Divorce is a challenging situation, often complicated by confusion about what you need to do to end the marriage as easily and quickly as possible. What are the necessary documents for a divorce and which petition must you file with the court first in a contested or uncontested divorce? Find out all this in this article.
If you are applying for a divorce without establishing the causes of the breakdown of the marriage (also an uncontested divorce), you will also need an agreement on the division of the matrimonial property, housing and maintenance.
If you and your spouse have minor children, the court will not dissolve the marriage until it has decided on the custody and support of the minor child after the divorce. Thus, the adjustment of the relationship to the minor children is the first thing you will need to resolve. The most effective and best way to do this is through a parenting agreement.
If the child is mature enough, be sure to ask his or her opinion and what he or she wants. If you respect his wishes, the child will know that you still care about him and will appreciate that as parents you were able to come to an agreement. By making an agreement, you will make it easier for your children and yourself to get a start in life. You will also save yourself years of litigation, stress, expert witness payments, etc. The court always assesses whether the agreement is in the best interests of the children. If it is, in most cases the court will approve the agreement and the whole process is greatly accelerated – in one court session, if both parties are present, the matter is resolved.
Tip: Do you believe that you are not the biological father of the child, even if the legal presumption of paternity is true? Learn how to establish paternity and how to file a lawsuit to deny paternity.
Tip: We have covered maintenance in one of our previous articles. If you are unclear, read our in-depth article on alimony.
If you are able to agree on the other parent’s contact with the child, you do not have to regulate directly in the judgment how often and for how long the other parent will have contact with the child.
All decisions of the court are always guided by the best interests of the child. If your agreed terms do not reflect this, the court may decide differently from your agreement/proposal. Court proceedings are started by filing a petition with the court. If you reach an agreement, you will file a “Motion for Approval of Parental Agreement to Modify the Relationship, Education and Support of Minor Children” with the court. In order to get a divorce, you always need to adjust the relationship to the minor children during the divorce. In practice, we adjust the relations with minor children even before the dissolution of the marriage.
In case of disagreement, one of the parents files a “Petition for Modification of Custody and Support of Minor Children”. You can find a sample petition directly on the website of the Ministry of Justice. However, it must be added that this is a general template and in case you forget something or do not provide all the essential information and documents, the whole process will be prolonged. That is why it is always better to have the proposal checked by a divorce lawyer.
In order to avoid the whole process being unnecessarily prolonged and to avoid panicking in case of sudden complications, it is best to discuss everything with a divorce lawyer. He or she will draw up and check the necessary divorce documents and discuss them with you. Everything can be handled online, but they will also represent you in court if necessary for upfront fees.
Counsel advises: If you are unable to reach any agreement and there is a need to provisionally adjust the relations of the minor children, you can file a motion for an interim measure. This is more of an emergency measure (although parents sometimes overuse it, thereby complicating and prolonging the possibility of a final decision in the case). An interim measure can be filed, for example, if the other parent is not contributing to the maintenance of the minor child and the protracted nature of the court proceedings could put you in financial difficulties, or if there is a need to make temporary arrangements for the care of the minor child. Interim measures have certain specifics; the court must decide on the minor children’s case within a maximum of 7 days. Therefore, as a rule, no hearings are held as there is a short time limit for a decision. Everything that is necessary must be explained and documented to the court. The basis for a successful interim measure is an assessment of whether the conditions for an interim measure are met and a well-drafted interim measure. This is always best advised by an experienced divorce attorney.
One spouse may file the petition alone or, if both spouses agree, they may file a joint petition.
In the case of an agreed and thus uncontested divorce (divorce without finding the causes of the breakdown), several statutory conditions must be met:
If one of the spouses does not agree to the divorce or if the spouses are unable to agree on the care of the minor child or the division of the community property, one of the spouses files for divorce. In this case, it will be a contested divorce (divorce with investigation of the causes of the breakdown).
To make it easier for you, we have drawn up a model divorce petition. Even though divorce lawyers have worked on it, it is a general template that does not reflect your specific example. Therefore, if you want to make sure that everything is in order and that an unnecessary mistake does not prolong or complicate the whole process and any further settlement, it is advisable to consult the template with a lawyer or at least have it checked.
Include with the divorce petition a copy of the marriage certificate or birth certificate of the minor child in common, and attach or document the filing of a final judgment for post-divorce custody and a petition for property, housing and support.
Tip: Given the financial demands of the process, it will certainly be useful to know who is paying the costs of the divorce.
Thecommunity of property ceases on dissolution of the marriage and must be settled. The most advantageous solution to the property settlement is an agreement. It is effective on the date on which the community of property ceases to exist. It does not matter whether you conclude it before or after the dissolution of the marriage (for an uncontested divorce you must have concluded it).
For more information, see the article on the division of community property.
Consider that even the least complicated uncontested divorce (without having to settle custody of a minor child or property) takes several months. In cases where the divorcing spouses can agree on almost nothing, the whole process can take several years.
So if you want to keep the process to a minimum and get the maximum result, we can help. At Dostupný advokát, we have experienced lawyers on our team who can quickly sort everything out with you online, but can also support you in court.
Tip: The legal regulation of marriage is one of the five most frequently used parts of the Civil Code. Read also about the other four.
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.
Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.
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