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Author: Ilona Melnychuk, attorneyKey points in brief
Martial law has not abolished the right to divorce, but it has added quite a few practical questions to it: how to act when one spouse is mobilized, is at the front, is abroad, or there is no contact with them at all. Below we explain what exactly has changed in the divorce procedure during the war, which remote options are in effect as of July 2026, and what to pay attention to so as not to drag out the case. We examine the general divorce procedure in separate materials, and here we focus specifically on the wartime nuances.
Yes, you can dissolve a marriage during the war, and no provision obliges you to wait for the end of martial law. The right to terminate a marriage as a result of divorce is established by Article 105 of the Family Code of Ukraine and applies regardless of whether martial law has been introduced and whether one of the spouses is mobilized. Courts and the state civil status registration authorities (DRATS) work in normal mode: they accept applications, consider cases, and make decisions. What has changed first of all is the tools. The state has significantly expanded remote options so that a person can divorce even when they are physically unable to come to a court or a registry office branch, for example because of service, displacement, or going abroad. As a general rule, the claim is filed at the respondent’s place of residence, but if young children live with the claimant or they have other valid reasons, it is allowed to apply at one’s own place of residence as well, which is especially convenient for internally displaced persons. We described the general algorithm of actions in a step-by-step guide to the divorce procedure, and next we will look at what works differently under wartime conditions.
A remote divorce is possible thanks to three tools: filing documents through the Electronic Court, taking part in a hearing by videoconference, and representation by an attorney under a power of attorney. The Electronic Court is a subsystem of the Unified Judicial Information and Telecommunication System, accessible through a personal account on the web portal of the judiciary. Having registered an account using a qualified electronic signature or Diia.Signature, you can file a claim for the dissolution of a marriage online, without a visit to the court’s office, and likewise receive procedural documents. An important bonus: when a claim is filed electronically, the court fee is paid with a coefficient of 0.8, that is, 20 percent less. Participation in the hearing itself outside the court premises takes place through the videoconference subsystem: the relevant motion is filed, as a rule, no later than five days before the hearing, and you can connect using your own technical means from practically any place, including from abroad, since the law does not restrict the place of connection. Finally, a divorce can be entirely entrusted to an attorney. An agreement on legal assistance is concluded remotely, including by signing through Diia.Signature, after which the representative under a power of attorney files the documents, takes part in the hearings, and receives the decision instead of the client. We have gathered the list of papers you will need in the article on documents for a divorce.
No, the consent of a serviceperson or a mobilized person to a divorce is not needed: the disagreement of one spouse only affects the format and duration of the consideration, but does not block the divorce itself. A court cannot force a person to keep a marriage against their will, so even if the other spouse objects or does not take part in the case, the divorce will take place. Service in the Armed Forces is not a ground to postpone or suspend the case for an indefinite period, in particular until the end of martial law. At the same time, the law also protects the interests of the one who serves: a serviceperson has the right to ask for the case to be considered in their absence, to take part in the hearing by video link, or to act through an attorney. Because of this, in practice a divorce from a serviceperson is entirely realistic, it just requires more attention to the proper notification of the party and the documentary formalization of their position. And if both agree and there are no shared minor children, you can do without a court altogether, which is discussed below.
If one spouse is abroad, the divorce is formalized through a Ukrainian court or the registry office, and the necessary applications and consents are certified at a consular institution of Ukraine or by a local notary. The one who has left has several options. First, they can issue a power of attorney to an attorney in Ukraine: it is certified by a consul of Ukraine or a local notary under the rules of the country of stay, with subsequent legalization or the affixing of an apostille. Second, for a divorce through the registry office on a joint application, the signature of the spouse who cannot appear in person is certified by a notary or at a consulate, after which the application is filed in Ukraine. Third, in a court hearing you can take part by videoconference directly from abroad. Since the law does not restrict the place of connection to the hearing, such participation is lawful. The main thing is to file the motion in advance and to have the technical ability to connect. So being outside Ukraine does not deprive you of the right to divorce, it only adds a step with the certification of documents.
When there is no contact with a serviceperson, the court notifies them of the case through an announcement on the official web portal of the judiciary and, with proper notification, may issue a default decision. The obligation to establish the respondent’s whereabouts rests primarily with the court: it sends inquiries to the last known place of residence, to the relevant military unit, and turns to official registers. If the respondent’s whereabouts are unknown, they are summoned through an announcement on the web portal of the judiciary, and from the day of publication of such an announcement the person is deemed to have been properly notified. If a properly notified respondent fails to appear, the court has the right to consider the case in their absence and issue a default decision, which enters into full force after the period for appeal expires. Such a mechanism does not violate the serviceperson’s rights: if they later wish, they will be able to appeal the default decision within the period established by law. In practice, it is precisely the correct notification of the party that most often determines how quickly the case ends, so this stage should be entrusted to an attorney.
