How can a Russian woman divorce a Ukrainian? Divorce and dissolution of marriage with a citizen of Ukraine in 2018. How can you divorce a Ukrainian through court?

Disagreements between citizens of the Russian Federation and Ukraine can arise not only at the state level, but also on the scale of one family. Like other families, a couple consisting of spouses of different nationalities has the right to sever their marriage ties. But at the same time, undoubtedly, such a divorce process raises many more questions for each of the parties.

How to break off a marriage relationship with a Ukrainian? How does the divorce process work if the husband is a Russian citizen and the wife is Ukrainian? What documents are required for a divorce from a citizen of another country? Is it possible to formalize the dissolution of such a marriage without traveling to another country? How to dissolve a marriage with a spouse who has a different citizenship without his presence?

In this article we will try to help you find answers not only to these, but also to other questions that affect the divorce process with a citizen of Ukraine.

Laws of the Russian Federation on divorce from a citizen of another country

Article 160 of the Family Code of the Russian Federation regulates the dissolution of marriage relations with citizens of neighboring states. It states that the dissolution of marriage relations is regulated by Russian norms, but taking into account the normative acts of international legislation of Ukraine.

It is possible to formalize the dissolution of marriage relations with citizens of Ukraine either in Russia or in Ukraine - if all legal norms have been complied with, then both states recognize such a divorce as legal.

However, it is no secret to anyone that the political situation between Ukraine and the Russian Federation is currently very tense. Therefore, it is advisable for citizens of the Russian Federation to resolve all legal issues on the territory of their home country.

How to divorce a Ukrainian through the registry office?

By and large, in order to dissolve a marriage with a person who has citizenship of a neighboring country, the same conditions must be met in the registry office as for a couple in which both spouses are citizens of Russia. Spouses must agree to end the marriage relationship and not have common young offspring to raise.

To dissolve a marriage, spouses can apply both to the registry office in which they registered their relationship, and to the registry office at their place of residence.

In addition, it is possible to break off a marriage relationship with a Ukrainian through the registry office if there is a court decision in hand, in which the spouse is declared missing in an unknown direction, dead or incompetent.

Let us note that it does not matter which state’s court made such a decision. The main requirement that is put forward for a Ukrainian court decision is a legal translation of the document and its notarization.

Such a court decision is submitted to the registry office and, on the basis of it, a decision is made to terminate family relations with a citizen of a neighboring state.

After 30 days from the date of submission of the necessary documents to the registry office, the marriage is recognized as dissolved. Each party receives its own copy of the divorce certificate, which has legal force in both countries.

Is it possible to end a marriage with a Ukrainian who does not live in Russia through the registry office?

How to divorce a spouse who lives in another state? If he supports the intention to break the marriage, then for his part he must submit an application to the registry office, certified by a notary in accordance with all the rules of the law. In this case, the marriage will be terminated without his presence.

Divorce proceedings with a citizen of Ukraine in court

As in the case of a family union between two Russians, marriage relations with a citizen of Ukraine will have to be severed in court if one of the spouses does not agree with the termination of the marriage relationship or the married couple is raising common children who have not reached the age of majority.

The collected package of documents, headed by an application for divorce, must be submitted to the court authorities at the place of residence of the spouse, who is a citizen of Ukraine. If the place where the defendant lives is not known, then you can go to court at the last known place of residence or at the address where the property of this spouse is located.

If the spouse, who is a citizen of another state, lives in his homeland, then divorce documents can be filed at his place of residence.

But it is worth knowing that in this case it will be necessary to justify and argue the impossibility of traveling outside your country.

In this case, the unsatisfactory state of health of the plaintiff or his residence with young children may be considered valid reasons.

How to divorce a citizen of a neighboring country in his absence?

Divorce proceedings with a spouse who has Ukrainian citizenship will be somewhat more difficult in court if he is not present at it.

The court of the Russian Federation must notify him of this process and obtain confirmation that the notification has reached the addressee. If it is not possible to do this through postal services, then court employees resort to the assistance of Ukrainian colleagues who locally summon the defendant to court, where he receives a summons and documents related to the divorce process.

