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Author: Ilona Melnychuk, attorneyKey points at a glance
The decision to divorce is rarely mutual. Often one spouse is ready to put an end to things while the other objects, drags things out, or has disappeared from view altogether. Ukrainian law provides for this: a partner’s unwillingness does not keep you in a marriage against your will. Let us examine how to act when the initiative comes from only one side.
Yes, you can divorce even when your husband or wife is categorically against it. Marriage in Ukraine is based on voluntariness, so the right to marry is inseparably linked to the right to end the marriage. When there is no consent, a court decision replaces it. Article 110 of the Family Code establishes that a claim for dissolution of marriage may be filed by either spouse. The other party’s objection is not an obstacle, since the court cannot refuse merely because the respondent wants to preserve the family. The court’s task is different: to make sure that the spouses’ continued life together and the preservation of the marriage would run counter to the interests of the one who insists on the divorce, or to the interests of their children (Article 112). In practice, the claimant’s persistent unwillingness to continue the marriage is regarded by the court as sufficient grounds. This is what fundamentally distinguishes the one-sided path from divorce by mutual consent, when the spouses apply together without disputes. If you have both reached agreement and have no common minor children, the administrative procedure will be faster; we describe it in a separate article on divorce by mutual consent. But if the other party stays silent, drags out the time, or openly resists, the judicial path remains, and it works even against the respondent’s will.
The choice depends on why the divorce is taking place on the application of only one person. There are two different mechanisms here, and they should not be confused. The first: if the other spouse is alive, legally competent, but does not give consent, drags things out, or is unavailable, the divorce is handled exclusively by a court in adversarial proceedings (Articles 110-112). The presence or absence of common children does not affect this; the court will hear the case in any event. The second mechanism: the civil status registration authority (the registry office) dissolves a marriage on the application of only one spouse, but only in two exceptional cases provided for by Article 107, when the other has been declared by a court to be missing or legally incapacitated. This is a quick administrative procedure without a court dispute over the divorce itself. So, if your partner is simply against it or is hard to find, your path is the court. But if they are legally declared missing or incapacitated, then the registry office is available. Below we examine each scenario in more detail, so that you can immediately work out which one applies to your situation.
The right to file a claim belongs to each spouse regardless of sex, of who took the initiative in the marriage, or of the other party’s conduct. This is directly established by Article 110 of the Family Code. Until recently an exception applied: a husband could not initiate a divorce during his wife’s pregnancy and for one year after the child’s birth, except in certain situations. This ban (the former parts 2-4 of Article 110) was repealed by Law No. 4073-IX, which took effect on 19 December 2024. As of 2026 there is no longer any such restriction: a claim can be filed both during pregnancy and while the child is under one year old. The repeal of the ban does not deprive the wife of the right to maintenance from the husband in the relevant periods, but the very obstacle to going to court no longer exists. We examine the specifics of such situations in more detail in the article on divorce during pregnancy. The claim is filed at the respondent’s registered place of residence, and if young or underage children live with the claimant or it is hard for them to travel for health reasons, the law allows applying to the court at their own place of residence.
If the other party refuses to divorce, the only working tool is a claim to a court. The law does not require any permissions from the respondent. You draw up the statement of claim, pay the court fee, and file the documents with the court. On how to correctly draw up the claim, determine jurisdiction, and which attachments are needed, we have made a separate step-by-step instruction on how to file a statement of claim. The court opens the proceedings and summons the parties. The respondent may object, submit a statement of defence, and insist on preserving the family, but this does not block the divorce. Under Article 112, the court establishes the spouses’ actual relationship, the true reasons for the claim, and takes into account whether preserving the marriage would run counter to the interests of one of the spouses or of the children. If the claimant consistently insists on dissolution, the court grants the claim, since it is impossible to preserve a marriage by force. The respondent’s disagreement most often affects not the fact of the divorce itself but its timeframes, because the court may grant time for reconciliation. Disputes about children, alimony, and division of property are decided separately and can be raised in the same proceedings or later. The law does not require stating intimate details of your personal life in the claim or proving the other spouse’s fault: it is enough to honestly explain why continued life together and preserving the family have become impossible.
A reconciliation period is a term that the court, under Article 111, may grant the spouses for reflection, and setting it is not mandatory. It is important to understand three things. First, granting such a period is a right, not a duty, of the court: if the circumstances are obvious, the court may not postpone the case. Second, as a general rule the reconciliation period does not exceed six months, and the court determines the specific duration taking the situation into account. Third, the court does not take reconciliation measures if this runs counter to the moral principles of society, and since the end of 2024 it is directly prohibited to set reconciliation when one of the spouses has committed domestic violence, regardless of the state of the relevant proceedings. The reconciliation period is most often applied precisely when the respondent objects to the divorce and asks the court to give a chance to preserve the family. If, after this period expires, the claimant stands by their position, the court hears the case and issues a decision. The respondent cannot prolong the process indefinitely: reconciliation is a pause for reflection, not a way to block the divorce.
