HOW DO UKRAINIANS LIVING ABROAD GET DIVORCE?

Family relationships are not always ideal. Over time, spouses may want to end their marriage. During the period of life of Ukrainians under martial law, the question became relevant: how to divorce if one of the spouses is abroad?

If the spouses are citizens of Ukraine and the marriage was concluded in Ukraine, then its dissolution can take place in the homeland regardless of the country of residence. But each case is individual and depends on some features. In particular, it is the presence of children and mutual consent to divorce.

If one of the spouses is abroad

In this case, the party who is abroad can submit a notarized statement of divorce. Such an application is submitted to the DRATS authorities together with the application of the spouse who is in Ukraine. That is, on the basis of joint statements, the marriage is terminated. But this is possible only if the couple does not have minor children.

If one of the spouses does not agree to divorce

In such a case, the divorce process is possible only in court. A person who is in Ukraine submits a claim for divorce to the court. When choosing jurisdiction, it is worth remembering: as a general rule, the lawsuit is filed at the last registered place of residence of the defendant. However, if the spouses have minor children who live with the plaintiff or there are other valid reasons, a lawsuit can be filed at the plaintiff's place of registration.

If a spouse who has minor children has consent to divorce

If the spouses agree to terminate the marriage, the divorce process is faster. If one of the spouses is abroad, he can send to Ukraine a notarized statement that he does not object to the divorce. In addition, the spouses must conclude a notarized agreement regarding the place of residence and maintenance of joint children - then even in court, the divorce process will pass without problems.

Do you need a lawyer?

In most cases, you cannot do without the help of a family lawyer. In particular, difficulties may arise if both parties are abroad or one of the spouses objects to the dissolution of the marriage. A lawyer can advise on divorce, prepare a statement of claim, prepare the necessary documents and, if necessary, represent a person's interests in court. It is the lawyer in the field of family law who will help with the resolution of complex issues between spouses and full support of the divorce process.

Important: if the defendant's registered place of residence is in Ukraine, and he currently lives abroad, then in the statement of claim, he must also indicate his actual place of residence, since the court must properly notify him of the proceedings.