Publication date: 21.10.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The divorce process is often an emotionally difficult and legally complicated stage for a married couple, especially when one of the parties does not agree to the breakdown of relations. In Ukraine, the legal system allows for divorce even without the consent of the other party, but this process has its own peculiarities. In this article, we will look at the main aspects of divorce without consent, the rights and obligations of both parties, as well as possible legal complications.
What are the grounds for divorce without the other party's consent?
In Ukraine, according to the current legislation, either spouse can initiate a divorce, even if the other party does not agree to the divorce. However, there are certain restrictions and requirements for such a process. The main grounds for divorce without the other party's consent include:
The absence of an actual marital relationship between the spouses.
- Long-term absence of cohabitation.
- Systematic violation of marital duties by one of the parties.
Mistakes to avoid in an uncontested divorce
- Unconfirmed facts of a broken relationship.
One of the most common mistakes is the lack of evidence that the marriage relationship has actually ended. If the other party objects to the divorce, the court must be provided with documentary evidence of the termination of the relationship, prolonged separation, or other circumstances that confirm the impossibility of further living together.
- Lack of knowledge of rights and obligations.
Spouses who file for divorce are often not fully aware of their rights and obligations in this process. It is important to understand that divorce can have significant consequences for property rights, child custody, and alimony obligations.
- Ignoring the conciliation procedure.
Sometimes spouses do not take into account that the court may offer a conciliation procedure, especially if there are children or if the divorce may seriously affect the other parties. Ignoring this stage can lead to a delay in the process or the need to go to court again.
The procedure for divorce without the consent of the other party
- Filing a statement of claim with the court.
If one of the parties does not want a divorce, it is possible to dissolve the marriage only through the courts. To do this, you need to prepare and file a statement of claim with the court at the defendant's place of residence. The application must specify the reasons for the divorce and attach evidence confirming the impossibility of further cohabitation.
- Court proceedings.
The judge has the right to invite both parties to a hearing and offer them reconciliation. If this is not possible, the court decides on the divorce based on the documents and testimony submitted. In some cases, the court may postpone the proceedings for a certain period of time for the parties to reconcile.
- Final court decision.
After analysing all the materials, the court makes a decision on the divorce. This decision comes into force after the expiration of the appeal period (usually 30 days). After that, you can obtain a divorce certificate from the following authorities.
Rights of the parties in a divorce
- The right to protect property interests.
Even in the event of a divorce without the consent of the other party, spouses have the right to a fair division of joint property. The law provides for an equal division of jointly acquired property, unless otherwise provided by a marriage agreement or court decision.
- Child custody.
If there are minor children, the divorce agreement determines the terms of child custody. The court takes into account the interests of the children, their wishes and the ability of each parent to provide appropriate conditions for their upbringing. - The right to alimony.
Even after a divorce, one of the spouses has the right to receive alimony for the maintenance of children and, in some cases, for their own maintenance.
Tips for a successful divorce without the other party's consent
- Consultation with a lawyer.
Before starting the process, it is important to get legal advice to understand your rights, obligations and possible consequences. A lawyer will help you to draw up a statement of claim and prepare the necessary documents.
- Preparation of evidence.
In order for the court to make a decision on divorce, you must provide evidence of the impossibility of continuing to live together. This can be witness testimony, correspondence, medical documents or other evidence. - Balance in actions.
The process of divorce can be emotionally difficult, but it is important to act in a balanced manner and not to engage in conflicts with the other party. This will reduce the risk of delaying the process and avoid additional problems.
Question
Can I initiate a divorce if the other party is strongly against the divorce?
Answer
Yes, in Ukraine you can initiate a divorce even without the consent of the other party. To do this, you need to file a lawsuit with the court, which will consider your case and make a decision based on the evidence provided. It is important to prepare evidence that the marriage relationship has actually ended and that further living together is impossible.
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Delaying the process through reconciliation. The court may appoint additional time for reconciliation of the parties, which will delay the divorce process.
Incorrect filing of a claim. Errors in the statement of claim may result in the return of documents for correction or delays in the consideration of the case.
Legal disputes over property. The division of property is often a contentious issue that requires additional litigation and can delay the divorce process.
Divorce without the consent of the other party is possible in Ukraine, but this process requires legal preparation, including gathering evidence of the impossibility of further cohabitation. Divorce through the courts is a complex procedure that can take several months, especially if there are property disputes or minor children. To minimise the risks and successfully go through this process, it is important to seek legal advice, properly prepare all the necessary documents and act prudently at each stage of the proceedings.