A divorce is possible even when the other spouse has gone missing or is in captivity, but the procedure depends on their official legal status. Here it is important not to confuse two different concepts. The status of being missing under special circumstances, which is assigned to military and civilians in connection with hostilities, does not in itself give the right to a simplified divorce. On the other hand, if a person has been declared missing by a separate court decision, and this is an independent judicial procedure applied when there has been no information about a person’s whereabouts for over a year, the other spouse may dissolve the marriage through the registry office on their own application on the basis of Article 107 of the Family Code. But if there is no court decision declaring the person missing, or the person is in captivity, the divorce is formalized in the ordinary judicial procedure on general grounds, with notification of the respondent through the web portal of the judiciary and, if needed, with the issuance of a default decision. Because of the sensitivity of such situations, especially when it comes to captivity, each case should be handled carefully and deliberately, relying on official documents about the person’s status.
Through the registry office, a divorce is formalized only by mutual consent of spouses who have no shared minor children. This is the fastest route: under Article 106 of the Family Code, the registry office registers the dissolution of the marriage one month after the day the joint application is filed, and this period has not changed during the war. If one spouse is mobilized or serving but agrees to divorce, they can certify their part of the application by a notary or at a consular institution and hand it over, so the personal presence of both at one branch is not obligatory. Separately, Article 107 of the Family Code allows the dissolution of a marriage through the registry office on the application of only one spouse, if the other has been declared missing or legally incapable by a court. For more on this fast out-of-court route, read the article on dissolving a marriage through the registry office. And if the spouses have shared minor children or a dispute has arisen, the registry office will not formalize the divorce, and the case will go to a court even with mutual consent regarding the very fact of the divorce.
As of July 2026, a full-fledged online divorce in the Diia app has not yet been launched for everyone: the service is being tested on a limited circle of couples, and a mass launch has only been announced. According to the developers’ plan, spouses will be able to file a joint electronic application without visiting the registry office, sign it through Diia.Signature, and, after a one-month waiting period during which the application can be withdrawn, receive an act record on the dissolution of the marriage. The conditions are planned to be the same as for an out-of-court divorce through the registry office: both adult citizens of Ukraine, mutual consent, no shared minor children, and no property disputes. That is, Diia will become a digital alternative specifically to registration divorce and will not replace a court when there are children or a dispute. For those who are abroad, a separate filing mechanism is still being worked out. Since the service is so far at the testing stage, it is more reliable to rely on the already working tools: the Electronic Court, videoconference, and the certification of applications through a notary or consul.
The timeframes for divorce during the war have not increased in law, although in practice the consideration sometimes takes longer because of the notification of the parties and logistics. Through the registry office on a joint application, a divorce is registered in one month. Through a court, depending on the presence of a dispute, approximately from one to several months. The court may grant the spouses a period for reconciliation, which under Article 111 of the Family Code does not exceed six months, but in cases involving servicepersons it is applied cautiously. The court fee for a claim for the dissolution of a marriage is 0.4 of the subsistence minimum for able-bodied persons (approximately a little over UAH 1,200 in 2025-2026), and when filing through the Electronic Court it is 20 percent lower. It is worth remembering the moment of termination of the marriage: under Article 114 of the Family Code, in a divorce through a court the marriage is terminated on the day the decision enters into legal force, and through the registry office, on the day of the state registration of the dissolution. One should also take into account the restriction of Article 110: a claim for the dissolution of a marriage cannot be filed during the wife’s pregnancy and for one year after the child’s birth, except in cases directly defined by law.
Yes. The claim is filed with a court, and the obligation to establish the respondent’s whereabouts rests with the court: it sends inquiries to the military unit and to the last known place of residence. If the whereabouts are unknown, the respondent is notified through an announcement on the web portal of the judiciary, after which the case can be considered in their absence and a default decision issued.
No. A serviceperson may file an application for the case to be considered in their absence, join the hearing by video link, or entrust the conduct of the case to an attorney under a power of attorney. Personal presence is not an obligatory condition of the divorce.
The main expense is the court fee for a claim of a non-property nature: 0.4 of the subsistence minimum for able-bodied persons (approximately a little over UAH 1,200 as of 2025-2026; in 2025 this is UAH 1,211.20). When filing through the Electronic Court, the fee is 20 percent lower. A divorce through the registry office is paid for by a separate state duty in a much smaller amount.
As of July 2026, online divorce in Diia is still being tested on a limited circle of couples, so it is not yet possible to use it on a mass scale. When the service is launched, it will work only for couples without shared minor children and property disputes and by mutual consent. If there are children or a dispute, the divorce will still take place through a court.
A divorce in itself does not resolve the questions of child support and joint property: they are claimed separately, often simultaneously with the divorce claim. For more, read our materials on recovering child support and the division of property.
As a general rule of Article 110 of the Family Code, a claim for the dissolution of a marriage cannot be filed during the wife’s pregnancy and for one year after the child’s birth. The exceptions are directly defined by law, in particular when one spouse has committed unlawful conduct with signs of a criminal offense against the other spouse or the child.
If both agree and there are no disputes, a divorce can realistically be formalized in one or two months. If the other spouse is against it, there is no contact with them, or there is a dispute about the children or property, the consideration may stretch out to several months because of the notification of the parties and a possible period for reconciliation.
As a general rule, the claim is filed at the respondent’s registered place of residence. But if young or minor children live with you or there are other valid reasons, the law allows you to apply to a court at your place of residence, including at the place of stay of an internally displaced person.
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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