As a general principle, either spouse may submit a divorce claim to the court, even if the other spouse does not agree with this.
A marriage may be divorced by a court judgement on the basis of an action of one spouse against the other spouse.
If a common housing of the family is in sole ownership of one spouse or in common ownership of on spouse and a third party, a court shall grant the use of the dwelling to the other spouse only in case it is necessary to prevent injustice.
If, after divorce, a divorced spouse is unable to maintain themself due to caring for the common children of the spouses, they may request provision of maintenance from the other divorced spouse until the child attains three years of age.
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 the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property
- add all relevant documents that substantiate your request, if there are any
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