File a divorce in another city

Оформити розлучення в іншому місті

divorce in another city

How to file a divorce if a man and woman live in different cities of Ukraine?

It happens that a wife and husband live in different cities and subsequently decide to divorce.

Is it necessary to go together to the locality where the marriage was registered? The law says that it is not necessary: the Family Code of Ukraine and the Law of Ukraine “On State Registration of Acts of Civil Status” establishes that a divorce can be effected both at the place of registration of the marriage and at the place of residence of the spouse and/or husband. After all, sometimes a trip is impossible for various reasons: illness, presence of children, financial difficulties.

Divorce of spouses living in different cities has a number of procedural features. In this article you will find detailed instructions on how to get a divorce at a distance, saving time, effort and money. Is it possible to file for divorce in another city?

Family lawyer
Question to the expert
Over the past few years, my wife and I have lived separately, in different cities: I live and work in Kyiv, my wife lives with my parents in Odessa. When she informed me of her intention to divorce, I came to her to reconcile. The wife did not agree to save the family and insisted on a divorce. Can we get a divorce in Odessa if I am not registered here and live temporarily? We signed in Kyiv.
Skryabin Alexey Nikolaevich
Yes, the law does not prevent spouses from separating at the place of registration of one of them, and not just at the place of registration of the marriage. If the divorce occurs by mutual consent, you can jointly contact the DRATS authority at the place of registration of the spouse. If you do not agree to separate, your wife will have to file a lawsuit, but according to the rules of jurisdiction, not at her own place of residence, but at your place of registration as the defendant. Similarly, you, as a plaintiff, can file a claim for divorce at the place of registration of your spouse.

Is it possible to get a divorce without registration?

Lack of registration in some cases can complicate the divorce procedure. But this circumstance cannot serve as an obstacle to divorce.

When spouses fill out any legally significant documents (application for divorce in the registry office, statement of claim or counterclaim), you can indicate not only the registration address, but also the actual address of residence. In this case, summonses, letters and other communications related to the divorce process will be sent to the specified address. The risk of non-receipt of correspondence and documentation is borne by the persons who indicated the postal address.

Where can we break up?

The law provides for two ways to dissolve a marriage:

Administrative through the civil registry office at the place of marriage, at the place of registration/residence of the wife and/or husband.

Judicial through the court at the place of registration/residence of the wife and/or husband

How to get a divorce if there are no children?

If there are no children in the family, the spouses can divorce through the registry office.

The administrative procedure for divorce has many advantages, including simplicity, a minimum of procedural delays, and short deadlines. But the administrative procedure for divorce is possible only if the spouse and spouse agree to the divorce.

How to get a divorce if you have children?

The presence of minor children in the family makes the administrative procedure for divorce impossible. Spouses who have children will have to divorce in court. But if these children are from other marriages (incompatible children) or adult children (over 18 years old), you can get a divorce through the registry office.

Which court should I file my divorce suit in?

  • The court considers divorce cases if disputes arise between spouses: about the expediency of divorce (the spouse does not consent to divorce), about the maintenance, upbringing, choice of the future place of residence of children, about the division of jointly acquired material assets.

How to file for divorce at the registry office in another city

The most convenient, fastest and easiest method of divorce is administrative. It is also suitable for those spouses who live in different cities. But a logical question arises: which civil registry office should I submit documents to?

Family law suggests divorce in the registry office:

  1. at the place of marriage registration;
  2. at the place of residence/registration of the spouses.

Example

The Volkov couple decided to dissolve their marriage, which over the past few years has turned into a mere formality. They had no children, nor any valuable common property. The Volkovs lived in different cities. It was decided to divorce at the wife’s place of residence.

Procedure for divorce

Even if the spouses live differently, the administrative procedure for divorce is a simple and quick procedure. The main thing is to strictly follow the procedure, correctly prepare and submit documents, and comply with procedural deadlines.

The procedure for the spouses is as follows:

  • Preparation and submission to the civil registry office of a joint application (or two separate applications, the signature of which is notarized) for divorce;
  • Payment of state duty;
  • Visiting the civil registry office at the appointed time to participate in the divorce procedure;
  • Receipt by the spouse and husband of the Divorce Certificate.
Family lawyer
Babich Sergey Anatolievich
Babich Sergey Anatolievich
Candidate of Legal Sciences
Separately, it should be said about the procedure for unilateral divorce from a man. Unlike divorce with the consent of a couple who, although they live separately, the decision to dissolve the marital relationship is made jointly - a unilateral divorce is carried out by one of the spouses and does not require the consent of the second spouse.

The law provides only two grounds for unilateral divorce:

  1. Incapacity of a man (inability to realize the content of his actions, control himself, make decisions), recognized by the court;
  2. The man was declared dead or missing by the court.