In addition, there is another way to dissolve a marriage without the presence of the defendant. To do this, you need to issue a power of attorney to someone who can represent his interests during the divorce proceedings in a Russian court. This is the fastest way to divorce your Ukrainian spouse living outside our country.

Divorce proceedings with a citizen of Ukraine

The process of dissolving a marriage in court between a Russian husband and a Ukrainian wife is practically no different from the reverse situation. The only difference in the procedure can be considered only in determining the place of residence of the minor children of the couple.

As is known, the court often prefers to leave children in the care of their mother. And if she lives in the territory of another state, then the spouses must resolve issues regarding the joint participation of parents in their upbringing and financial support.

How long does the divorce process for Ukrainian citizens take?

It has already been said above that divorce in the registry office takes 30 days. In court, divorce also occurs after 1 month. However, in some cases this period may be extended:

• the court can set a time for the spouses to reconcile - this can be allocated from one to 3 months;
• If the court sends notices to a citizen of Ukraine by mail, the process may also drag on for up to one month, depending on the work of the post office and the Ukrainian court.

Moreover, when the marriage has already been dissolved, another 30 days are provided for appealing it. If the other party decides to appeal the court decision, the process may drag on for another 3 months.

Divorce and dissolution of marriage with a citizen of Ukraine

“Divorce without stress from a citizen of Ukraine.” As part of the special “Divorce without Stress” program developed by our specialists based on many years of experience, you receive a comprehensive range of legal services related to divorce from a citizen of Ukraine in court.

Legal advice within the framework of a special program includes a detailed study of your particular situation and is not limited in time. Reception is conducted only by specialists with at least 5 years of experience.

Family legislation of the Russian Federation allows residents of other states and citizens of the Russian Federation who have a registered marriage to dissolve it through the competent authorities in Russia using the legislation in force at the time of application.

With the help of professional lawyers of the MCPI “Planet of Law”, you can completely avoid the need to appear at the registry office or in court, which is especially important for a trial that takes a long time. We invite you to call the phone number + 7 (495) 722-99-33 and state your task.

When divorcing citizens of Ukraine and the Russian Federation, only Russian legislation is applied, as stated in the provisions of Art. 160 of the RF IC, but taking into account international and national rules of law in the country of which the spouses have citizenship.

The general procedure for dissolving a marriage with a Ukrainian spouse is generally no different from the procedure for dissolving a marriage with a foreigner of any state, however, some points are worth dwelling on in more detail.

Important! If you do not know how to get a divorce on the territory of the state of Ukraine, then you can contact either the registry office or the judicial authorities of the Russian Federation - to which you have the right. Of course, you can try to dissolve a marriage in Ukraine, according to the legislation in force there, but taking into account the socio-political situation in this state today, it is recommended to carry out all legally significant actions in Russia.

Cost of services

Name	Price
In Ukraine	from 10,000 rubles
With a citizen of Ukraine	from 15,000 rubles

What documents are required

You only need to have a passport. All other documents and information, including the statement of claim, will be collected and prepared by the specialists of the ICPI “Planet of Law” without your participation.

How to divorce your Ukrainian husband through court

A marriage is dissolved by court in cases where the wife, a citizen of the Russian Federation, and the husband, a citizen of Ukraine, have minor children from a joint marriage, or in the event of a spouse evading appearance at the registry office or preventing the dissolution of the marriage in any other way.

The statement of claim is submitted to the magistrate at the place of residence of the defendant, and in situations where his place of residence is unknown - at the last known region of residence or at the location of the main part of the property.

The claim for divorce must comply with the requirements of the Civil Procedure Code.

How to divorce your Ukrainian wife through court

There are no specific features of divorce; the whole procedure is practically no different from a divorce from a Ukrainian husband.

The only serious issue may be determining the place of residence of children (if they are from marriage), who, according to established practice, most often remain with their mother. In this case, the court must immediately raise the question of establishing a procedure for communication with children by each of the parents, especially taking into account the wife’s residence outside the Russian Federation.

