Divorce

What is happening

Most people come to us once divorce has stopped being a formality: the couple has minor children, so the registry office is no longer an option, or the other spouse simply ignores messages and does not turn up to court. They want to know how long it will take and what will be needed from them.

Another common story: the spouse has moved abroad, their address is unknown, or the marriage was registered in another country. Choosing the right court and serving notice properly matters here, otherwise the judgment is easy to overturn later.

And a third: nobody contests the divorce itself, but alongside it you need to settle who the children will live with, who pays what, and what happens to the mortgaged flat. These issues can be raised in one case or split into separate proceedings, and that choice affects how quickly you get your divorce certificate.

What the law says

• A marriage is dissolved at the civil registry office where both spouses agree and have no minor children together; the certificate is issued once a month has passed from the application (the Family Code).
• Where there are minor children, or one spouse objects or avoids the process, the divorce goes through the courts. If there is no dispute over the children, a justice of the peace hears the case; if there is, it goes to the district court (the Code of Civil Procedure).
• Where one spouse objects, the court may adjourn and allow up to three months for reconciliation. A marriage dissolved by a court ends on the day the judgment enters into force.
• A husband may not seek a divorce without his wife's consent while she is pregnant or during the year after the child is born (the Family Code).
• At the spouses' request, the court can decide at the same time where the children will live, who pays maintenance and how much, and how the joint property is divided. If there is no agreement, or it harms the children's interests, the court decides these points itself.
• A divorce claim is generally filed where the respondent lives, but if minor children live with the claimant, or travel is difficult for health reasons, the claimant may file where they live (the Code of Civil Procedure).

What we do

• We establish where the divorce should be handled: the registry office, a justice of the peace or the district court, and which court has jurisdiction if your spouse lives in another city or abroad.
• We decide which claims to bring together with the divorce and which to hive off, so that a property dispute does not hold up the divorce itself.
• We prepare the statement of claim, applications and evidence on the related issues, including your spouse's income and the children's living conditions.
• We make sure your spouse is properly notified, including when they are abroad, so the judgment cannot be set aside on technical grounds.
• Where the parties are ready to agree, we draft an agreement on the children and maintenance and put it before the court.
• We represent you at hearings so you do not have to attend each one in person.
• We obtain the judgment marked as final and help register the divorce with the registry office.

What we will need from you

• Your marriage certificate, or a foreign marriage document with a translation.
• The children's birth certificates.
• Your spouse's address and ways of contacting them.
• Documents on your spouse's income if you are claiming maintenance, and a list of joint property if it is to be divided.
• Correspondence or other evidence of your spouse's position if they object to or are avoiding the divorce.
• Your passport and a power of attorney for your representative.