Divorce is a difficult situation, often complicated by confusion about what you need to end your marriage as easily and quickly as possible. What are the necessary documents for a divorce, and which application must you sumbit to a court in the cases of either a contested divorce or an uncontested divorce? You will learn all of these details in this article.
If you are applying for a divorce without without specific cause (an uncontested divorce), you will need a Property Settlement Agreement for establishing the division of the spousal property, housing and alimony.
If you and your husband have minor children, the court will not finalize the divorce until there has been a decision regarding both child custody and child support for all minor children. Thus, agreeing on how minor children will be provided for is the first thing you will have to solve. The most effective and best way in this case is parental agreement. If the child is mature enough, do not forget to ask for his opinion about what he or she wants.
If you respect their wishes, the child will know that you still care about them, and one day they will appreciate that as parents you were able to agree. By agreement, you will make it easier for your children and also yourself to start new life. You will also save many years of trials, stress, payments for expert opinions, etc. The court always assesses whether the agreement is in the best interests of the children. If so, in most cases the court will approve the Child Custody Agreement and the whole process will be significantly sped up – on one court date, if both parties appear, the case can be resolved.
In cases where you are able to agree on the contact of the other parent with the child, you do not need to specify in the judgment how often and for how long the other parent will be with the child.
All court decisions are always guided by the best interests of the child. If your agreed terms do not comply with the best interests of the child, the court may decide differently from your agreement. Trial proceedings before the court are initiated by filing a petition with the court. If you both agree, you will file with the court a “Proposal for the approval of the parents’ Agreement of Child Custody and the Child support of minor children“. In order to complete the divorce, it is always necessary to make all necessary adjustments for this relationship with minor children during the divorce process. In practice, we make these adjustments even before the divorce proceedings begin.
In the case of disagreement, one of the parents submits a “Proposal to adjust the Custody and Child support of minors”. A sample of this proposal can be found on the website of the Ministry of Justice. Keep in mind that this sample proposal is only a generic model, and in the case that you forget some details, or do not provide all the essential information and documents required, the whole process can take a much longer time. Therefore, it is always better to have the proposal checked by a divorce attorney before submission, of course.
We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also pay after services are provided.
The attorney advises: If you are unable to agree in any way, and there is a need to temporarily adjust the situation with minor children, you can apply for an interim measure. This is an extraordinary measure, (and parents sometimes overuse it, and thus complicate and prolong the possibility of a final decision in the case). Interim measures can be submited, for example, if the other parent does not contribute to the minor’s support, and the length of the court proceedings could put you in financial difficulties; or, if the care of the minor children needs to be adjusted temporarily. The interim measure has certain specifics, in the case of minors, and the court must decide within a maximum of 7 days. Therefore, interrogations are not normally held, because of the short deadline for a decision. Everything necessary needs to be explained and documented to the court. The basis for a successful interim measure is to assess whether the conditions for both filing an interim measure, and that the intermim measure proposal is well-written, are met. An experienced divorce attorney will always give you the best advice in these matters.
The proposal itself may be filed by one of the spouses; or if both spouses have agreed, they may file it together. In the case of agreement, and thus an uncontested divorce, (a divorce without finding of any one person’s fault for the break-up), it is necessary to meet several conditions as stated by law:
If there is a situation where one of the spouses does not agree to the divorce, or the spouses are unable to agree on the care of a minor child or the property settlement, then one of the spouses will file for divorce. In that case, the divorce will be contested, (a divorce with cause).
To the Divorce Settlement add a copy of the marriage certificate, and in case of a minor child, add the birth certificate of this child. Also, attach the submission of a final judgment on the adjustment of the conditions of post-divorce child custody, housing, child support and a Property Settlement Agreement as well.
The marital joint property of the spouses ends with the divorce and must be settled. The most optimal solution for property settlement is an agreement. The agreement is effective on the day when the marital property ceases to exist. It does not matter if you conclude it before or after the divorce of the marriage; (for an uncontested divorce, it is necessary to have it concluded).
Keep in mind that even the least complicated uncontested divorce, (without the need to settle the custody of a minor child or property settlement), lasts several months. In cases where the divorcing spouses cannot agree on nearly anything, the whole process can take several years.
If you want to keep the whole process as simple as possible, and keep the court time to a minimum with the best possible result, we will help you. The Dostupný Advokát team has experienced attorneys who will solve everything with you quickly online, and can represent you in court as necessary, providing everything you need.
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We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also pay after services are provided.
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