In the absence of children and disputes, the marriage is easily dissolved through the civil registry office of the Russian Federation on a joint or individual application submitted by each person.

Deadlines

The court dissolves the marriage within 1 month from the date of filing the claim, but this does not mean that the decision on divorce will be issued strictly within a month.

The time period for obtaining a court decision may increase due to the following factors:

• The period for reconciliation of spouses is up to 3 months, which may be set by the court.
• The court sends an order to another state at the husband’s place of residence or repeatedly notifies him by mail, which may take another 1 month, taking into account the timing of the movement of correspondence.
• The court decision enters into force after 1 month from the date of its issuance, unless it is appealed, and if appealed - for another 1.5-2 months;

The best way to reduce the time it takes to consider a divorce case is to entrust the litigation to professionals, however, the month period for consideration of the case and the month period for the decision to enter into force cannot be reduced under any circumstances. The specialists of the MCPI “Planet of Law” always do everything possible to avoid delays.

As a general rule, if spouses do not have children under 18 years of age together, and they have reached an agreement to terminate the marriage, they have the right to apply to the registry office at the place of marriage or region of residence to officially terminate the marriage relationship.

In the absence of a Ukrainian spouse in the territory of the Russian Federation, but with his consent to dissolve the marriage, there are no obstacles to terminating the marriage through the civil registry office. A resident of Ukraine only needs to submit a notarized application to the registry office at the place of marriage registration or at the place of residence of the second spouse.

Through the registry office in the Russian Federation, a marriage with a Ukrainian is also terminated in cases where the spouse, a resident of Ukraine, is declared missing or incompetent by decision of a competent court.

It does not matter whether the decision of which court - the Russian Federation or Ukraine - made this decision, it must be submitted to the registry office.

For decisions of foreign courts, it is necessary to obtain a notarized translation into Russian for submission to the Civil Registry Office of the Russian Federation.

The marriage is terminated after 1 month from the date of submission of applications to the registry office, and a certificate of dissolution is issued, which is recognized as valid in both states.

The “Stress-Free Divorce” service will allow you to easily end your marriage even without a visit to court - all this will be taken care of by our specialists. You simply call our office and outline the details of the intended process. The cost of our services is stable and is not subject to any changes during the course of the case. Contact us by phone + 7 (495) 722-99-33 and relieve yourself of the burden.

How to divorce a citizen of Ukraine

Divorce in Russia through the registry office is possible if the spouses do not have children together and both agree to separate. This is done like this:

 Both draw up a joint application and submit it to the registry office at the place of registration of the marriage or at the residence address of one of the spouses.

If a foreigner cannot come to submit documents, he has the right to draw up a separate application, have it certified by a notary and send it by registered mail to a government agency or through a legal representative.

The application is reviewed within a month . Registration of the termination of marriage is carried out in the presence of one of the spouses: at this time, an entry is made in a special book and a certificate is issued. The other party can pick it up later; a joint appearance is not required.

How to get a divorce without the participation of a foreign husband? Usually the process is complicated by the impossibility of the personal presence of the second foreign spouse, so the first one has the question of whether it is possible to get a divorce without his participation . Yes, through the registry office this is possible in two ways:

• Submission by the absent party of a notarized statement.
• Joint filling out of the application through the State Services portal. Here, one party first fills out their part, then invites the second spouse to fill it out remotely.

When using the portal, both spouses must have verified accounts.

Important! Based on Art. 19 of the RF IC, it is possible to terminate a marriage unilaterally if the second spouse is missing, declared incompetent, or sentenced for a crime to real punishment for a term of at least 3 years.

In this case, the husband or wife can use Form No. 11 and apply to the registry office independently, submitting documents confirming the existence of grounds for the simplified procedure.

Where to contact

If the marriage is registered on the territory of a foreign state, the dissolution is carried out there. Citizens of the Russian Federation have the right to contact the consulate.

Filling out an application

Application forms were approved by Order of the Ministry of Justice dated October 1, 2018 No. 201. If a joint document is being filled out, form No. 9 is completed.

