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Divorce is not only an emotionally difficult stage but also a legal procedure where haste, conflict and lack of strategy often lead to loss of time, money and important rights. For Ukraine this topic remains practically significant: according to analytics based on datasets from the Ministry of Justice and the State Judicial Administration, in 2025 there were 7 divorces for every 10 marriages, and in the first half of 2025 marriages were dissolved in courts at least 38.7 thousand times — three times more often than through the Civil Registry Office (ДРАЦС).

That is why divorce in Ukraine requires not impulsive decisions but a clear legal position. Legal mistakes in divorce most often occur when parties underestimate issues related to children, property, jurisdiction, evidence and the consequences of a court decision.

Below are 10 mistakes people most often make when filing for divorce, preparing divorce documents, resolving child-related matters or attempting to divide property during a divorce. These mistakes most frequently complicate court divorces, divorces involving a child in Ukraine, and divorces without the consent of one spouse.

1. Filing the application in the wrong place — at the Civil Registry Office (ДРАЦС) instead of the court, or vice versa. If the spouses do not have children, they can submit an application to the Civil Registry Office, and the record of dissolution of marriage is drawn up after one month if the application is not withdrawn; if there are children, the spouses must submit a joint application to the court together with a written agreement on the children’s residence, each parent’s contribution to their maintenance and upbringing.
2. Starting the process without a legal strategy. Legal consultation for divorce is needed not “for formality” but to understand whether claims should be combined, how to act regarding property, evidence, children, child support and whether to request provisional measures. In family disputes, the initial position often determines the speed and outcome of the case.
3. Not recording agreements about the children in writing. The Family Code expressly provides for a written agreement on who the children will live with, how the other parent will contribute to their living conditions and how parental rights to personal upbringing will be exercised; an agreement on the amount of child support must be notarized. A verbal agreement in a conflictive divorce is one of the most dangerous mistakes.
4. Ignoring child support until the conflict escalates. Many believe that divorce should be finalized first and then child maintenance can be addressed. In practice, early resolution of this issue reduces the risk of separate disputes, enforcement proceedings and delays.
5. Thinking that the right to joint property automatically disappears after divorce. The law explicitly establishes that dissolution of marriage does not terminate the right to joint marital property acquired during the marriage, and both spouses have the right to divide such property regardless of the fact of divorce itself. Shares are generally equal unless otherwise agreed or set by a prenuptial agreement.
6. Failing to consider the limitation period for property division claims. After the dissolution of marriage, a three-year limitation period applies to claims for division of property, measured from the day a co-owner learned or could have learned about the violation of their right. Therefore, delay, inaction and lack of inventory can be costly.
7. Filing a suit in the wrong court or not using a favorable jurisdiction. A divorce claim can be filed at the plaintiff’s place of residence if there are minor or underage children in their care or if the plaintiff cannot travel to the defendant’s place of residence for valid reasons; by agreement of the spouses, the case may be heard at the place of residence of either of them. A mistake in jurisdiction means loss of time and additional procedural expenses.
8. Agreeing to “reconciliation” when there is domestic violence. The court does take measures to reconcile spouses, but if one spouse has committed domestic violence, such measures are not applied regardless of the status of any criminal, civil or administrative proceedings. In such situations a divorce lawyer and a family law attorney are needed primarily for safety and correct procedural conduct.
9. Underestimating court fees and the financial consequences of a dispute. The Law on Court Fees provides that filing a claim for dissolution of marriage is subject to a fee of 0.4 of the subsistence minimum for working-age persons, and the fee for property division at divorce is 1 percent of the claim value within limits set by law; since the subsistence minimum for working-age persons as of January 1, 2026 is UAH 3,328, the basic fee for a divorce claim in 2026 equals UAH 1,331.20.
10. Failing to plan legal actions after the procedure is completed. After divorce, a person has the right either to continue using the married surname or to restore their premarital surname; when a marriage is dissolved by a court, the marriage is terminated on the day the court decision comes into force, and that decision is the document certifying the dissolution. Ignoring these consequences creates problems with documents, registers, banks, notarizations and remarriage.

All these mistakes share one trait — people perceive divorce only as a formal termination of marriage, while in reality it is a complex legal matter. If disputes about children, child support, a child’s place of residence, property, debts and documents are not settled in time, a seemingly simple divorce turns into a prolonged family dispute.

To reduce risks, it is worth collecting a basic package of information and documents before filing the application. This allows a divorce lawyer to quickly assess the prospects of the case and helps you avoid spending time on repeated appeals to the court or the Civil Registry Office (ДРАЦС).

• passport details of the parties and registration addresses;
• marriage certificate or its details;
• children’s birth certificates;
• documents for real estate, vehicles, corporate rights, accounts;
• evidence of child-related expenses, income and the children’s actual place of residence;
• correspondence, agreements, receipts, certificates and other evidence relevant to the dispute;

Even if the conflict seems “simple,” document preparation often determines whether the divorce will be quick and predictable. Legal consultation at the start of a divorce is almost always cheaper than fixing mistakes after filing a claim.

It is especially important to seek legal assistance in cases where divorce is accompanied by additional risks. In such situations legal mistakes during divorce can be the most costly — from loss of property to problems determining the child’s place of residence.

• one spouse does not consent to the divorce;
• there is a dispute regarding the children or visitation;
• there is a risk of alienation or concealment of joint property;
• one spouse is abroad;
• there are facts of domestic violence, psychological pressure or threats;
• simultaneous resolution of child support, debts and asset division is required;

In these categories of cases a family law attorney helps not only to properly formalize the divorce but also to protect your property and parental rights. For Ukrainian realities this is especially important because a mistake in the first step often triggers a chain of new court disputes.

Conclusion

Divorce is not a moment but a process in which every detail matters: from choosing the correct method of dissolution to fixing positions regarding children and property. Acting emotionally, without evidence and without a legal strategy results in unnecessary expenses, wasted time, court delays and weakening your position.

That is why preparation, not haste, works best in divorce cases in Ukraine. If you need a court divorce, a divorce through the Civil Registry Office (ДРАЦС), property division on divorce or professional legal consultation, timely legal assistance gives the main thing — control over the situation and protection of your interests.