Is the husband's consent required for a divorce if he is in prison? And how does this divorce process happen without his presence, if we have a 3-year-old child?
Is the husband's consent required for a divorce if he is in prison? And how does this divorce process happen without his presence, if we have a 3-year-old child?
In part 1 of Art. 110 of the Family Code of Ukraine stipulates that a lawsuit for divorce may be filed by one of the spouses. According to Part 3 of Art. 293 of the Civil Procedure Code of Ukraine, divorce cases are also considered in separate proceedings, in particular, at the request of any of the spouses, if one of them is sentenced to imprisonment. A case of divorce upon the application of a person sentenced to imprisonment may be considered by a court with the participation of a representative of such a person. Together with the mentioned application, a written agreement can be submitted about which of the spouses the child will live with, what participation in ensuring the child's living conditions will be taken by the parent who will live separately, as well as about the conditions for exercising the right to private upbringing of the children. Here it should be taken into account that the application for dissolution of marriage and the agreement on the amount of alimony must be notarized (the legislation equates certification by the head of the penal institution to a notarization).