If it is impossible for the absent spouse to make a personal visit, Form No. 10 is used. If termination is carried out unilaterally (simplified), Form No. 11 is relevant for the applicant.

In all cases, the application shall indicate the following information:

• name and address of the registry office that registered the marriage;
• date of marriage;
• FULL NAME. spouses;
• details of the marriage certificate;
• petition for termination and assignment of surnames (specify);
• date of completion and signature.

There is no need to indicate the reasons for the separation.

Documentation

According to the general rules, an application, old marriage license and passports of the parties are provided to the government agency. If a citizen is absent, a certified translation is sent to them.

State duty

In the Russian registry office, the state duty for each party is 650 rubles.

Divorce from a citizen of Ukraine in court

Appeal to the court is relevant if there are common children, disagreement or deliberate avoidance of visiting the registry office by one of the spouses. What the procedure looks like:

1. The spouse, a citizen of the Russian Federation, files a statement of claim in court . When applying to a magistrate's court, the case is considered for 1 month, to a district court - 2 months. The consideration period is affected by additional claims: for division of property, collection of alimony, etc.
2. The claim is accepted for proceedings within 5 days by the judge , and an appropriate ruling is made.
3. The parties are invited to the meetings . If the foreign defendant cannot be present, he has the right to submit a request to consider the case without his participation. It is allowed to protect his interests by a legal representative. In the absence of a petition and a defendant for valid reasons, the hearing may be postponed.
4. A conciliation period of up to three months may be assigned if the defendant opposes or the court considers it possible to save the family. After the expiration of the specified period, if there are objections, the marriage is considered dissolved.
5. Based on the results, a decision is made. An extract from it is sent to the registry office.

By default, divorce proceedings are carried out at the defendant’s place of residence. If he is located abroad, the laws of that country apply.

In case of termination abroad, a court decision is issued. The initiator must have its translation certified by a notary and submitted to the registry office. Subsequently, a certificate is issued after a month.

Documentation

When applying to court, the plaintiff provides an application, a receipt for the transfer of fees, a passport, children's birth certificates, and a marriage certificate. If property is divided at the same time, ownership documents will be needed.

State duty

Before filing a claim, the initiator pays 650 rubles. A similar amount is transferred after legal proceedings to the registry office. Details of both government agencies can be found on their official websites.

Statement of claim

During proceedings in the Russian Federation, the claim is filled out in accordance with the rules of Art. 131 Code of Civil Procedure of the Russian Federation. The following data is entered into it:

• name of the judicial authority;
• FULL NAME. parties;
• date of marriage registration;
• request for termination;
• information about children;
• initiator's signature.

The claim is drawn up in two copies. One remains in court, the second is returned to the plaintiff with a registration mark. A copy of the document is sent to the defendant.

How to file a divorce from a foreigner

Divorce from a foreigner is a complex procedure. You need to be prepared for the fact that you will need to spend a lot of time on it. In this case, spouses should take into account a number of characteristic features, and even better, agree peacefully on the details of the divorce. This will help resolve the divorce case successfully for each party.

General information

In Russia, according to the principles of the functioning of the rules of law, the current laws of the country are used for a foreign citizen who gets married. First of all, you should rely on the Family Code. Divorce can be accomplished through the court or the registry office.

It is very important that the very fact of termination is recognized not only on the territory of the Russian Federation, but also in the country of the second spouse. The divorce is confirmed by authorized bodies of other countries. This happens after presenting a set of necessary documentation. You can use the influence of consular offices or diplomatic missions located in Russia.

Dissolution of the union

The easiest way to get a divorce in Russia is through the registry office. The procedure is carried out within 30 days. But it is suitable only in cases where there are no specific encroachments on money or it is not possible to peacefully divide the objects of jointly acquired and acquired property, and there are no disputes regarding children. In this case, both persons mutually agree to end their relationship officially.

If the noted conditions are met, it means that the divorce stamp will be issued after performing the manipulations according to the classical scheme. To divorce a foreigner, a package of documents is provided to the registry office. Among them:

• statement of both subjects;
• passports to confirm identity and citizenship;
• a document reflecting the state registration of the marriage;
• a receipt reflecting payment of the state duty.

