Lawyer
Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.
Divorce without the presence of one of the spouses
Divorce – it is a difficult and painful process for many families. However, sometimes situations arise when one of the spouses does not have the opportunity or desire to personally participate in the divorce proceedings.
In this case, the issue of the possibility of divorce without the presence of one of the spouses becomes relevant. According to the current legislation, no person can be forced into marriage by means of physical or psychological pressure.
At the same time, the voluntariness of marriage applies not only to the moment of conclusion, but also to any moment of being married.
Marriage is a voluntary union of two persons based on mutual respect and equality.
The law guarantees each spouse the freedom of choice to maintain or dissolve the marriage.
Ukrainian legislation provides for several options for divorce in the absence of one of the spouses.
The choice of a specific method depends on a number of factors, such as:
- Having minor children together: If the couple has minor children together, divorce becomes more complicated and usually requires the participation of both parents in the legal process.
- Consent of one of the spouses: If one of the spouses agrees to the divorce, the procedure can be faster and simplified or through the DRATS on a joint application of the spouses.
Possible options for divorce in the absence of one of the spouses:
Dissolution of marriage through DRATSS:
- It is possible only with the mutual consent of both spouses and the absence of joint minor children.
- It is necessary to personally submit an application from both parties. Divorce through DRATS through representatives is not allowed and is possible only with the personal presence and consent of both parties.
Divorce procedure without the presence of one of the spouses:
- Filing a statement of claim: The initiator of the divorce files a statement of claim with the court, in which he indicates the reasons for the dissolution of the marriage and asks the court to dissolve the marriage.
- Consideration of the case: The court considers the case within the term established by law. If the other spouse does not object to the divorce or does not participate in the court proceedings, the court may issue a divorce decree in absentia.
- The court’s decision to dissolve the marriage is a key stage in the process of officially ending the marriage relationship. After the court has considered the case, it makes a decision to dissolve the marriage. This decision does not enter into legal force immediately, as the law provides for a period for a possible appeal.
In accordance with Article 111 of the Family Code of Ukraine, the court applies measures for the reconciliation of spouses, if this does not contradict the moral principles of society. Part 2 of Article 16 of the Universal Declaration of Human Rights states that marriage can only be concluded with the free and full consent of the persons getting married.
Important nuances:
- Alimony: If the spouses have common minor children, the court decides on the issue of alimony.
- Education of children: If the spouses have common minor children, the court determines the order of their education and communication with their parents.
The principle of voluntary marriage is fundamental in family law. It means that each person has the right to decide for himself whether to marry or not, and also has the right to dissolve this marriage if the desire to be together has disappeared.
This right derives from the basic principles of human dignity and freedom. The voluntaries of marriage is not limited to the moment of its conclusion, but permeates all its aspects. This means that no person can be forced into marriage or its continuation against their will.
Divorce without the presence of one of the spouses is a possible procedure that has its own peculiarities and nuances.
In order to properly file a divorce, it is recommended to seek advice from a qualified lawyer.If you are faced with the problem of divorce, do not remain alone with your difficulties.
“Prikhodko and partners” lawyers will provide you with comprehensive support and help protect your rights.
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