✅ File a divorce from an imprisoned husband

File a divorce from an imprisoned husband in Ukraine

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!

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!

If the article “To file a divorce from a prisoner person” was useful for you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding divorce from an imprisoned husband.

Frequently Asked Questions to a Family Lawyer in Ukraine

When does the wife of a convicted person need to file an application for divorce in court?
How is a divorce from a prisoner formalized through the registry office?
In what case is a simplified divorce from a prisoner possible?
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?

Useful site materials advokat-skriabin.com:

  1. Divorce from a pregnant wife
  2. Divorce in another city
  3. Divorce in Ukraine with Crimean registration
  4. Divorce for IDPs from Donetsk and Lugansk
  5. Divorce online through the court and the registry office
  6. Divorce by mutual consent
  7. Turnkey divorce without the presence of a spouse
  8. Divorce from children through court
  9. File for divorce from a foreigner
advokat-skriabin.com

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Checked by Victoria on 23.06.21

ADVEGO

divorce 46 5.09
conclude 28 3.10
divorce prisoners 27 2.99 / 5.98
husband 24 2.66
issue 14 1.55
family 14 1.55
file a divorce 13 1.44 / 2.88
statement 11 1.22
pitch 11 1.22
lawyer 10 1.11
solution 10 1.11
question 9 1.00
case 9 1.00
spouse 9 1.00
registry office 8 0.89
imprisoned husband 8 0.89 / 1.77
total 8 0.89
issue a divorce to prisoners 8 0.89 / 2.66
divorce by prisoner husband 8 0.89 / 2.66
required 7 0.78
family lawyers 7 0.78 / 1.55
legal 6 0.66
marriage 5 0.55
statement divorce 5 0.55 / 1.11
file a divorce 5 0.55 / 1.11
child 5 0.55
freedom 5 0.55
court 5 0.55
condition 5 0.55
desire 4 0.44
wife 4 0.44
lot 4 0.44

Checked by Victoria on 05/17/21

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SKRIABIN
When does the wife of a convicted person need to file an application for divorce in court?
It is necessary to file for divorce with a prisoner in court if the husband does not agree with the wife's decision to file a divorce, or the husband has common minor children with his wife.
How is a divorce from a prisoner formalized through the registry office?
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.
In what case is a simplified divorce from a prisoner possible?
According to Ukrainian law, a husband or wife has the right to file a divorce at the registry office in a simplified manner when the spouse is imprisoned for a period of 3 years or more and upon the entry into force of this court decision.
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, Cathedral Avenue 91, office 12 (Reference point: 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)