These grounds can be found in the Family Code of Ukraine. In this case, you will have to confirm these facts yourself, for example, through a court decision declaring a person dead or missing, or declaring a person incompetent.

Application for divorce

As a general rule, a husband and wife who decide to divorce must prepare and submit a joint application for divorce to the registry office.

A joint application of spouses for divorce is a completed form containing …

  • information about spouses (full name, passport details, date of birth, place of residence, nationality),
  • information about the surname that each of them intends to bear after the divorce;
  • request for divorce;
  • signature;
  • date of filing.

But it is clear that if the spouse and husband live separately, then filing a joint application is impossible. In this case, it is possible to prepare and submit two dividing applications, completed by each spouse, with signatures certified by a notary. Notarization of a signature is confirmation of the legality of a document in the event that a man cannot be personally present at its submission, sends it by mail or transfers it through a second spouse. Thus, a divorce is possible in the registry office without the personal presence of the husband or wife.

If the divorce occurs unilaterally, the man also independently submits an application to the registry office. In addition to general information, the application must indicate the basis for a unilateral divorce, for example, recognition of the second spouse as incompetent.

Divorce procedure

Thus, the administrative procedure for divorce is possible in the presence of only one spouse, if the other spouse lives in another city and cannot visit the DRATS authority. To do this, you need to prepare two different applications, the signatures on which will be notarized. Both spouses must also pay the state fee.

Divorce in the registry office in the absence of at least one of the spouses is impossible.

Unilateral divorce is also possible in the presence of one of the spouses, since the other man, for objective reasons, cannot take part in the divorce procedure.

Documents for divorce

In addition to the application drawn up on a standard form, the following documents must be submitted to the registry office:

  • Copies of spouses’ passports;
  • A copy of the marriage certificate;
  • Receipt for payment of state duty.

If the divorce occurs unilaterally, the listed documents should be accompanied by a court decision, which confirms one of the grounds permitted by law.

Divorce terms

From the moment the application for divorce is submitted to the registry office until the receipt of the Divorce Certificate, 1 month passes. It is impossible to shorten this period. But the separate residence of the spouses does not in any way affect the duration of the divorce procedure.

Cost of divorce

The amount of the state fee that both must pay for divorce at the registry office is 0.5 of the tax-free minimum income of citizens. A wife living in another city and sending the application by mail must also pay for notary services (certification of the signature on the application) and postage. State customs for a unilateral divorce, if the man not only lives in another city, but, for example, is declared missing or sentenced to imprisonment – 0.03 of the tax-free minimum income of citizens.

How to get a divorce through court in another city?

Advocate
Skryabina Daria Sergeevna
Candidate of Legal Sciences
Question to the expert
A year ago, my wife moved to another city, first on her own, then she took her child with her, citing better opportunities and living conditions. I cannot leave my native village because I am caring for my elderly parents. Obviously, divorce cannot be avoided. But how to divorce your wife if she lives in another city and has no intention of returning?
Skryabina Daria Sergeevna
According to the provisions of family law and civil procedure law, the presence of two spouses is not necessary for the dissolution of a marriage. Divorce is also possible at a distance, but subject to the rules for filing a claim and following the procedure proposed by law.

 

Jurisdiction of divorce cases

As a general rule, if the spouse and husband do not live together, the claim should be filed in court at the place of residence of the defendant. But not always – there are exceptions to the rule.

The case of divorce can be considered in the judicial authority at the place of residence of either spouse if they reach agreement on this matter. In addition, the law provides for cases in which the plaintiff has the right to file a claim at his own place of residence:

  • minor children live with him;
  • His health condition does not allow him to go to another locality to file a claim.

What should the plaintiff do if he does not know the defendant’s place of residence? Where to file a claim? In this case, the plaintiff can decide for himself where to file a claim for divorce – the law gives him the right to choose jurisdiction. This may be the judicial authority at the last known place of residence of the defendant or at the location of his property.

When severing a marriage, the court can simultaneously resolve additional issues (at the request of the parties): with which spouse the common children will live, whether alimony will be paid for children or a disabled spouse, how the joint property of the spouses will be divided. The ability to resolve additional issues and resolve disputes arising from family relationships in one trial is provided for by the Family Code of Ukraine and does not depend on the place of divorce.

Procedure and procedures for divorce

Since we are talking about a lawsuit, it is assumed that one of the spouses is the plaintiff and the other is the defendant.

The procedure for the male plaintiff is as follows:

  • Preparation of a statement of claim;
  • Collection of documents attached to the claim;
  • Payment of court fees;
  • Filing a claim in court;
  • Attending court hearings;
  • Obtaining a court decision on divorce.

If the plaintiff files a claim at the place of residence of the male defendant, and cannot take part in the trial, he should file a petition with the court to consider the case without his participation, attaching documentary evidence of the reasons to the claim, or send a representative to dissolve the marriage by proxy.

What is the course of action for the male defendant?

