As a general principle, either spouse may submit a divorce claim to the court, even if the other spouse does not agree with this intention.
Conditions
A marriage may only be dissolved if the cohabitation of the spouses and family life is impossible in the future, meaning that one of the spouses or their guardian has filed for divorce by submitting an application.
Application to the court
In your application to the civil court, you should:
- refer to the relevant legal provisions that give you the right to request a divorce
- explain the facts and circumstances which are important for the court to decide your request. These facts and circumstances include:
- whether your spouse agrees to the divorce (this agreement is not obligatory)
- whether you and your spouse have agreed on exercising parental rights regarding your children, the access rights of the other parent, maintenance for the child
- add all relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Code and in the Family Code.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether your marriage can be dissolved.
Even if the court decides that you should be granted a divorce, it has to decide on other aspects related to your marriage such as:
- parental rights in regard to your child/children
- the exercise of right of access to a child
- child maintenance
- division of joint property, if requested