Peculiarities of divorce during martial law

Abstract

The article is devoted to the study of problematic issues related to divorce under martial law. The author highlights the main methods of divorce and analyzes the legal acts regulating this issue. The article also examines the resolution of disputes between spouses in civil proceedings. The article also analyzes the positions of scholars on this topic.

Since divorce is a voluntary termination of marriage, divorce is possible at the request of both spouses or one of them. Divorce can be obtained through the civil registry offices (hereinafter - the Civil Registry Office), and if there are children, only through the court, so the article defines the nature and essence of the disputable issues between spouses regarding divorce, determination of children's place of residence, etc. The author also outlines the problematic issues of divorce if one of the spouses is a serviceman of the Armed Forces of Ukraine or is in the occupied territories, etc. The author also identifies possible prospects for solving such problems. It should be noted that the topic of divorce and resolution of difficulties in this process between spouses under martial law in civil proceedings is quite relevant, but at the same time, it is also poorly researched. The resolution of such controversial issues of divorce in civil proceedings is characterized by excessive emotionality and complexity, since divorce is, first of all, an important stage in a person's life, because after all, divorce is a “breakup of the family”. If the spouses have children together, the divorce of the parents also affects the child, which is why the consideration of such cases in court is necessary to ensure and protect the child's rights and interests, and the court must take into account the child's opinion. Divorce in difficult wartime has not lost its relevance and has acquired new aspects of resolving disputes between spouses.

This article is devoted to a more detailed study and analysis of this topic, outlining its full characteristics. This article reveals all the problematic “points” that arise in such cases and makes it clear how they can be resolved.