If he lives in another city, a notice of the date and place of the court hearing will be sent to him at the address indicated by the plaintiff. If the male defendant is unable or unwilling to participate in the divorce proceedings, he may:

  1. send a proxy to the court (with a notarized power of attorney to perform all procedural actions in court);
  2. submit a written consent to the divorce or a petition to consider the case in his absence, attaching a document confirming the impossibility of attending court.
Family lawyer
Dyachenko Vladislav Denisovich
Dyachenko Vladislav Denisovich
Family lawyer
If the defendant wants to participate in court hearings, but cannot come for a good reason, he should file a petition to reschedule the court hearing to another time. The absence of a male defendant at a court hearing without warning (subject to proper notification of the date and place of the hearing) will also serve as a reason for postponing the hearing, however, after three absences without good reason, the case is considered in the absence of a male defendant.

Thus, the residence of spouses in different cities is not an obstacle to a divorce in court. It is quite possible to get a divorce from a distance.

Application for divorce

A statement of claim for divorce between spouses living in different cities is drawn up according to general rules, in accordance with the norms of current legislation. The claim must contain basic information:

  • Name of the judicial authority, its address;
  • Information about spouses (full name, place of residence/registration, contact details);
  • Information about the marriage (date, place);
  • Information about the presence of minor children or other reasons why the marriage cannot be dissolved administratively;
  • Reasons for divorce and request for divorce;
  • List of applications;
  • Date of filing the claim;
  • Signature

Documents for divorce

The judicial procedure for divorce, compared to the administrative one, requires thorough preparation for collecting documents.

The following documents must be attached to the claim:

  • payment document confirming payment of the court fee;
  • passports and TIN of spouses;
  • Marriage certificate;
  • children’s birth certificates;
  • a certificate of family composition at the plaintiff’s place of residence (for example, to confirm cohabitation with a minor child);
  • documents on income (for example, if the claim contains a claim to recover payments for a child, for a disabled man);
  • documents on common property (for example, if the claim contains a demand for its division);
  • agreement on children, on the division of common property, if they were concluded between spouses;
  • other documents confirming the circumstances specified in the claim (for example, a medical certificate of health, if due to illness the plaintiff cannot file a claim at the location of the male defendant).

Divorce terms

The duration of the divorce process in court can take approximately 2 to 6 months.

It is difficult to foresee the exact time frame for consideration of the case in advance – it all depends on circumstances such as the consent or disagreement of the spouses, the presence of children, additional disputes and claims requiring litigation, as well as residence in different cities and the difficulties arising from these circumstances. So, if one of the spouses does not come to the court hearing or asks for a postponement for one reason or another, the trial is delayed. One way to avoid such delays is to file a motion to have the case heard without your wife or husband present.

Cost of divorce

The amount of the court fee for filing a claim for divorce.

After a positive court decision is made, it will still be necessary to carry out state registration of the divorce with the civil registry office.

It is possible that additional costs may be required, for example, the services of a notary, legal counsel, postage for sending the claim and documents to the parties’ place of residence.

Conclusion

Let’s summarize what we learned from this article.

Conclusions:

  1. If spouses live in different cities, they may divorce.
  2. It is not necessary to come from another locality. A man can draw up an application for divorce, have it certified by a notary and send it to his second spouse.
  3. If there are no children, the divorce will be filed with the DRATS authorities, and if there are children, the divorce will be filed in court.
  4. Spouses can apply for a divorce to the DRATS authorities at the place of their registration or at the place of registration of the marriage.
  5. The presence of at least one spouse is mandatory.
  6. Divorce in court requires filing a claim at the place of residence of the defendant or at the place of registration of the plaintiff (in exceptional cases).
  7. A man can file a petition to have the case considered without his participation. The second option, if spouses live in different cities, is to send a proxy representative in their place. The failure of the defendant to appear without good reason more than 3 times is a reason for the court to make a default judgment on divorce.
  8. Spouses can file a claim for dissolution of marriage and other claims, such as children, division of property, etc.

Divorce is considered a fairly simple administrative or judicial procedure. But here, too, legal subtleties arise, for example, the impossibility of the personal presence of the husband or wife. This confuses the spouses.

You should look for other options, including if the divorce occurs in court and there are children. Lawyers on our site will tell you how to quickly and competently carry out the procedure. Leave your questions on the website or call the hotline. The consultation will shed light on many issues, including divorce from a man in another city. Distance is not a hindrance, and with our help you will see this for yourself!

Family lawyer
Skryabina Daria Sergeevna
Skryabina Daria Sergeevna
Candidate of Legal Sciences
If the article “Filing a divorce in another city” was interesting for you and you learned something useful for yourself, then like this article, and also subscribe to our YouTube channel so you don’t miss new videos.

Rate article
( 2 assessment, average 5 from 5 )
Share to friends
ROZIRVANNYA
Add a comment