How to divorce a military man through court, if he ...?

solved

...can't attend? Is distance divorce possible?

03.04.2023 15:57 530

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Photo of lorina200215 Lorina Fedan

The procedure for dissolving a marriage with a military serviceman under martial law is similar to the procedure for dissolving a marriage in peacetime.

Marriage breaks up:

  • upon joint application of spouses who do not have children (Article 106 of the Civil Code of Ukraine);

  • at the request of one of the spouses (Article 107 of the Civil Code of Ukraine);

  • by a court decision: upon a joint application of a spouse who has children (Article 109 of the Civil Code of Ukraine), or upon a claim by one of the spouses (Article 110 of the Civil Code of Ukraine).

A joint application of a spouse who does not have children, or an application of one of the spouses in the cases specified by law, is submitted to the Department of Social Security at the place of residence of the spouses or one of them. The state registration of the dissolution of marriage itself is carried out in a month.

In the event that one of the spouses cannot personally submit an application to the DRATS department, such an application, certified by a notary or equivalent to it, can be submitted by the other spouse on his behalf.

The spouse who wishes to restore his or her maiden name must declare this in writing.

In the event that the spouses cannot appear at the DRATS department on the appointed day, they must submit an application within a month with a request to postpone the date of registration of divorce. In addition, the application may also state that the spouse who cannot be present at the registration does not object to the dissolution of the marriage without his presence, with a mandatory indication of the location of the DRATS department, to which the certificate of dissolution of marriage should be sent .

In the event that the spouses have minor children, or the husband or wife objects to the divorce, the marriage can be dissolved only by judicial procedure.

21.05.2024 14:59

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