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Author: Ilona Melnychuk, attorneyKey points in brief
A situation where a husband or wife is serving a sentence frightens people with imagined difficulties, but the law gives several clear routes to divorce. The main thing is to correctly determine which of them suits you and to prepare the documents. Below we examine each option as of 2026: the conditions, where to apply, how much it costs, and how long it takes.
Yes, you can divorce a convicted person, and even without their consent. Ukrainian law does not prohibit dissolving a marriage because of one spouse’s imprisonment and does not force you to wait for the end of the sentence. Depending on the circumstances, three routes are available: registration of the dissolution at the registry office by mutual consent, when there are no shared minor children; divorce through a court in the procedure of separate proceedings; and a classic claim, when there is a dispute between the spouses. The choice depends on three things: whether there are shared minor children, whether there is a dispute about property or children, and whether both agree to terminate the marriage. The good news is that none of these routes requires you to visit the colony or negotiate with the convicted person in person. Next we explain when each option works, and why the so-called “quick divorce through the colony” today looks different than it did a few years ago.
No, there is no longer a separate ground to divorce through the registry office just because a husband or wife has been convicted. Until 2010, Article 107 of the Family Code did indeed allow one spouse to dissolve a marriage at the civil status registration authority if the other had been convicted of a crime to imprisonment for a term of at least three years. This point (point 3 of part one of Article 107) was removed by Law No. 2398-VI of 1 July 2010, when the civil status registration system was reformed. As of 2026, Article 107 provides only two grounds for a divorce at the registry office on the application of one spouse: if a court has declared the other missing or has declared them legally incapable. Simply serving a sentence does not fall under this list. Therefore the numerous articles on the internet that still advise formalizing a divorce at the registry office “because of a three-year conviction” refer to an abolished rule, and it is not worth relying on them. For more on the current grounds under Article 107, read the material on dissolution of a marriage on the application of one spouse.
Divorce through the registry office is possible when the spouses have no shared minor children and both agree to terminate the marriage. This is the general procedure under Article 106 of the Family Code, and it works even when one spouse is in a penal institution. Since a convicted person cannot come to the registry office in person, they draw up a separate written application for the dissolution of the marriage, and the authenticity of their signature is certified by the head of the penal institution; such certification is accepted instead of a notarial one. The other spouse submits both applications together with the passports and the marriage certificate to the registry office. The dissolution is registered one month after the day of filing, and the state duty is about UAH 8.50. There is also a separate case: if a court has additionally declared the convicted person legally incapable or missing, Article 107 already applies, and then the consent of such a person is not needed at all. We tell about the peaceful route of divorce in general in the article on divorce by mutual consent.
If one spouse has been convicted to imprisonment, the divorce can be formalized through a court in the procedure of separate proceedings on the application of either spouse. This possibility is directly provided for by part 3 of Article 293 of the Civil Procedure Code. This is a simplified route: the case is considered without a full-fledged claim dispute, and from the applicant an application, a copy of the sentence that has entered into legal force, and the marriage certificate are required. In the application itself the data of both spouses, the details of the marriage certificate and the sentence, and a request to dissolve the marriage are indicated; a copy of the sentence can, if needed, be obtained from the court that issued it. The court checks the fact of the marriage, the fact of the conviction, and that there is no dispute between the parties; the convicted person is notified of the case and may express their position, but their objection to the divorce itself is not an obstacle to the decision. The presence of children in itself does not block this procedure, since the questions of their residence and support can be resolved separately, by agreement or in a separate case. The court fee in separate-proceedings cases is smaller than for a claim, and in 2026 is about UAH 665.60 (0.2 of the subsistence minimum for able-bodied persons). An important condition: this procedure works as long as there is no dispute between the spouses about property or children. As soon as a real dispute arises, the court leaves the application without consideration and explains the right to apply by claim.
A claim is needed when there is a dispute between the spouses: about the division of property, about the place of residence or support of children, or when the circumstances do not allow limiting the matter to separate proceedings. In this case Articles 110-112 of the Family Code apply: one spouse files a statement of claim, and the court dissolves the marriage if it finds that further life together of the spouses and the preservation of the marriage would run counter to the interests of the one who applied or the interests of the children. The court fee for a statement of claim for the dissolution of a marriage in 2026 is about UAH 1,331 (0.4 of the subsistence minimum for able-bodied persons, the amount of which from 1 January 2026 is UAH 3,328). If you file the claim electronically through the Electronic Court system, a reducing coefficient of 0.8 applies, that is, the fee comes out about 20% lower. Claims for the division of property and the recovery of child support are usually made separately, so as not to drag out the divorce itself. See the step-by-step guide in the material how to file a statement of claim for the dissolution of a marriage, and the nuances when part of the property was acquired even before the sentence we examine as part of the service division of property.
