How can a UA citizen who fled to Poland get a divorce from her husband who is still in the UA?
In the described situation, the acts of international law will apply. Poland and Ukraine are bound by an agreement on legal assistance and legal relations in civil criminal cases of May 24, 1993. Pursuant to Art. 26 of the above-mentioned legal act Divorce is governed by the law of the Contracting Party of which the spouses are nationals at the time the proceedings are commenced. In matters relating to divorce, the competent authority of the Contracting Party of which the spouses are nationals at the time the proceedings are commenced.
In the event of a divorce between Ukrainian citizens, even though one spouse lives in Poland – the Polish court will not be competent to adjudicate the divorce.
Ukrainian citizens will be able to divorce only on the territory of Ukraine and in accordance with Ukrainian regulations.
Divorce documents can be filed remotely via post and all communication with the court can be done remotely. You can also hire a lawyer in Ukraine this way.
The length of the proceedings will depend, inter alia, on whether there is consent of both spouses, whether property matters are regulated, whether there are underage (up to 3 years) children, etc.