Contents:
- What are the ways to end a marriage?
- What changed during martial law?
- A short checklist before the start
- If there are no children together and there is consent
- If you both agree but have children
- If the other spouse is absent or incapacitated
- What happens after a divorce?
- When legal advice saves time
War often accelerates decisions that were already ripe. Some need to be legally “untied” to move, get documents, or protect children. Others need to end relationships that have become dangerous or exhausting.
This material is general information about typical divorce scenarios in Ukraine. It is not a substitute for personal legal advice: in family matters, details matter, and they determine the right path.
What are the ways to end a marriage?
In Ukraine, there are several ways – depending on whether there are children together, whether both parties agree, and whether there are special circumstances.
- Through the Civil Registry Office (CRC) upon a joint application – when the spouses do not have children. This right is directly provided for by the Family Code of Ukraine.
- Through the DRACS body upon application of one of the spouses – when the other is recognized as missing or legally incapable (but these are statuses that are established by court decision).
- Through the court:
- at the request of one of the spouses – the most common option if there are children or there is no consent;
- upon a joint application of a spouse who has children – if there are agreements between you and a written agreement regarding children (and, separately, a notarized agreement regarding alimony).
An important practical point: “divorce” as the termination of a marriage is one thing, but disputes about children, alimony, and property are another. They can be resolved together or separately, depending on the situation.
What changed during martial law?
The basic rules of family law were not “abolished by war.” But the reality has changed: people are in different countries, some are in service, some are in occupied territory, some have difficulty obtaining documents or coming to meetings.
There is also a formal adaptation: during martial law, state registration of civil status acts (including divorce) can be carried out by any body of the State Civil Registry Office upon the applicant’s request. This helps when “your” department is unavailable or you are temporarily in another city.
There is also more flexibility in participation in judicial procedures: remote formats are possible, but they require properly drafted petitions and technical conditions.
A short checklist before the start
- Determine the route: DRACS or court (depending on the children and consent).
- Record your position regarding the children: who they live with, how the other parent communicates, who finances their needs and how. If you are going with a “joint application with the children” – without an agreement, the court will not consider such an application on its merits.
- Think about the property: should it be divided now or separately?
- Assess the logistics: where you are physically located, whether you can come, or whether remote participation is required.
It’s not much, but this step alone saves weeks.
If there are no common children and there is consent: divorce through the Civil Status and Family Court
When the couple does not have children, you can submit an application to the DRACS body and go through the administrative procedure.
Typically, documents are submitted in person. However, if one spouse is unable to submit an application for a valid reason, the other spouse may submit it on their behalf, provided that the application is notarized or equivalent to a notarized one.
After submitting the application, the DRACS draws up a record of the dissolution of marriage after one month, unless the application has been withdrawn.
During martial law, you can apply not only to the “place of registration”, but to any DRACS body upon the applicant’s request. This often solves the problem when the family has left their hometown.
A separate nuance for those who are abroad: the law provides that state registration of civil status acts for citizens of Ukraine abroad is carried out by diplomatic and consular institutions, and divorce is possible there for citizens who permanently reside abroad. In practice, it is worth clarifying the possibility and list of documents in a specific institution.
If there are children or there is no consent: divorce through the court
Where to apply
The general rule is that the lawsuit is filed at the place of residence/stay of the defendant. However, there are important exceptions: lawsuits for divorce may also be filed at the place of residence/stay of the plaintiff, if he has minor or underage children in his care, or if he cannot leave due to health or other valid reasons. Also, by agreement of the spouses, the case may be heard at the place of residence/stay of any of them.
This is especially true during wartime, when moving may be a risk or simply physically impossible.
How to submit documents and not get stuck on technical issues
One way is to submit through the “Electronic Court” system. The portal states that authorization is possible, in particular, through Diia.Signature and cloud signature.
Remote participation in the hearing is also possible. An application is submitted for a video conference, and the legislation stipulates a deadline for submission – no later than five days before the court hearing (with a copy sent to other participants within the same period).
In real life, the main “failures” here are typical: incorrectly determined jurisdiction, incomplete package of documents, errors in paying court fees or in the wording of claims. And each such error usually means a loss of time.
What does the court assess in a divorce case?
If filed by one of the spouses, the court will investigate the actual relationship, the reasons for the claim, and take into account the circumstances of the spouses’ lives and the presence of children. A decision will be made if the court determines that continued living together and preserving the marriage would be contrary to the interests of one of the spouses or the children.
The court may also take measures to reconcile the spouses, if this does not contradict the moral principles of society. At the same time, the Family Code explicitly states: if one of the spouses has committed domestic violence, reconciliation measures shall not be taken.
This is important not only legally, but also psychologically: people are often afraid that they will be “forced to put up with it.” The law is based on a different logic.
If you both agree but have children: a “joint application to the court” as a shortcut
If there is no conflict and you want to go through the process calmly, the Family Code provides for the possibility of filing a joint application for divorce with the court along with a written agreement about the children: who they live with, what is the participation of the other parent in ensuring living conditions, and how the right to personal upbringing is exercised.
Separately: the agreement on the amount of child support must be notarized.
In this scenario, the court issues a decision after one month from the date of filing the application, and the application can be withdrawn before this period expires.
This path is often chosen by couples who want to minimize contact and the risk of emotional escalation, but at the same time make everything legally clear.
If the other spouse is missing or incapacitated
Such situations are more common during war. It is important to distinguish between “no contact” and legal status.
The DRACS body may dissolve a marriage upon the application of one of the spouses if the other:
- declared missing;
- declared incompetent.
The key word is “recognized.” This means that there must be an appropriate court decision. And only after that, the administrative path through the DRACS opens.
What happens after a divorce?
The moment of termination of marriage depends on the method:
- if the marriage was dissolved through the Civil Registry Office – on the day of state registration of the dissolution;
- if the marriage is dissolved by court – on the day the court decision enters into force.
After the court decision, the data must be entered into the registry, and in practice there is still a “technical layer” of actions: checking marks, obtaining documents, correctness of data. It is at this stage that people often realize that they need support, even if the court itself was “without drama.”
When legal advice really saves time and nerves
- You are in different cities/countries and need to plan your submission and participation without unnecessary travel.
- There are children, and you want to formalize the agreements so that they work, not just “hang on words.”
- There is no connection with the other spouse or there is a question of missing/incapacitated status.
- There are signs of domestic violence, and it is important to build a process without dangerous “reconciliations.”
At SENSE, we usually start with a brief diagnosis: what route do you have (DRACS or court), what are the risks for children and documents, can the process be simplified, and what is better to decide immediately and what to separate.