After a month, individuals must pick up a certificate with a stamp on it, confirming the legal termination of the relationship. If disputes arise, the parties go to court. To do this, they provide a list of documents, which can be obtained from the authorized body at the place of residence. After accepting the application, the court begins proceedings and makes a decision.

Without the presence of one of the spouses

It is possible to divorce a married couple if one of the parties is abroad.

However, the divorce will take longer because there are a number of things to consider. But this is a real procedure, albeit a very long one.

If there are no foreigners in the registry office, they will be divorced after they provide a statement certified by a notary, which must be stamped. The entire procedure is carried out within 30 days according to classical rules. If it cannot be carried out in this way, then one of the spouses writes a statement to the court.

In order for the court to accept a document, it must be sent to the appropriate authority at the defendant’s place of residence. If a foreigner has left, his last place of residence must be noted in the statement of claim. It is imperative to indicate that the new address is unknown or it is impossible to travel there.

Next, the entire procedure is performed without a person acting as a defendant. But it is necessary for the foreigner to familiarize himself with the claim document and confirm this in accordance with the law. The easiest way is for a representative of the defendant to come to the Russian court.

A power of attorney is issued to him to protect his interests during the consideration of the entire case. A court decision on divorce must be legalized in a foreign country. Documents are sent with parcels.

If the condition is not met, then a complete dissolution of the marriage will not be possible.

Divorce proceedings with a foreigner in Ukraine

Divorce from a foreigner in Ukraine is a procedure that is somewhat different from the usual one. Often one of the parties needs advice from a lawyer who can help resolve disputes. In the process, it is very important to pay attention to the principles of legal status assigned to foreigners in the country.

First of all, foreign entities have rights similar to citizens of Ukraine. According to current laws, does a foreigner need to be present in the country at the time of divorce? If a person has such an opportunity, and there are no difficulties with his arrival, then this is only a plus for the judicial authorities.

Registration rules: it is necessary to submit an application for divorce by one of the spouses if the second does not have the opportunity to come to Ukraine.

For example, a woman living on the territory of the Ukrainian state can prepare a sample application for her husband if he lives abroad or is there on a long business trip and cannot come for any valid reason.

Such an action, from a legal point of view, is correct and quite natural. A sample document can be viewed in one of the appendices of the registration rules.

It is the foreigner’s responsibility to fill out the document in their native language. Next, it needs to be notarized for the application to become valid, after which the document is delivered to Ukraine.

A citizen of another country receives it, translates it into the state language, and has it certified by a notary.

If such an application is submitted within 30 days from the date of performing the specified manipulation, the foreigner must provide written notification to the Civil Registry Office. It reflects his approval for voluntary termination without his direct presence in the country. The document must indicate the location of the organ.

How to divorce a citizen of Ukraine

Legislative basis for divorce

Regardless of the fact that both spouses are of different nationalities, divorce between subjects is primarily regulated by the Family Code of the Russian Federation. True, the peculiarities of international law of a state like Ukraine are also taken into account. During a divorce, the interests of both parties must be respected, and not just the one who has Russian citizenship.

Based on this, a divorce between such entities can be carried out both in Russia and Ukraine, as well as in any other country, taking into account international law.

Another thing is that in view of recent events, experts and experienced lawyers still advise to carry out a divorce in Russia, otherwise a situation may arise where the rights of Russians are suppressed.

Divorce through the registry office

In principle, if spouses have no claims against each other, they both agree to divorce, then there is no difference in who has what citizenship. For example, if the law allows for divorce through the registry office, then the married couple exercises their right.

When spouses with Russian and Ukrainian citizenship can get a divorce without any problems in the Civil Registry Office of Russia:

1. When there are no common children who have not yet reached adulthood;
2. When spouses both want a divorce and there are no fundamental objections from one of the parties;
3. When there are no property disputes.

In this case, the procedure is standard: both spouses must submit an application to the institution that they agree to a divorce and pay a state fee of 650 rubles. Each party pays this state fee, that is, the total costs are 1,300 rubles.

