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Author: Ilona Melnychuk, attorneyThe key points
The decision to divorce is rarely easy, and once it has been made, a very practical question arises: what to do first. This article is a guide for those who are just starting and do not yet know the timelines, authorities and sequence of actions. You will understand which route is exactly yours, what to prepare in advance and what steps to take so as not to waste time and nerves in vain. We have moved the more complex details of each stage into separate materials and will give links to them, so you can go deeper exactly where you need it.
It is worth starting not with documents, but with determining your route: depending on the circumstances, the marriage is dissolved either by the civil registry (DRATS) or by a court, and everything that follows depends on this, from the list of papers to the cost and timelines. That is why the logic of the first steps is simple and consists of three actions.
Step one: honestly determine your situation by two criteria, the presence of shared minor children and the consent of the other spouse. Step two: gather the basic package of documents for your route. Step three: file the application or the claim with the court. Everything else, from the state duty to the date of the hearing, is built around these three actions.
Even before filing the documents, it is worth making sure the decision is considered and final, because divorce is not only a legal but also an emotionally difficult event. If you are still hesitating or going through an acute period, it is useful to first give yourself time, work through your emotions and enlist the support of loved ones, and only then act with a clear head. Hasty steps at the peak of stress often turn into decisions that are later regretted, so a pause for reflection is not weakness but a sensible tactic.
Your route is determined by only two factors: whether you have shared minor children and whether both spouses agree to the divorce. All other circumstances, including the presence of shared property, debts or a mortgage, do not affect the choice of authority. The easiest way to make this choice is as a short decision tree.
Note a common mistake: the presence of shared property in itself does not force you to go to court for the divorce. A couple without minor children can calmly divorce through the civil registry (DRATS) and divide the apartment, car or savings separately, at any convenient time.
The civil registry (DRATS) is enough when the spouses have no shared minor children and both agree to divorce. This is the simplest scenario: the spouses together file a joint application with the department of state registration of civil status acts in person or through the app, pay a state duty of about UAH 8.50, and about a month from the day of filing the marriage is dissolved, if the application has not been withdrawn (Article 106).
The case mentioned above under Article 107 stands apart, when one spouse is officially declared missing or legally incapable by a court. Then the divorce also goes through the civil registry (DRATS), but already on the application of just one spouse, and even the presence of children does not prevent it. It is important to understand the main limitation of this authority: the civil registry (DRATS) does not resolve disputes. It does not divide property, does not establish whom the children will live with, and does not recover alimony. If there is any unresolved dispute between you, the DRATS will simply register the divorce, and the dispute itself will have to be settled separately, already in court. So before choosing this route, make sure there are no disagreements between you about children, property or money.
A court is mandatory in two cases: when the spouses have shared minor children or when one of the spouses does not agree to the divorce or evades it. In these situations no civil registry (DRATS) will dissolve the marriage, and the matter is resolved exclusively through the courts.
If there are children but both agree, the gentlest option is a joint application of the spouses to the court under Article 109. A written agreement is attached to it about whom the children will live with, how the other parent takes part in their upbringing and support. When there is no agreement, one spouse files a claim for divorce (Articles 110 and following). The court may grant the parties a period for reconciliation lasting up to six months (Article 111), but only on a corresponding motion, not automatically.
The court fee for a claim in 2026 is about UAH 1,331. When and why the court grants time for reconciliation, how to act if the other party is silent or evades, and whether you can divorce without their participation, we examine in detail in the article on divorce on the application of one spouse. If both agree, the process usually goes quickly and without unnecessary tension.
Preparation comes down to four blocks: documents, decisions about children, property and debt matters, and the financial calculation of the procedure. Go through this short checklist, and you will understand whether you are ready to file the application right now or first need to gather something.
This is a basic guide. The exact composition of the package differs for each route: DRATS by consent, DRATS under Article 107, court on a joint application and court on a claim each have their own nuances. Exhaustive lists for each case are gathered in a separate article on documents for a divorce, so you do not forget anything and do not have to submit papers again.
It is worth coming to court with ready answers to three questions: which parent the children will live with, how the other will take part in their upbringing, and what amount of support you consider fair. The clearer your arrangements, the faster and calmer the process will go, since the court primarily cares about the child’s interests.
It is important to understand the main thing: the parents’ divorce does not deprive either of them of parental rights and does not release them from the obligation to support the child. The matter of alimony can be resolved voluntarily, by concluding an agreement, or through the courts, and it is not necessarily considered simultaneously with the divorce. If you cannot agree amicably, the recovery of support is a separate procedure that can be initiated independently of the divorce, including after it. The main thing is not to leave this matter undefined, because it is precisely this that most often becomes a source of conflicts after a separation.
