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Divorce from a serviceman has its own particularities, especially under martial law. As a family attorney, I want to explain the main aspects of this process so that you are ready for all the nuances.
The possibility of taking part in court: The legislation allows a serviceman to take part in court hearings via videoconference or by submitting a written statement.
Flexible time limits: Courts may set more flexible time limits for considering cases, taking into account the specifics of military service.
Jurisdiction: A claim can be filed both at the place of residence of the claimant and at the place of service of the serviceman.
Divorce from a serviceman can take place in two ways:
Through the civil registration office (RATsS):
Possible only by mutual consent of the spouses and in the absence of common minor children.
If the serviceman cannot come in person, his consent can be formalized as a notarized statement, which can also be certified by the commander of the military unit.
The procedure takes one month from the moment the application is submitted.
Through the court:
A court procedure is required if there are common minor children, property disputes, or the absence of consent of one of the spouses.
A claim can be filed at the place of residence of the claimant, which simplifies the process.
The court notifies the serviceman of the consideration of the case through the command of his military unit.
Alimony and custody: The status of a serviceman does not affect parental rights. When determining the child’s place of residence and the amount of alimony, the court takes into account all income, including monetary allowance and additional payments.
Division of property: The division of joint property takes place taking into account all circumstances, especially if the housing was obtained under a program for servicemen.
Can you divorce a serviceman during martial law? Yes, the legislation does not prohibit divorce during this period.
Is the serviceman’s consent required for a divorce? For a divorce through the court his consent is not required. Through the civil registration office (RATsS) it is mandatory.
Does the status of a serviceman affect custody of a child? No. The court is guided by the best interests of the child and takes into account all the circumstances of the case.
How are the questions of alimony resolved? Alimony is calculated on the basis of all income, including monetary allowance.
If you need professional help in the divorce process, I am ready to provide a qualified consultation and full legal support for your case.
Author: Ilona Melnychuk, attorney In Brief You can dissolve a marriage through the registry office (DRATS, the body for the state registration of civil status
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