In practice, a difficulty may arise: a subject with Ukrainian citizenship is absent while in Ukraine. What to do in this case, is it possible to file for divorce?

Yes, it is possible, the main thing is to obtain documentary evidence of consent from such a subject. The subject must submit a divorce petition certified by a notary. In this case, it is allowed to certify the document both in Russia and in Ukraine. The application can be sent in writing by mail.

Also, the legislation of the Russian Federation allows for the unilateral dissolution of a marriage with a Ukrainian without the consent of the other party. You can get such a divorce if a subject with Ukrainian citizenship:

• Declared deceased or currently missing;
• If he is sentenced to more than three years. A conviction for a term of less than three years does not provide such a right, nor does being taken into custody itself. You should already have a sentence in your hands that has entered into force;
• If the subject is deprived of legal capacity.

There is no fundamental difference in the decision of which court the subject is recognized as such. The main thing is to have documentary evidence of this fact.

And it makes no difference which court, Russian or Ukrainian, will issue it.

The only thing you need to understand is that you do not need copies of the decision (copier), but duplicates of such documents, that is, papers officially issued by the court. As a rule, they are provided upon official request.

After all the documents are in hand, the registry office employees accept and review them. The fact of divorce is registered 30 days after filing.

Judicial divorce procedure

Like divorce from Russian citizens, divorce between a Ukrainian and a Russian woman can go through the courts. This happens in the following cases:

• One of the parties is fundamentally against divorce;
• There are children who have not reached the age of majority;
• There are property disputes.

It is important to submit documents to the court that has jurisdiction over the issue. If a Ukrainian lives on the territory of Russia, then the documents are submitted to the magistrate’s court, the district court at the actual place of residence of the defendant. If such a place is not known or the Ukrainian lives outside the territory of the Russian Federation, then the plaintiff submits documents at the place of his residence or at the place of marriage.

True, if the papers are filed in the district court of their district, and the plaintiff lives in Russia, then the claim must indicate a valid reason why it is impossible to file the papers at the defendant’s place of residence.

Difficulties arise when a Ukrainian is absent from the country. In this case, the Russian court must send a notice of the court hearing. This can be done either by mail, if the place of residence is known, or through interaction with the judicial system of Ukraine.

If a Ukrainian cannot be present in court at the trial, then he can write a power of attorney to the person who will represent his interests. As a rule, this is a lawyer. Then the divorce process will go quickly.

Divorce from Ukrainian citizens, how to get a divorce in Russia?

Family legislation of the Russian Federation allows residents of other states and citizens of the Russian Federation who have a registered marriage to dissolve it through the competent authorities in Russia using the legislation in force at the time of application.

When divorcing citizens of Ukraine and the Russian Federation, only Russian legislation is applied, as stated in the provisions of Art. 160 of the RF IC, but taking into account international and national rules of law in the country of which the spouses have citizenship.

The general procedure for dissolving a marriage with a Ukrainian spouse is generally no different from the procedure for dissolving a marriage with a foreigner of any state, however, some points are worth dwelling on in more detail.

Important! If you do not know how to get a divorce on the territory of the state of Ukraine, then you can contact either the registry office or the judicial authorities of the Russian Federation - to which you have the right. Of course, you can try to dissolve a marriage in Ukraine, according to the legislation in force there, but taking into account the socio-political situation in this state today, it is recommended to carry out all legally significant actions in Russia.

How to divorce your Ukrainian husband through court

A marriage is dissolved by court in cases where the wife, a citizen of the Russian Federation, and the husband, a citizen of Ukraine, have minor children from a joint marriage, or in the event of a spouse evading appearance at the registry office or preventing the dissolution of the marriage in any other way.

The statement of claim is submitted to the magistrate at the place of residence of the defendant, and in situations where his place of residence is unknown - at the last known region of residence or at the location of the main part of the property.

The claim for divorce must comply with the requirements of the Civil Procedure Code.

