- How to get a divorce if your husband is in prison in Ukraine?
- Is it possible to get a divorce if the man is in prison?
- Conditions for divorce from a convicted person
- Divorce from a convicted person through the registry office. Order
- Divorce from a convicted person through court
- Special cases. How to break up with a man in prison?
- Divorce if the marriage took place in prison
- How to get a divorce if a man is sentenced to a suspended sentence or for a term of less than 3 years
- Can a convicted person file for divorce?
- Procedure and procedure for divorce from a convicted person
- Can a convicted person refuse a divorce?
- Result
How to get a divorce if your husband is in prison in Ukraine?
Many people know that divorce through the registry office can only be by mutual consent.
But not everyone knows that the divorce procedure can take place in a simplified manner. This applies to those sad cases when, for objective reasons, it is impossible to maintain family relationships. For example, if one of the spouses became incapacitated, disappeared, and also committed a crime and was sentenced to imprisonment.
Is it possible to get a divorce if the man is in prison?
For a more detailed answer to the question of how you can get a divorce if a man is in prison, read this article.
Conditions for divorce from a convicted person
The Family Code regulates in detail the procedure for divorce – through the registry office and through the court. But, as mentioned above, there is an exception to the general rules regarding the procedure for divorce.
In particular, the Family Code of Ukraine establishes that if a man is convicted of a criminal offense with a term of imprisonment of more than 3 years, the marriage is dissolved in the registry office at the request of the second spouse.
What conclusions can be drawn from this situation? For a simplified divorce procedure, a combination of the following conditions is necessary:
- a court conviction for a criminal offense that has entered into legal force;
- Punishment – imprisonment, term of punishment – not less than 3 years.
A simplified procedure for divorce from a man serving a sentence for a crime is a right, not an obligation, of the second spouse. The marriage can be saved, and after the expiration of the sentence the man will happily return to his family.
But if a man believes that maintaining a family with prisoners is impossible and seeks to break off the marriage relationship, no one has the right to interfere with the divorce. Moreover, divorce is carried out without taking into account the man’s consent.
Divorce from a convicted person through the registry office. Order
The simplified procedure for divorce is regulated in the Law of Ukraine “On Civil Status Acts”.
It consists of the following steps:
- the initiator of the divorce applies to the civil registry office at the place of residence or at the place of marriage registration.
- The state fee is paid for state registration of divorce. In 2024, for filing a unilateral application for divorce, you need to pay a state fee (Law of Ukraine “On Judicial Fees”).
- the initiator submits an application for divorce in the prescribed form. The application must indicate the following information:
- your personal data and the personal data of the second spouse (last name, patronymic, date and place of birth, place of residence);
- grounds for divorce (court sentence of imprisonment for committing a crime) and information about the place of serving the sentence;
- identification details,
- details of the marriage certificate;
- surname after divorce.
The application is accompanied by a package of documentation:
- a court verdict, with the type and term of conviction indicated therein (imprisonment for at least 3 years), which has entered into legal force;
- Marriage certificate;
- passport or other identification document;
- receipt of payment of state tax.
The civil registry office that received the application informs the wife about this within 3 days, from whom the applicant is asking for a divorce. The notice indicates the date and place of divorce. A man who has received a notification from the civil registry office must inform him within 1 month what last name he will have after the divorce.
1 month after filing the application, state registration of divorce takes place – always in the presence of the applicant. A corresponding entry is made in the Registration Book, and the applicant is issued a divorce certificate.
For a wife deprived of liberty, a divorce certificate is issued after dismissal from a correctional institution.
Divorce from a convicted person through court
As already stated, the disagreement of a man sentenced to prison is not an obstacle to divorce.
But it also happens that he not only disagrees with the divorce, but also has claims to the common property or common children. In this case, the proceedings between the spouses will take place in court. After all, a simplified procedure for divorce should not limit the property or parental rights of a man convicted of a criminal offense.
Special cases. How to break up with a man in prison?
It happens that the applicant does not have a document confirming the fact that the man was sentenced to imprisonment for a period of at least 3 years. What to do in this case?
It happens that the applicant does not have a document confirming the fact that the man was sentenced to imprisonment for a period of at least 3 years. What to do in this case?
Note! A copy of the verdict is not just a photocopy! And a copy prepared in accordance with all the rules is laced, numbered, sealed and signed by the judge.
If it is not possible to obtain a copy of the verdict, you will have to file for divorce on a general basis – by agreement with the husband through the registry office or in a lawsuit through the court.
