Divorce during wartime: key guidelines for asset division and securing alimony.
Divorce through Court or Registry Office: What's the Difference
Typically, divorce cases are handled without court hearings; however, if a hearing is scheduled, the presence of the parties is not mandatory.
An application can be submitted through authorized state bodies even individually or by proxy, where the right to submit on behalf of the other party is specified.
"The most convenient option is to hire a lawyer who can assist from the application submission to the receipt of the court decision that has come into legal force," explained Daria Starovytova.
Additionally, an application through state authorized bodies can be submitted individually or by proxy, indicating the right to represent on behalf of the other party. This occurs if the partner is serving or cannot attend the state registration authority for any reason. The situation is verified, and subsequently, the state registration authority prepares a record of the divorce one month after the application is submitted.
During a state of martial law in the country, according to the law of Ukraine "On the Legal Regime of Martial Law," the state registration of divorce is conducted by any state registration authority for civil status acts upon the applicant's request, meaning it can be handled not only by registry offices but also by local administrations that have access to the registers.
The rules during martial law stipulate that the individual must indicate their relationship to military service during the divorce, meaning they must present a military ID or certificate. Without this document, it will be challenging to dissolve the marriage, as the appropriate record cannot be made. However, if an application is submitted to the court, no military IDs are necessary.
How to Get Divorced During War and Quickly Obtain Alimony: Lawyer Urges Not to Make a Common Mistake
Regarding the clarification of financial issues between ex-spouses, Daria Starovytova immediately noted: "I do not recommend mixing divorce, alimony, and property division into one process, — this will only complicate and prolong the case review."
Alimony can be obtained quickly without court hearings. To do this, one must submit an application for the issuance of a court order. The court will collect alimony at the rate of 1/4 of income for one child, 1/3 for two children, and 1/2 for three or more children. However, to utilize this simplified procedure, two conditions must be met:
- The applicant must prove that the child lives with them;
- The alimony payer must be registered (permanently residing) in Ukraine.
If the minimum amount of alimony is unsatisfactory to either party, they can file a lawsuit for alimony collection, justify the amount, and provide the corresponding evidence.
0 How to Receive Payments After a Court Decision on Alimony Collection
Collection of funds is enforced — through a state or private executor. If alimony is not paid for an extended period, the executor may impose fines, apply various restrictions, including on driving, and enter details into the Unified Register of Debtors, potentially leading to criminal liability.
It is essential to remember that the court calculates alimony from the date the application is submitted. Therefore, there is no need to delay payments.
1 Property Division: Why This is the Most Complex Category in Family Disputes
Experienced divorce lawyers unanimously agree that property division between former spouses is a lengthy and emotional process.
The main rule of property division according to family law is as follows: everything the couple acquired during the marriage is divided equally.
"However, there are exceptions; in particular, if one party believes that the property belongs to them as personal property, they must prove this in court. If property division occurs through court proceedings, it is the best option for the parties. I advise starting with negotiations or involving a mediator — a neutral party. Mediation has several advantages over court property division: saving time, process flexibility, confidentiality, etc.", the lawyer adds.
2 What You Should Know About Divorce During Martial Law
- Keep your and your partner's documents, as well as those related to property, in both paper and electronic formats;
- Remember, consent, desire, or even the presence of the partner is not required for divorce;
- Before getting married, consult a lawyer to know how to protect yourself in the future;
- Enter into a prenuptial agreement that regulates debt distribution in case of divorce. This will help avoid misunderstandings and financial disputes in the future, as well as simplify resolving these issues in the event of one partner's death.
Timelines and Conditions for Divorce: How Long Does a Divorce Court Process Last?
According to the lawyer, the average duration of a divorce court process is 2-3 months. While alimony is collected from the date of the court application, the expert advises against delay. Even if one partner is outside the country, a lawyer can accompany all court processes, so location is not an obstacle for divorce, alimony collection, and property division.