How to divorce your Ukrainian wife through court

There are no specific features of divorce; the whole procedure is practically no different from a divorce from a Ukrainian husband.

The only serious issue may be determining the place of residence of children (if they are from marriage), who, according to established practice, most often remain with their mother. In this case, the court must immediately raise the question of establishing a procedure for communication with children by each of the parents, especially taking into account the wife’s residence outside the Russian Federation.

In the absence of children and disputes, the marriage is easily dissolved through the civil registry office of the Russian Federation on a joint or individual application submitted by each person.

Deadlines

The court dissolves the marriage within 1 month from the date of filing the claim, but this does not mean that the decision on divorce will be issued strictly within a month.

The time period for obtaining a court decision may increase due to the following factors:

• The period for reconciliation of spouses is up to 3 months, which may be set by the court.
• The court sends an order to another state at the husband’s place of residence or repeatedly notifies him by mail, which may take another 1 month, taking into account the timing of the movement of correspondence.
• The court decision enters into force after 1 month from the date of its issuance, unless it is appealed, and if appealed - for another 1.5-2 months;

The best way to reduce the time it takes to consider a divorce case is to entrust the litigation to professionals, however, the month period for consideration of the case and the month period for the decision to enter into force cannot be reduced under any circumstances.

Divorce by agreement of the parties

As a general rule, if spouses do not have children under 18 years of age together, and they have reached an agreement to terminate the marriage, they have the right to apply to the registry office at the place of marriage or region of residence to officially terminate the marriage relationship.

Agreement of the parties

In the absence of a Ukrainian spouse in the territory of the Russian Federation, but with his consent to dissolve the marriage, there are no obstacles to terminating the marriage through the civil registry office. A resident of Ukraine only needs to submit a notarized application to the registry office at the place of marriage registration or at the place of residence of the second spouse.

Through the registry office in the Russian Federation, a marriage with a Ukrainian is also terminated in cases where the spouse, a resident of Ukraine, is declared missing or incompetent by decision of a competent court.

It does not matter whether the decision of which court - the Russian Federation or Ukraine - made this decision, it must be submitted to the registry office.

For decisions of foreign courts, it is necessary to obtain a notarized translation into Russian for submission to the Civil Registry Office of the Russian Federation.

The marriage is terminated after 1 month from the date of submission of applications to the registry office, and a certificate of dissolution is issued, which is recognized as valid in both states.

How to file a divorce from my husband, a citizen of Ukraine?

Ukrainians and Russians are fraternal peoples. It is no secret that currently the relationship between them is not the best. A crisis in a relationship can also happen in a family where one of the spouses is a citizen of Russia and the other is a citizen of Ukraine. If married life does not work out, the husband and wife can always divorce, but in this case a lot of questions arise.

How to file a divorce from a Ukrainian husband? And how to divorce your Ukrainian wife? Does the citizenship of the spouses, one of whom is a citizen of Russia, the other of Ukraine, affect the divorce process?

By the way, a marriage can be declared invalid. We described how to do this in our article.

What is the difference between a divorce between a Russian wife and a Ukrainian husband?

Let's answer right away - nothing. Termination of a marriage with foreign citizens (including Ukrainians), as well as stateless persons, is regulated by Art. 160 of the RF IC and international law. It is possible to dissolve a marriage with a Ukrainian man or woman both in Russia and in Ukraine. If the procedure and legal norms are followed, the divorce is legalized - recognized as legal.

At the same time, the unstable political situation and strained relations between the two states should be taken into account. For this reason, it is better to carry out such a legally significant action as divorce on Russian territory.

Divorce proceedings with a Ukrainian

Let’s take a closer look at the procedure for divorcing a spouse who is a Ukrainian citizen.

Registration of divorce in the registry office

According to family law, if an agreement to end the marriage between the wife (Russian citizen) and husband (Ukrainian citizen) is reached, the divorce can be done at the registry office. But under the following conditions:

• the married couple does not have common children under the age of 18;
• all property claims are resolved;
• the spouse agrees to sign the divorce documents and come to the registry office to participate in the procedure.

