Divorce proceedings are a process that takes place before a court and results in the dissolution of a marriage. In the words of the law, a marriage can only be dissolved if it is deeply, permanently and irretrievably broken and cannot be expected to be restored.
If the spouses have minor children together, the so-called custody court comes first. This means that before the divorce itself, the relations with the minor children for the period after the divorce must be settled in a separate custody proceeding. We have broken down all of the important information for the petition to modify the minor children’s relationships into a separate article with the documents needed for the divorce.
The divorce proceedings are initiated by a petition (by one spouse or by a joint petition by both spouses), which must be filed with the court where the spouses were last domiciled together and one spouse still lives there. If neither of the spouses no longer lives there, another court will have jurisdiction. After payment of the court fee, the court will order a hearing at which the parties will also be heard.
TheCode of Civil Procedure obliges the court to make the spouses remove the causes of the divorce and to seek reconciliation.
The Civil Code distinguishes between a divorce with an investigation of the causes of the breakdown of the marriage (also known as a contested divorce) and a divorce without an investigation of the causes of the breakdown of the marriage (in this case, an amicable or uncontested divorce).
Tip: We have previously written an article on what to prepare for in the event of a contested or uncontested divorce.
As mentioned above, according to the Civil Code, a marriage must be deeply, permanently and irretrievably broken in order for the court to divorce it. During the divorce, it is necessary to prove the existence of the breakdown and its causes.
However, there are situations where the court will not divorce the spouses even though their cohabitation is broken.
Or do you not want to agree to a divorce? Take the professional advice of a divorce lawyer who will work quickly and energetically to put the unpleasant situation behind you as soon as possible and achieve the maximum possible.
Take professional advice from a lawyer
A contested divorce is often a lengthy and costly affair. The process of what is called a contested divorce begins with a proceeding to modify the relationship of the minor child.
During the first hearing, the court may try to get the spouses to come to an agreement. However, this is not an agreement that would lead to the spouses reconciling and preventing their divorce; in this, the court has long accepted the parents. The object here is to find a common solution concerning the minor children. One of the possible solutions is to order mediation, where the parties have the opportunity to clarify the situation in a confidential setting with the help of an independent third party. It is not uncommon for the court to select the mediator itself and oblige both spouses to contact the mediator and arrange a meeting.
In the event of failure, a second or further meeting is held. It is necessary to take into account the possibility that, in view of the limited time available to the court and the difficulty of interviewing both parents, everything will not be completed during the second hearing. The court may appoint an expert in psychology and psychiatry to draw up an expert report, which may take 90 days or more. Reports from the authorities, reports on the parents’ assets, enquiries to banks, etc. may be requested. At the same time, the minor may be questioned in court, which can be psychologically taxing for everyone, especially for minor children.
Even if it is a so-called contested divorce, the parents’ priority should be to agree at least on the care of the minor children. As the court often says, “an agreement is worth its weight in gold”. And once the family has broken up, we believe that minor children carry less burden in the future when parents tell them that they have reached an agreement and behave accordingly than when there are arguments and bickering.
After the expert reports have been prepared , the court will order further hearings, and the experts may be deposed if the parties so request. Only the proceedings for the adjustment of relations with minor children can drag on for years.
There, the court usually already has sufficient evidence, so it will invite the parties to make a closing speech. On the basis of all that has been said and presented, the court makes a final decision.
This is a question that divorce lawyers encounter quite often. If both spouses waive the right to appeal the divorce judgment, the judgment becomes final on the date on which the last addressee is served with the written judgment. Only the court that issued the judgment has this information and it is necessary to obtain a judgment with a final judgment clause for further proceedings. This is relatively easy to arrange with the court that issued the judgment.
If the spouses do not waive the possibility of appeal, the 15-day period for appeal starts from the date of service. The divorce judgment will become final when neither spouse appeals.
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.
An uncontested divorce is a shorter and less demanding option. If all the legal conditions for an uncontested divorce are met and the spouses have an agreement in hand on the division of property, housing and maintenance for the period after the divorce, the divorce process itself will proceed.
The procedure for filing a divorce by agreement is as follows: the court will order an oral hearing and will usually want the spouses to attend the hearing in person. However, unlike the contested divorce described above, the reasons for the breakdown will not be established and there will not be the often unpleasant questioning and explaining of why someone wants a divorce.
Thus, the court will usually only need one hearing to make a decision.
An uncontested divorce is always worth pursuing, even if you don’t agree on everything at the outset of the divorce discussions. It does not mean that you have the same opinion on everything, but that you are able to come to that opinion after a certain period of time. Unless you are completely hostile and irreconcilable, it is worth trying to reach an agreement with the help of solicitors. Even if it takes a few weeks, it is always a quicker and cheaper solution than a contested divorce.
After a divorce, a person who has adopted the surname of the other spouse has the legal option of notifying the registry office that he or she is adopting his or her former surname or that he or she is abandoning the use of the joint surname in addition to the former surname.
Important information on changing your surname after divorce:
You can find the procedure and all the necessary documents on the Ministry of the Interior’s website.
As far as inheritance is concerned, after a divorce the spouse ceases to be a legal heir and can only inherit as a testamentary heir. In certain circumstances, in the event of an early death after divorce, it is possible to inherit as a cohabitant who has lived in the same household with the person concerned for at least one year before his/her death.
Tip: In these cases, it is always worth taking the advice of an experienced attorney to ensure you get everything you are entitled to.
If the divorced spouse is unable to support himself/herself and the reason for this arose during or in connection with the marriage, or if he/she did not cause the breakdown of the marriage, did not consent to the divorce and has suffered serious harm, he/she may claim maintenance which guarantees him/her the same standard of living as the other spouse. Such maintenance may be paid for a maximum of 3 years.
Tip: When does spousal support cease and what affects it, see a separate article.
A number of complications can arise during the course of a divorce that can prolong the process. Especially in cases of contested divorces, this will make an experienced divorce attorney useful. At Affordable Lawyer, you will appreciate the high level of professionalism and expertise, as well as the fixed prices and the fact that we are able to divorce most marriages at the second sitting.
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.
Divorce proceedings can take place either as an uncontested divorce, where the spouses agree on all the terms, or as a contested divorce, where there are disagreements between them. In an uncontested divorce, several conditions must be met, including an agreement on property division and child custody. A contested divorce usually takes longer, as the court examines the reasons for the breakdown of the marriage and decides on any custody of minor children. The process involves filing a petition with the court, a court hearing, and a judgment. Knowing the proper procedure helps to handle the divorce as efficiently as possible and minimize its impact on all parties involved.
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.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