Divorce if the marriage took place in prison
At the time of the marriage, the spouses were aware of the fact of the crime committed, the punishment in the form of imprisonment and its terms. And if, despite this, the marriage was concluded, there are no grounds for dissolution.
It is another matter if a male prisoner, without being released, is once again sentenced to imprisonment for a term of at least three years. In this case, a simplified divorce is possible.
How to get a divorce if a man is sentenced to a suspended sentence or for a term of less than 3 years
In this case, divorce is possible, but not in a simplified manner, but on a general basis.
Can a convicted person file for divorce?
A man in prison also has the right to divorce. It is not necessary to wait for dismissal; the inability to be personally present during the divorce procedure is also not a hindrance.
Procedure and procedure for divorce from a convicted person
True, the law does not provide for any simplified divorce procedures for him – divorce occurs in accordance with the general procedure. Depending on the grounds, the prisoner can dissolve the marriage through the registry office or through the court.
- Divorce through the registry office
The basis for administrative divorce is the mutual consent of a childless couple. If the wife or spouse of the prisoner is not against divorce, and the couple does not have minor children, they can submit an application for divorce to the registry office.
How is the procedure done?
According to clause 3 of Article 33 of the Law of Ukraine “On Acts of Civil Status”, in the event of separation of spouses and the impossibility of appearing together at the registry office, it is allowed to submit two different applications instead of one common one. The application is drawn up on ready-made form No. 10. The signature of the convicted man must be certified by the head of the correctional institution.
The husband or wife of the convicted person will receive a completed, signed and certified application by mail, prepare other documents (passports, marriage certificate) and submit them to the registry office, and also pay the state fee. A month later, the husband or wife of the prisoner will again visit the registry office, take part in the divorce procedure and receive a divorce certificate.
- Divorce through court
If circumstances do not allow the possibility of an administrative divorce (presence of children, the wife or husband does not agree to divorce), the divorce will occur in court.
The algorithm of actions is as follows:
- Preparation and signing of a claim for divorce (drawn up according to the general rules provided for by the Civil Procedure Code of Ukraine, must be signed by the prisoner and certified by the head of the correctional institution);
- Preparation of a package of applications for the claim (copies of the statement of claim, copies of the passport, marriage certificate, birth certificates of children, other documents);
- Payment of court fees;
- Filing a claim in court at the place of residence of the defendant (the prisoner’s spouse);
- Setting a date and place for a court hearing, consideration of the case on the merits;
- Making a court decision on divorce;
- Transferring the court decision to the registry office, state registration of divorce, obtaining a divorce certificate.
The prisoner can also attach to the claim a petition for consideration of the case without his presence, attaching a supporting document – a copy of the court verdict or a certificate from the correctional institution.
Can a convicted person refuse a divorce?
If the prison term is 3 years or more, the prisoner’s spouse is given the right to separate unilaterally. The prisoner’s agreement or disagreement does not matter, and he also has no right to refuse or object.
If the term of imprisonment is less than 3 years, the divorce will occur in accordance with the general procedure – administrative or judicial, depending on the circumstances. If the prisoner is against the divorce, his husband or wife will have to file a lawsuit in court. But it is unlikely that the court will be guided by the prisoner’s objections when making a decision, since the reluctance of at least one of the spouses not to remain married is already sufficient grounds for divorce. And although in such cases the court often sets a deadline for reconciliation between the spouses, this measure is unlikely to help save the marriage, given the location of one of the spouses. Most likely, the marriage will be dissolved.
But divorce is not an obstacle to the reunification of spouses by mutual desire after the release of the convicted person.
Result
Thus, the wife has the right to separate from her convicted husband unilaterally. Two reasons are sufficient for this: a conviction and a prison term of at least 3 years. The simplified procedure for divorce takes place at the registry office. If there are children or disputes about property, go through the court. A convicted man can also file for divorce while in prison. For joint wishes, an administrative procedure applies, and without the consent of the spouse, a judicial procedure. Remote divorce requires a power of attorney. And if an application is submitted to the registry office, the paper must have the signature and seal of the head of the colony.
Cases of divorce from convicted men are not uncommon, but not everyone knows about the procedure and restrictions. To avoid any questions, you need to draw up a competent application/claim, prepare all the documents, calculate and pay the state fee, and also not make a mistake with the jurisdiction. Lack of knowledge and time can play a cruel joke. And then, instead of a divorce certificate, you will receive refusals, headaches and unnecessary troubles. Still have questions? Ask them to legal consultants. With their help, you will be able to break up with a man who is in prison and does not give consent.
