As a general principle, either or both spouses may submit a divorce claim to the court, even if the other spouse does not agree with this intention.
Conditions and time limits
A marriage may only be dissolved if it has broken down, meaning that the spouses have not been living together for at least one year and they are not expecting to renew their co-habitation.
According to the Civil Code, there is no restriction of time to submit divorce application under one of spouses will or because of one of spouses fault.
Application to the court
If you both agree to a divorce, in your application to the civil court, you should present a contract which includes information whether you and your spouse have agreed on the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property and other legal consequences.
If one of the spouses is submitting a divorce claim, it should be referred to the relevant legal provisions that gives the right to request a divorce.
You can learn more about the legal requirements for your application in the Civil Procedure 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:
- custody of your child/children
- the exercise of right of access to a child
- child maintenance
- division of joint property
- the right to keep or change the marital surname