In the conditions of martial law, it’s important to acknowledge the fact that, unfortunately, the number of divorces in Ukraine has increased, primarily due to the separation of married couples and families, caused by the relocation of women and children outside Ukraine. In such cases, the question arises: is it possible to get a divorce if one or both spouses are abroad? Can it be done in Ukraine, including online without appearing in court? Let’s try to understand this.
It’s worth noting that under martial law, especially when both spouses or one of them are outside Ukraine, the most popular method is an online divorce. This allows those wishing to dissolve their marriage to do so without returning to Ukraine, attending court sessions, and to receive the court’s decision on the divorce by mail.
The general procedure for divorce in Ukraine
Generally, there are two ways to dissolve a marriage in Ukraine:
- An extrajudicial procedure for the dissolution of marriage, which takes place at the civil status acts registration offices of the State Registration Departments of the Ministry of Justice of Ukraine (hereinafter – DRACS) and exclusively in cases where there are no children or they are adults. In this case, the couple must personally fill out and submit a joint application for divorce. If one of the spouses, for a valid reason, cannot personally submit the application to DRACS, the other spouse can submit such a notarized or equivalent application on their behalf. Unfortunately, this application cannot be submitted online.
- A judicial procedure for the dissolution of marriage in Ukraine, where the divorce can take place either by a joint application of the spouses or by the application of one spouse, by submitting a complaint to the court. In this case, the presence or absence of children and their age do not matter. Additionally, this application can be submitted online, without being physically present in Ukraine. Therefore, this method of divorce, especially during the war, has become the most relevant and popular.
Specifics of Online Divorcen Ukraine
In the case of opting for a judicial divorce procedure, one of the spouses can file a divorce application through the E-court system’s subsystem/module. To do this, it’s enough to register in the “E-court”. Registration in the electronic cabinet of the “E-court” for an individual is quite simple and requires only the presence of a key with a qualified electronic signature (QES), which can be issued by one of the accredited centers of Qualified Providers of Electronic Trust Services (such as JSC “PrivatBank”, JSC “PRAVEX BANK”, etc.).
However, it’s simpler to turn to a lawyer, who, after signing a legal aid contract with you (including using a digital electronic signature), can professionally, quickly, and efficiently prepare the lawsuit, collect all necessary documents, pay the court fee, submit all documents to the court, and receive the court’s decision on the divorce without your participation and presence. All these actions can be independently carried out online by your lawyer through the E-court system’s subsystem/module.
Required Documents for Filing for Online Divorce
For an online divorce, as the initiator, you need a minimum of documents, namely: a copy of the marriage certificate, a copy of your passport and identification code, a copy of the birth certificate of the child/children (in case of minor children). Copies of the other spouse’s documents may also be provided (if available).
For more detailed consultation and specifics of online divorce, you can contact the specialists of the Legal Company “First Legal” by filling out the application form on our website, contact us through email or messengers, or simply call us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.