Divorce in the absence of one of the spouses: algorithm of actions and the role of a lawyer

Situations when one of the spouses disappears from life physically or emotionally, unfortunately, are not uncommon. Cases when the person has gone abroad, does not get in touch, or simply ignores any attempts to settle the relationship, put the other partner in a difficult position. However, Ukrainian legislation provides the opportunity to dissolve the marriage in the absence of one of the spouses - it is only important to know how to act correctly. In such cases, professional help divorce lawyer plays a crucial role, especially if the case is being heard without the participation of the other party.

When is a marriage dissolution possible without the participation of the other spouse?

The court may consider a divorce case without the personal presence of one of the spouses if:

• the whereabouts of this person are unknown;
• she refuses to come to court;
• lives abroad for a long time and does not maintain contact;
• evades official notification;
• fails to appear in court without good reason after being summoned.

In such cases, the court has the right to consider the case in absentia.

Action algorithm: what to do if you want to get a divorce, but the other spouse has disappeared?

If one of the spouses has disappeared, you need to take the following steps:

1. Preparing a lawsuit. It is necessary to draw up a statement of claim for divorce and collect all the necessary documents: a copy of your passport, TIN, marriage certificate, documents about children (if any), certificates of residence, etc.
2. Filing a lawsuit in court. The lawsuit is filed with the local court at the defendant's registered place of residence. If his place of residence is unknown, at the plaintiff's place of residence.
3. Taking measures to notify the defendant. If the defendant's last place of registration or work is known, the court sends a summons there. If not, the court may announce the hearing of the case in a special register or on the court's website.
4. Hearing the case in absentia. If the defendant does not appear, does not provide explanations, or does not file objections, the court may issue a decision in absentia to dissolve the marriage.

After the court decision enters into force, it can be used as official confirmation of the divorce (obtain an extract or a new certificate from the Civil Registry Office).

Peculiarities of a trial without the participation of the defendant

The procedure is complicated if the party is abroad or conceals his/her whereabouts. The court may require evidence that the defendant cannot be found or that he/she has been properly informed. In the event of submitting fictitious information about the disappearance of a person, there may be consequences for the plaintiff (from refusal to satisfy the claim to fines).

That is why Lviv lawyer Roman Kisil notes that even in a "simple" divorce without the participation of the other party, legal accuracy and strict adherence to procedural requirements are important. A lawyer will help you properly prepare documents, justify your position in court, and reduce the risks of a lawsuit being rejected.

The role of a lawyer in the divorce process in the absence of a partner

Legal support is not just about papers. An experienced lawyer:

• will help you to correctly draft a statement of claim;
• will take over all formal communications with the court;
• controls the delivery of summonses;
• prepare arguments in case a party suddenly appears in the process;
• will represent your interests in court without your presence (by power of attorney);
• will appeal the negative court decision, if one is made.

In most cases, it is the presence of a lawyer in the case that speeds up the process and reduces the emotional burden on the client.

Summary

Divorce without the participation of one of the spouses is a real procedure, but it requires thorough legal preparation. Bureaucratic nuances, features of absentee proceedings, possible attempts by the defendant to delay the process - all this requires professional support. If you find yourself in a situation where you want to end your marriage, and the other spouse has disappeared or is ignoring you, contact a specialist. Lviv lawyer Roman Kisil will help you go through the divorce process quickly, legally and taking into account your rights and interests.