The consent of the one serving a sentence is not obligatory. No one can be forced to remain in a marriage against their will, so the convicted person’s unwillingness to divorce does not block the process. The difference is only in the procedure: with mutual consent and without minor children it is the registry office, and if there are objections or a dispute it is a court. Formally, the ground for the dissolution of a marriage by a court is the conclusion that further life together of the spouses and the preservation of the marriage run counter to the interests of one of them (Article 112 of the Family Code). In the court process the convicted person’s position is taken into account: they may object, ask for time for reconciliation, submit evidence. But in cases where the other spouse has been in places of imprisonment for years, granting time for reconciliation usually makes no sense, and courts do not resort to it, since life together has in fact ceased.
A convicted person takes part in the case in several ways, and personal presence in the courtroom is not needed for this. First, they can act through a representative under a power of attorney; the power of attorney of a person in a penal institution is certified by the head of that institution, and it is equated to a notarized one. The representative may be an attorney or another adult legally capable person. Second, the court may hold a hearing by videoconference, in particular from the institution where the person is serving the sentence; a motion for this is worth filing in advance, so that the court has time to arrange the technical possibility. Third, the convicted person has the right to submit written explanations or a response to the claim and even to ask for the case to be considered without their participation. The court sends summonses to the address of the penal institution, and if the person is properly notified, the case may be considered in their absence. That is precisely why one spouse’s imprisonment does not paralyze the process, but only changes the way they take part.
The place of filing depends on the chosen route. Applications for the registry office are filed with the civil status registration branch, usually at the place of residence of one of the spouses or at the place of registration of the marriage. An application in the procedure of separate proceedings is filed with the court at the applicant’s place of residence. For a claim, the general rule of jurisdiction at the respondent’s place of residence applies, but if a young or minor child lives with the claimant or it is hard for the claimant to travel for health reasons, the claim can be filed at the claimant’s place of residence too. The basic package of documents is as follows:
We have gathered the full lists for each situation in the material which documents are needed for a divorce. If any of the documents is lost, its duplicate is worth ordering in advance, so as not to postpone the hearing.
The cost and timeframes depend on the divorce route. Through the registry office the state duty is about UAH 8.50, and the dissolution is registered one month after the applications are filed. Through a court in separate proceedings the court fee is about UAH 665.60, and the case is considered relatively quickly. Claim proceedings are more expensive, about UAH 1,331 in court fee in 2026 (less when filing through the Electronic Court), and may take longer, especially if the court grants the spouses a period for reconciliation (up to six months under Article 111 of the Family Code). The moment of termination of the marriage also differs: in a divorce through the registry office the marriage is terminated on the day of registration of the dissolution, and in a court one, on the day the court decision enters into legal force (Article 114 of the Family Code). There is no need to separately register the court decision at the registry office, but if desired you can obtain a marriage dissolution certificate. In short: when there are neither children nor a dispute and there is consent, the simplest route is the registry office; when there is no consent but no dispute either, separate proceedings are convenient; when there is a dispute about property or children, you cannot do without a claim.
The most common mistake is an attempt to formalize a divorce at the registry office “because of a conviction” under the abolished rule. Here is what else is worth paying attention to:
Yes, but the simplified procedure of separate proceedings concerns specifically persons convicted to imprisonment by a sentence that has entered into legal force. While a person is in a pre-trial detention center (SIZO) as an accused, the divorce is formalized in the general procedure: through the registry office by consent and without minor children, or through a court.
Yes. The convicted person’s unwillingness to preserve the marriage does not prevent the divorce. With mutual consent and without minor children the question is decided by the registry office, and in the rest of the cases, by a court.
No. If there are shared minor children, the divorce is formalized only through a court, even if both agree. Under Article 106 only spouses without shared minor children divorce through the registry office.
The head of the penal institution. Such certification is equated to a notarial one, and it is accepted both by the registry office on the application for the dissolution of the marriage and by the court on the power of attorney for the representative.
Through the registry office the state duty is about UAH 8.50, separate proceedings in court about UAH 665.60, claim proceedings about UAH 1,331. When filing a claim through the Electronic Court, a discount of about 20% applies.
Yes, if a young or minor child lives with you or it is hard for you to travel for health reasons. In other cases the general rule applies: the claim is filed at the respondent’s place of residence.
The very fact of a conviction does not deprive one of the right to joint property and does not decide in advance whom the children will stay with. These questions are considered separately, taking into account the child’s interests and the contribution of each spouse.
Through the registry office about a month. Separate proceedings in court are considered relatively quickly. A claim may take longer, especially if the court grants time for reconciliation for a period of up to six months. The overall period is also affected by the workload of the specific court and whether the convicted person and their representative were notified in time.
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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