Divorce without presence (Ukraine)


For many, divorce without personal presence is a very relevant topic, since divorce takes a lot of time and effort. In some cases, the procedure can take up to a year or more, while requiring participation in multiple court sessions. But not everyone has the opportunity to devote so much attention to this matter. It is very difficult to get to a meeting with a tight work schedule or living abroad. It is in such situations that dissolution of marriage without presence is a necessity.


When is divorce possible without presence?

First of all, one should decide on one fundamental question – do both spouses agree to a divorce? If not, and one of them is trying to avoid divorce by not appearing in court, then this tactic is doomed to failure, since the plaintiff’s claims will be satisfied sooner or later, even without the presence of the defendant. In most cases, for this reason, the court can be postponed a maximum of three times. In addition, the non-arriving party must provide a compelling reason for not being able to appear in court. The reason for this may be:

  • Work in a remote location, from which it is not so easy to come.
  • Stay abroad.
  • Serious illness or disability.
  • Undergoing treatment at the hospital.

Any of these situations must be supported by appropriate documents in order for the court to take it into account. Otherwise, a divorce will take place without the presence of the defendant. But for this, the plaintiff must have a notice signed by the second party that she is aware of the time and place of the meeting.

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If both spouses agree to separate, but for some reason one of them cannot be considered the case, then it is allowed to submit a petition for dissolution of the marriage without the presence of the other party. This document indicates a request to conduct a case without the participation of the plaintiff or the defendant. Moreover, both spouses submit such a petition. The defendant writes that he cannot be at the hearing, and the plaintiff, in turn, agrees with this.

This option of remote dissolution of marriage is possible only if there are no significant disagreements between the parties. Otherwise, the court may require both spouses to appear. But even from this situation there is a way out:

  • It is possible to apply for a divorce by conference call over the Internet.
  • Send a trusted person instead of yourself.

How to make divorce at a distance?

In the event that you want to dissolve a marriage concluded on the territory of Ukraine, but are abroad or do not have the opportunity to come to a judicial institution due to work, you need to:

  • Draw up a divorce lawsuit and collect all the necessary supporting documents.
  • Write a statement that you are asking the court to consider the case without your presence.
  • Send this package of papers to the court at the place of registration of the defendant.

This is the first way to make a divorce without being present in Ukraine. Depending on the circumstances of the case, the judge can grant your request or not. At the same time, since, according to the Civil Code of Ukraine, both the defendant and the plaintiff have the same rights, both spouses can apply for a divorce case without their presence.

The second and more reliable way to get a divorce at a distance is to seek the help of a lawyer. You can delegate your rights and responsibilities to a qualified professional who will speak on your behalf at the court hearing. Thus, you will not only avoid the need to waste time and effort on litigation, but also ensure the desired result.

Professional experts in the law of the WebYurist website will be able to help with the divorce. Here you can get advice from experienced lawyers who have carried out dozens of divorces. We always meet customers and offer the best solutions. All you need to do in order to receive qualified assistance from responsible and reliable lawyers is to contact us by phone or fill out an online application.

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Divorce without presence (Ukraine)

Anatoliy Ustinov Avatar

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