Publication date: 16.04.2024
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The conduct of hostilities on the territory of Ukraine may create certain difficulties in the dissolution of marriage and circumstances that affect the division of property, the determination of custody of children and other aspects of family law.
For example, in the event of a military conflict, when people are forced to leave their homes and seek refuge elsewhere, divorce procedures may be difficult to complete due to remoteness, lack of access to necessary documents, or other circumstances.
Therefore, in cases of martial law or military conflict, additional assistance and support may be needed from human rights organizations, international agencies or non-profit organizations that specialize in family and refugee rights.
Such a situation can indeed occur in the context of a military conflict, when people are forced to leave their homes and seek safety in other countries. In such cases, divorce can be a difficult process, especially if there are young children or conflicting property issues.
In cases where the spouses have joint minor children, when one of the spouses does not agree to the dissolution of the marriage, or if it is not possible to submit a joint application to the consular institution, the dissolution of the marriage is carried out by court procedure on the territory of Ukraine.
In this case, the spouses can file a lawsuit in court with a request for divorce. The court decides this case, taking into account all the circumstances, including the interests of the children and other factors. Divorce proceedings in court can be long and complicated, especially in cases where there are conflicting issues regarding children or property .It is important to get legal advice and help from professionals to understand your rights and the procedures you need to follow.
Yes, here is a general list of documents that may be required for a divorce abroad:
Petition for Divorce: This is an official document that states the reason and circumstances that lead to the divorce.
Marriage certificate: To confirm the fact of marriage between spouses.
Copies of birth certificates of minor children (if there are joint children of the marriage): This may be needed to resolve issues regarding custody and maintenance of children.
Court Fee Receipt: This is the fee usually required to file a claim with the court.
Copies of passports and identification codes of the plaintiff and the defendant: Documents confirming the personal data of the spouses.
Copies of the statement of claim and all attachments for the defendant: This may include any additional documents or evidence that support the statement of claim.
If you choose to go to a consular office, it may take a little longer due to possible queues. However, this path can be an excellent option if you need advice or support in difficult situations. Consular offices can provide you not only with information, but also with legal advice.
Instead, getting a divorce through court filing a divorce petition in court may be a faster option, especially if you have enough information and documents to file. You can choose to submit an application by regular mail or through the "Electronic Court" system. This can reduce the time it takes to process a case. So, contacting a divorce lawyer can be an effective and convenient option in such a situation. A lawyer or professional lawyer has not only knowledge and experience in the field of family law, but also the authority to represent your interests in court. They can take over all the formalities of filing a statement of claim and other necessary documents, as well as conduct the case in court without your presence.
