Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Contact now
Divorce if one of the spouses disappeared during hostilities

Divorce if one of the spouses disappeared during hostilities

The war has brought many tragedies to Ukraine, and one of the most difficult situations is the disappearance of people, in particular military personnel or civilians who have been in a combat zone.

If one spouse disappears during the war and the other wants to officially dissolve the marriage, this becomes a legal problem, since the lack of information about the person’s whereabouts complicates the procedure.

The law firm “Prikhodko and Partners” has significant experience in resolving such cases and is ready to help you quickly and legally dissolve your marriage in the event of the disappearance of your spouse during hostilities.

Is it possible to get a divorce if one of the spouses is missing?

Divorce under standard conditions is possible through the Civil Registry Office or the court. However, when one spouse has disappeared, the procedure becomes significantly more complicated, since the personal participation of the other spouse or at least documentary confirmation of his or her status is required for divorce.

Ukrainian legislation provides for two options for resolving this situation: 

  1. Divorce through a court according to general procedure.

If there is evidence that one of the spouses has gone missing, but has not been officially recognized as missing or deceased, you can file a lawsuit for divorce without his participation.

  1. Declaring a person missing or deceased.

If a person does not get in touch for a long time, there is evidence that they disappeared during hostilities, you can file an application to declare them missing, missing or deceased, after which the marriage will be automatically dissolved.

Divorce procedure in the event of the disappearance of one of the spouses 

The divorce process in such a situation depends on the presence or absence of the official status of the missing person.

  1. Filing a lawsuit for divorce without the participation of the other spouse

If the missing person has not been declared missing or deceased, the other spouse may initiate a divorce through court proceedings.

To do this, you must: 

  • file a lawsuit for divorce;
  • provide evidence of the impossibility of finding the missing person (requests to military structures, police, Red Cross, etc.);
  • pay the court fee.

The court may issue a divorce decree without the presence of the other spouse if there is evidence of his or her disappearance.

  1. Recognition of a person as missing or deceased

This option is suitable in cases where a person has been missing for a long time and their whereabouts are unknown. According to Article 43 of the Civil Code of Ukraine, a court may declare a person missing if they have been missing for more than 1 year. If a person disappeared during hostilities, this period may be shortened.

To declare a person missing, you must submit an application to the court along with evidence:

  • certificates from military units or government agencies;
  • testimonies of relatives or acquaintances;
  • materials of detective cases.

If the court recognizes a person as missing or deceased, the marriage is automatically dissolved.

It will also be useful: Declaring a relative missing

Legal difficulties and how to resolve them

  1. Lack of evidence of disappearance

If there are no official documents about the disappearance of a person, you can contact lawyers who will help you obtain relevant requests from military units, law enforcement agencies, and other institutions.

  1. Denial by relatives of the missing person

Sometimes the other party’s relatives may resist declaring a person missing or dissolving a marriage. In such cases, competent legal justification is required in court.

  1. Property issues

If the missing person owned property, it cannot be divided without declaring the person missing or deceased. We will help resolve all property aspects, including through the inheritance procedure.

It is important to understand that after a person is officially declared dead, their property is inherited and the marriage is automatically considered terminated. However, if such a person is later found, they have the right to apply to the court to cancel the decision to declare them dead and return their property rights.

Divorce in the event that one of the spouses has disappeared during hostilities is not only a legally complex process, but also a deeply emotional ordeal for the one who remains.

Often, a person who files for divorce faces internal experiences, doubts and condemnation from those around them. However, it should be understood that the legal termination of a marriage in such situations is not just a formality, but also an opportunity to start a new life without legal restrictions.

The issue of social benefits and property rights also plays a significant role. Recognizing a person as missing or deceased allows you to receive state assistance for child support (after the loss of a breadwinner), inheritance rights, and also close legal obligations that cannot be fulfilled without the official status of the missing person.

From a legal point of view, this is an important step to ensure a stable future, especially if there are minor children in the family.

Thus, the process of dissolving a marriage when one of the spouses disappears has clear legal regulations, but requires collecting evidence, going to court, and competent legal support.

How will the law firm “Prikhodko and Partners” help you?

We understand that divorce in such a situation is not just a legal issue, but a complex emotional process.

Our team of experienced lawyers will help you: 

  • Prepare all necessary documents for the court;
  • Collect evidence of a person’s disappearance;
  • Represent your interests in court and government agencies;
  • Resolve property issues, if necessary.

We guarantee a quick and legal resolution to your issue with minimal hassle for you.

If you find yourself in a difficult situation due to the disappearance of your husband or wife during hostilities, do not hesitate – contact “Prikhodko and Partners”.

We will help you go through this difficult process as comfortably and legally as possible.

 

Calculate the cost of services

1 question

Has one of your spouses been declared missing?

Yes
No

2 question

Do you have evidence of the disappearance of one of your spouses?

Yes
No

3 question

Do you have minor children?

Yes
No

You may also need:

20%
discount
If we do not
call back
during the day
Consultation
Law company
Leave a request for legal assistance right now:
9+ years on the market
70+ professional practitioners
Fixed price
Online / offline consultation

Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights