"Took the money and ran to the commander" – an unusual military divorce case was considered in court
The Pereiaslav City District Court of Kyiv region considered in simplified proceedings without summoning the parties a civil case filed by a wife against her husband for divorce.
Circumstances of case No. 373/1892/25
The plaintiff applied to the court demanding to dissolve the marriage registered on December 3, 2022, by the Boryspil Department of State Registration of Civil Status Acts, record No. 930. She stated that the marriage was entered into with the intention of creating a family, but their life together did not work out due to different views on life and marital duties. Since March 2025, the spouses have not maintained a joint household, do not live together, do not support family relations, have no joint property, and have no children from the marriage. In her opinion, further preservation of the marriage contradicts her interests.
During the case hearing, the plaintiff clarified her claims and requested the divorce and to keep her maiden name. The defendant submitted a response in which he did not object to the divorce, stating that he also wishes to terminate the marriage because its preservation contradicts the interests of both parties. At the same time, he pointed out certain circumstances.
In fact, the relationship ended on May 30, 2025, when the plaintiff secretly took all the family budget funds from him and ran away to another man (the battalion commander in which she serves).
The defendant also noted that after registering the marriage, the plaintiff changed her surname but did not replace her passport, which created obstacles for the divorce in the civil registration authorities. The plaintiff explained that due to military service and the intention to divorce, she did not consider it appropriate to change her passport to her husband's surname.
The court requested an extract from the State Register of Civil Status Acts, examined the marriage certificate, passport data, military documents of the parties, and other evidence. It was established that the plaintiff and defendant serve in different military units, live separately, are in hostile relations, and do not live together.
What the court decided
The court partially satisfied the claims.
By the decision dated November 17, 2025, the court dissolved the marriage between the parties, registered on December 3, 2022, by the Boryspil Department of State Registration of Civil Status Acts in the Boryspil district of Kyiv region of the Central Interregional Department of the Ministry of Justice (Kyiv), record No. 930.
The court denied the request to allow the plaintiff to keep her maiden name after the divorce. The court reasoned that the issue of restoring the premarital surname after divorce is resolved by the civil registration authority upon the relevant application, not in the lawsuit proceedings.
The court was guided by the provisions of Articles 24, 105, 110, 112, 113 of the Family Code of Ukraine, Article 124 of the Constitution of Ukraine, Articles 16, 293, 294 of the Civil Procedure Code of Ukraine. The court established that further joint life of the spouses and preservation of the marriage contradict the interests of both parties, considering the actual termination of marital relations, separate living, military service under martial law conditions, and mutual desire to divorce.
The decision may be appealed to the Kyiv Court of Appeal within thirty days from the date of its issuance. The decision enters into legal force after the expiration of the appeal period if no appeal is filed.
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