The reasons for divorce might be very diverse, but the algorithm of actions is clearly defined and we will consider below the most common questions regarding the process of completing the divorce in wartime, provided the spouses are citizens of Ukraine and the marriage is contracted in Ukraine.
How to dissolve the marriage of a couple who do not have children in common?
With the consent of both parties, a joint application for dissolution of marriage is submitted to the Division of Vital Records (the application consists of two parts - each spouse fills out its own part). If one of the spouses, due to a valid reason, is not able to personally submit such an application, then the other spouse may submit it on his behalf upon the respective certification either by a notary or other eligible authority.
If one of the spouses is outside the country, a family law attorney will assist you in the solution of the divorce case.
The dissolution of marriage is effective regardless of the existence of a property dispute between the spouses after the expiration of one month from the date of submission of the application (in the event that it has not been withdrawn during the term above).
How to dissolve the marriage of a couple who have children in common?
Under such conditions, the marriage is dissolved exclusively by judicial process based on a joint application of the spouses to dissolve the marriage together with a written agreement on which of them the child will live with (if there is no dispute regarding the child's place of residence). Such an agreement shall be notarized. And in order to take into account all the details of a child living with one parent and participating in ensuring the child's living conditions for the other parent, it is appropriate to seek assistance from a family law attorney. The attorney provides you with professional advice, prepares all the necessary documents and will represent your interests in court. Monitoring the progress of the case in court and obtaining a court decision is also under the control of your attorney.
How to dissolve the marriage of a couple without the consent of the other spouse?
Under such conditions, the marriage is dissolved exclusively by judicial process following the petition of one of the spouses. However, the suit shall not be filed during the wife's pregnancy and within one year after the birth of the child, except for the cases defined by the Family Code of Ukraine.
If one of the spouses who decided to dissolve the marriage is outside of Ukraine, it is possible to file a lawsuit together with the necessary documents and pay the court fee remotely. Nevertheless, this will require certain legal knowledge, or involvement in the divorce process by a family law attorney.
How to legalize the Certificate of divorce?
If you plan to submit the Certificate of divorce outside of Ukraine to foreign institutions for the registration of a new marriage, to register the birth of children, etc., then you will need an apostille affixed to the Certificate of divorce together with translation of the document into the appropriate language. More than fifty countries require an apostille on documents.
However, in some cases it may be difficult to apostille the Certificate of divorce, for instance if the document is missing in the database of the Ministry of Justice of Ukraine. Hence, in such a situation, it is better to turn to professional lawyers who will provide these turnkey services and save your time.
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