Lawyer
Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.
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:
- 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.
- 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.
- 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.
- 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.
Legal difficulties and how to resolve them
- 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.
- 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.
- 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.
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