from an imprisoned husband

File a divorce from an imprisoned husband in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are very often asked the following questions: How to dissolve a marriage with a convicted person? How to get a divorce if the marriage was concluded in prison? How to file a divorce petition?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “To file a divorce from an imprisoned husband” 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.

What is the procedure for divorcing a prisoner in Ukraine?

Divorce from a prisoner has a lot in common with the classic divorce procedure. At the heart of both cases is the unwillingness of one of the spouses (and sometimes even both) to maintain family relations, which leads to the need to file for divorce.

According to statistics, it is women who are more likely to face the issue of divorce from a prisoner. In such cases, their desire to file for divorce can be explained by significant changes in the life of a spouse who was imprisoned by a court decision. The life of such a citizen undergoes significant changes, and therefore the husband himself cannot remain the same. This circumstance forces the spouse, who is at large, to file for divorce.

How to file a divorce if the husband is convicted in Ukraine?

If there is a desire, it is quite possible to file a divorce from a prisoner. And despite the stay of the husband in a place of imprisonment, you can file for divorce not only in court, but also file a divorce at the registry office. The authority where you can apply for a divorce from a prisoner is determined on the basis of compliance with certain conditions.

Divorce from imprisoned husband through court in Ukraine

It is necessary to file for divorce from a prisoner in court if:

• the husband does not agree with the wife’s decision to file a divorce (divorce without the mutual consent of the spouses);
• the husband has common minor children with his wife (divorce from children).

If at least one of these conditions is present, it becomes impossible to file a divorce from a prisoner through the registry office and the spouse is forced to file an application for divorce in court.

However, as in all cases, there are exceptions to the rule. Divorce from a prisoner also has its own characteristics.

So, even in the absence of the consent of the imprisoned husband for a divorce or the presence of common minor children between the spouses, a divorce is possible through the registry office. To do this, you must file an appropriate application for divorce from the prisoner, having understood the issue in detail.

How quickly to divorce a convicted person in Ukraine?

According to Ukrainian law, a husband or wife has the right to file a divorce at the registry office in a simplified manner. This rule is limited by the following conditions.

1. Recognition of her husband as missing.
2. Recognition of her husband as absolutely incapacitated.
3. Imprisonment of the husband for a term of 3 years or more upon the entry into force of the court decision.

At the same time, the presence of common minor children, as well as the absence of the consent of the husband, does not cause the need to file a divorce from the prisoner in court. However, it should be understood that in this case, through the registry office, only the issue of divorce is resolved. And if the spouses have disputes about the children, then it will be necessary to use the services of the judiciary to resolve this issue.

Thus, knowing these conditions for a divorce from a prisoner in a simplified manner, the spouse can exercise her legal right and file a divorce without resorting to court proceedings.

Divorce from an imprisoned husband through the registry office in Ukraine

If the consent of the imprisoned husband is nevertheless obtained and the spouses do not have common minor children, then it is possible to file a divorce from the prisoner through the registry office.

As with the classic divorce through the Civil Registry Office, the basis for divorce from a prisoner is a common application for divorce by the husband and wife.

Considering that at the time of the decision to dissolve the marriage, the husband has no physical opportunity to file an application, it is permissible to file a divorce without his presence.

For this, it is necessary for the husband to write an application for divorce and to certify it with the head of the prison. After the transfer of this application to the spouse, who is at large, the application must be submitted to the registry office.

The location of the spouse makes it possible to submit two applications instead of one common one. Thus, both husband and wife, being in different places and conditions of life, express a common desire to formalize a divorce.

Raising the issue of divorce from a prisoner, it is important to know that the success of the case in question depends, first of all, not on the desire to divorce, but on many other factors and tasks. Among them, the main ones are the following:

• it is necessary to legally correctly file an application for divorce from a prisoner;
• prepare all related documents for divorce;
• correctly calculate and pay the state duty in case of divorce on time;
• unmistakably determine the jurisdiction of the case.

And despite the fact that a large amount of information is freely available on the topic of divorce from an imprisoned husband, it must be remembered that laws are changed much more often than many sites update information. That is why divorce lawyers are more reliable sources for identifying the necessary nuances in resolving your issue.

In this regard, we recommend contacting experienced legal professionals who will help you arrange a divorce from a prisoner as quickly and comfortably as possible.

Family lawyer in divorce cases from imprisoned husband in Ukraine

For an effective resolution of a divorce case from a prisoner, you should contact professional family lawyers.

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;
• accompanies the course of the entire trial.

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

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of divorce from a prisoner.

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 from an imprisoned husband is to contact good family lawyers!

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