HOW TO DIVORCE A PERSON SENTENCED TO LIMITATION OF FREEDOM?

The provisions of our legislation presuppose the existence of a free will of the spouses to enter into marital relations, stay in marriage and terminate it. Every person has the right to divorce and should not be forced into marriage, considering the desire of only one of the spouses. To exercise this right, the Family Code of Ukraine provides for a divorce procedure through the courts at the initiative of the spouse, if one of them objects to this. However, sometimes there are circumstances in which such a process may differ from the general provisions or become more complicated. Quite often we are approached with the question: is it possible to get a divorce if one of the spouses is sentenced to imprisonment and is in a penitentiary institution.

First of all, in the absence of common minor children, it is possible to get a divorce through the state registration of acts of civil status: for this, the application of one of the spouses who is convicted can be certified by the head of the penitentiary institution, and the other spouse has to submit this application to the registry office.

If the parties have children or one of them does not want to get a divorce, there are two options for proceeding through the court:

• As a separate proceeding: this option is simplified, however, it provides for the applicant to have a court verdict on the conviction of the second spouse precisely before deprivation of liberty, which entered into force at the time of filing the application for divorce. This procedure provides for the acceleration of the consideration of the case and reduces the cost of paying the court fee. If a person is assigned a different type of punishment or the sentence has not entered into legal force, it is impossible for the court to consider the divorce case in a separate proceeding.
• In the absence of the above grounds, divorce is also possible, but in accordance with the rules of general action proceedings. To do this, prepare and submit a statement of claim to the court in accordance with the requirements of current legislation.

It is also important to choose the right court that has jurisdiction over your case: the general procedure is to file an application at the location of the convicted person. However, the applicant may apply to the court using alternative jurisdiction at the place of his registered place of residence or actual stay, if he provides evidence of the maintenance of children under the age of eighteen years or the existence of good reasons preventing him from participating in court hearings at the location of the convicted person.

Thus, the procedure for dissolution of marriage with a convict is possible, however, it has certain rules and features that must be observed in order to facilitate and accelerate it. By contacting the lawyers and lawyers of Prikhodko & Partners, you can get qualified advice on all stages of the case, assistance in writing an application and preparing the proper package of documents, as well as full legal support of the case, which also provides for the representation of your interests by a lawyer in court hearings. and makes it possible to conduct business without your presence.