You need to contact the registry office where the marriage was registered, or at the place of residence of the spouses (or one of the representatives of the married couple).

Question: is it possible to terminate a marriage in the registry office if the Ukrainian spouse left Russia and lives outside of it?

Answer: it is possible if consent to divorce is obtained. It is not necessary to come at all, just fill out an application and have it certified by a notary. In this case, the divorce will be registered in absentia, in the absence of the spouse.

Even if a married couple is raising a child, or the husband does not want to get a divorce, a divorce can be filed at the registry office. But only if the husband:

• incompetent, as confirmed by a court decision;
• declared dead or missing – also in accordance with a court decision;
• found guilty of committing a criminal offense and sentenced to real punishment - imprisonment for 3 or more years.

Note! It does not matter which court made the decision against the husband - Ukrainian or Russian. The very presence of a document is already grounds for divorce in the registry office. But if the decision was made by a Ukrainian court, the document must be translated into Russian, and the translation must be certified by a notary.

A month after filing the application, the registry office employees register the divorce in the deed book. Now the former spouses receive one copy of the certificate, which is valid on the territory of Russia and Ukraine.

Registration of divorce in court

A marriage between a wife - a citizen of Russia and a husband - a citizen of Ukraine is terminated in court if...

• one of the parties does not want to get a divorce;
• the husband or wife avoids appearing at the registry office;
• the family has a common minor child;
• no agreement has been reached on the issue of property division.

According to the general procedure, claims for divorce are considered by magistrates or district (city) courts of general jurisdiction - at the place of residence of the defendant. If the location of the Ukrainian husband is unknown, then the application is sent to the court located at the last place of residence of the spouse or at the location of the main part of his property.

Please note: if there is information that the spouse has left Russia and is permanently abroad, the spouse can file a claim with the court located at the place of her own residence.

In addition, the application is considered at the spouse’s place of residence if evidence is provided that she cannot travel outside the region to participate in court hearings (for example, she is ill or minor children live with her).

Is it possible to file a divorce from a Ukrainian in absentia?

If the spouse categorically does not want to get a divorce, has left for another country, or his place of residence is unknown, the divorce process will be difficult.

The whole point is that the judge is obliged to notify the defendant about the start of the trial, and this must be confirmed by documents (for example, a postal notice, a receipt). In addition, the spouse must receive a copy of the claim.

If notification and delivery of the claim by post is impossible, this is done with the help of the Ukrainian judicial system. The court in Ukraine will summon the husband and serve divorce papers and a summons.

There is another option for an absentee divorce from a Ukrainian husband - issuing him a power of attorney to represent interests in a Russian court. This allows you to quickly terminate a marriage with a citizen of Ukraine (or another country) if he lives outside of Russia and does not want to be present at the divorce.

You will read about how to divorce a foreign citizen in absentia in the article “Divorce in absentia from a foreign husband in his absence.”

Divorce from a Ukrainian woman

The procedure for dissolving a marriage with a Ukrainian woman is identical to divorcing a Ukrainian man.

But keep in mind one nuance: if a married couple is raising a common child, in addition to the divorce, the court will determine the issue of the minor’s place of residence. Very often the courts side with the mother. And if the spouse plans to leave Russia, the court must raise the question of how the child’s father will be able to exercise his parental rights.

In the article “How to divorce your husband if you have a child,” we talked about what problems may arise when determining the place of residence of children.

How long does divorce proceedings with a Ukrainian last?

As we noted above, a divorce at the registry office will occur no earlier than a month after all documents have been submitted.

The minimum period for divorce proceedings in court is also at least 30 days from the date of registration of the claim in the office. However, under certain circumstances, the monthly period may be significantly extended:

• if the judge sets a time for reconciliation (as a rule, such a period does not exceed 3 months);
• if the spouse is notified by mail or in a Ukrainian court. The divorce process can take a significant amount of time, depending on how quickly the postal services and Ukrainian judicial authorities work.

It should be noted that the court decision comes into force only a month after its adoption - the parties are given time to appeal it. And if the spouse files an appeal, the court decision will come into force after consideration of the complaint.