Division of property is a separate process that does not necessarily have to be resolved at the same time as the divorce: the marriage can be dissolved now and the property divided later, whether voluntarily or through the courts. The right to divide shared property remains with the spouses even after the divorce, so there is no need to rush for the sake of the divorce alone.
Everything the spouses acquired during the marriage is, as a general rule, joint marital property and is divided, as a rule, equally, regardless of whom it is registered to. Property received before the marriage, as a gift or by inheritance, usually remains personal. The calmest option is to agree and fix the division by an agreement, and if there is no agreement, to turn to the court. We examine the strategies and pitfalls in detail as part of the service of division of property. A separate topic is debts: shared loans can also be subject to division, and here it is important not to make mistakes, especially if there is a mortgage or open enforcement proceedings.
Through the civil registry (DRATS) a divorce costs about UAH 8.50 in state duty and takes roughly a month from the day of filing the joint application. Through the court the main mandatory payment is the court fee, which in 2026 is about UAH 1,331 for a claim for divorce (this is 0.4 of the subsistence minimum for able-bodied persons, which as of 1 January 2026 equals UAH 3,328). For filing through the Electronic Court system there is a discount of about 20 percent, that is, approximately UAH 1,065.
The timelines in court depend on the parties’ consent. If both have filed a joint application and are not in dispute, the case is considered fairly quickly. If one is against it, the process may drag on, in particular because of the possible reconciliation period of up to six months. The moment from which the marriage is considered terminated also differs: in a divorce through the civil registry (DRATS) it is the day of state registration of the divorce, and in a court divorce it is the day the court decision enters into legal force (Article 114). A step-by-step breakdown of both routes, with all the timelines and payments, we have gathered in the general article on the divorce procedure in Ukraine.
Partly yes, but with important caveats. A claim to court can already be filed remotely today through the Electronic Court system, without coming to the registry, and this really works. But a fully online service in the Diia app, as of July 2026, is still at the testing and launch stage: it is not available to everyone and only for the simplest cases, without shared minor children and by mutual consent.
So do not believe the myth of an instant divorce in a couple of clicks: even online, the same rules on timelines, authorities and consent apply. What exactly works remotely already now, and what for the time being remains a promise, we examined in the article on divorce through Diia. And if you or your husband or wife are abroad, it is still possible to divorce; for this there are separate remote mechanisms through a representative or consular offices.
Yes, you can. Previously, Article 110 of the Family Code prohibited bringing a claim for divorce during the wife’s pregnancy and for one year after the birth of a child, with certain exceptions. These restrictions were abolished by Law No. 4073-IX, which entered into force on 19 December 2024, so as of 2026 there is no such prohibition. At the same time, the wife’s right to support during pregnancy and while caring for a young child remains, and this aspect is worth taking into account separately.
No, the other spouse’s consent is not mandatory. If one wants to divorce and the other is against it, the matter is decided by a court on the claim of one spouse. The court cannot force people to stay in a marriage, so in the end the divorce will take place, although in case of disagreement the process may take longer because of a possible reconciliation period.
Yes. If the whereabouts of the other spouse are unknown, the divorce is arranged through a court, and the respondent is notified in the manner provided by law, in particular through an announcement on the official court web portal. In the absence of a duly notified respondent, the court may consider the case in absentia and render a decision on divorce.
Technically these claims can be combined in one proceeding, but this is not mandatory and often not the fastest. Many people first dissolve the marriage and resolve property and child matters separately, so as not to drag out the divorce itself. The optimal option depends on your situation, and here it is worth consulting an attorney.
Through the civil registry (DRATS) roughly one month from the day of filing the joint application. Through the court, from a few weeks in undisputed cases to a few months if there are objections or the court grants a reconciliation period of up to six months. The exact timeframe depends on the parties’ consent and the workload of the specific court.
No, the law does not require the mandatory participation of an attorney. However, their help is especially useful when there are disputes about children, property or debts, when the other spouse is unavailable or abroad, and also if you want to save time and avoid mistakes in the documents. In simple undisputed cases, many people manage on their own.
This is decided by the parents themselves by agreement, and if there is no agreement, then by the court, proceeding primarily from the child’s interests. Divorce does not deprive either parent of their rights and obligations: the one who lives separately keeps the right to communicate with the child and is obliged to take part in their support.
Yes. In a divorce through the civil registry (DRATS), the application can be withdrawn up to the moment of state registration of the divorce. In court, the claimant can withdraw the claim, and the spouses can reconcile, in particular during the reconciliation period granted by the court. That is, until the divorce is finally arranged, the decision can still be changed.
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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