If the respondent ignores the hearing, the court can still dissolve the marriage by issuing a decision without them. Non-appearance does not save one from divorce and does not automatically halt the process. The key condition is proper notification: the respondent must be officially informed of the date, time, and place of the hearing. When, having been notified, they fail to appear without valid reasons and do not ask for the case to be heard with their participation, the court has the right to conduct a default hearing and issue a default judgment. If the respondent’s whereabouts are unknown, they are summoned through an announcement on the official web portal of the judiciary, and after that the case can also be heard in their absence. This is often how a divorce takes place when a partner has gone abroad or contact with them has been lost; we examine certain nuances, for example when the respondent is a citizen of another state, in the article on divorce from a citizen of Russia. A default judgment has a protective mechanism: a respondent who was absent for valid reasons may file an application for its review. That is why it is important that the notification and the whole procedure be flawless, otherwise the decision risks being set aside and the case will drag out. The claimant, in turn, also need not appear in person: the law allows asking the court to hear the case without the claimant’s participation on their written application or through an attorney under a power of attorney, which is convenient if you are abroad or do not want to cross paths with the respondent in the courtroom.
The civil registry office dissolves a marriage on the application of only one spouse in two cases, and both require a prior court decision on the status of the other party. The first: the other spouse has been declared missing. The second: the other spouse has been declared legally incapacitated. This is provided for by Article 107 of the Family Code. In such situations the consent or participation of the other party is objectively impossible, so the law allows a simplified administrative procedure without a court process over the divorce itself. The application is submitted to the registry office department, the court decision confirming the relevant status is attached, and a state duty of UAH 0.51 (0.03 of the tax-free minimum income of citizens) is paid. The presence of common children or a property dispute does not prevent this: the marriage is dissolved regardless of them, and disputes about property or children are resolved separately. Note: earlier Article 107 also allowed one-sided dissolution of marriage through the registry office when the other spouse had been sentenced to imprisonment, but this ground was removed back in 2010. So today the mere imprisonment of a partner does not open the way to the registry office, and divorce from a convicted person proceeds under different rules, which we have written about separately. And if there is not yet a court decision on being missing or incapacitated, you will first have to obtain it, and only then apply to the registry office.
The main expense in a court divorce is the court fee, which in 2026 is about UAH 1,331 (0.4 of the subsistence minimum for able-bodied persons, which from 1 January 2026 equals UAH 3,328). For comparison: if the spouses apply to the court jointly, the fee is half as much, and an administrative divorce through the registry office under Article 107 costs only a state duty of UAH 0.51. The timeframes depend on the respondent’s position. If they do not object and appear, the court can hear the case relatively quickly. But if they are against it, ask for reconciliation, or fail to appear, the process usually lasts from two to six months, and sometimes longer. The moment the marriage terminates is determined by Article 114: in a court divorce the marriage terminates not on the day the decision is issued, but from the day it takes legal effect. The decision takes effect after 30 days if it has not been appealed. In a divorce through the registry office the marriage terminates on the day of state registration of the dissolution. Bear in mind that for most citizens there are no exemptions from paying the court fee specifically for a divorce claim, so it is worth budgeting for this amount in advance. For more on what a court decision on dissolution of marriage contains and when it becomes final, read the separate article.
After the court decision has taken legal effect, the marriage is considered terminated, and there is no need to additionally register this with the registry office. The court decision itself is the document confirming the divorce. If you wish, each of the former spouses may separately apply to the registry office and obtain a divorce certificate (Article 115), but this is not a condition for the validity of the divorce. If you changed your surname on marriage, you have the right to return to the pre-marriage one, and this is formalized separately. Questions of alimony for children or for a spouse, as well as division of common property, do not depend on the fact of the divorce itself and can be resolved both during the proceedings and after them. If you disagree with the decision, you have 30 days for an appeal. Almost immediately after the case is completed you can put in order your documents, finances, and, if necessary, the status of common assets.
Yes. The other party’s consent is not required: the marriage is dissolved by a court on the claim of one spouse (Articles 110-112). The respondent’s objection can only prolong the process, but does not block the divorce.
The law does not set a fixed number. If the respondent has been duly notified and fails to appear without valid reasons and does not ask to postpone the hearing, the court has the right to hear the case in their absence and issue a default judgment.
A claim can still be filed. The court will summon the respondent, in particular through an announcement on the judicial web portal if the address is unknown, and will hear the case even without their participation. This is not the same as declaring a person missing through separate court proceedings.
No. This is a right, not a duty, of the court (Article 111). The period does not exceed six months and is not set if one of the spouses has committed domestic violence.
Only in two cases under Article 107: if the court has declared the other spouse missing or legally incapacitated. In all other situations, when the partner is simply against it or unavailable, the divorce is handled by a court.
Yes. The former ban (parts 2-4 of Article 110) was repealed by Law No. 4073-IX from 19 December 2024. As of 2026, a claim can be filed regardless of pregnancy or the child’s age.
It does not affect the fact of the divorce itself: the court will dissolve the marriage even where there are children. The question of whom the children will live with, and of alimony, is decided separately and does not block the divorce.
The court fee for a claim for dissolution of marriage is about UAH 1,331. There may be additional costs for legal assistance, while a divorce through the registry office under Article 107 costs only a state duty of UAH 0.51.
Ilona MelnychukAttorney, Lexon law firmSpecializes in family, civil, and commercial cases. Over 15 years of practice: representing clients’ interests in courts and negotiations.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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