Divorce

If the marriage is deeply, permanently and irretrievably broken and its renewal cannot be expected, the marriage may be terminated. However, if the spouses have a minor child who is not of full legal capacity, the court will not divorce them until a decision is taken regarding contact with and maintenance for the child for the period of time after the divorce. This means that the divorce proceeding must be preceded by the guardianship proceeding.

The divorce may be either contentious, in such case the court ascertains existence of breakdown of the marriage and its cause, whereby the court may lead the participants through a family mediation to an attempt to renew the cohabitation of spouses, or non-contentious, in such case the cause of the breakdown is not to be ascertained on condition that also the other spouse agrees with the application to divorce and that the court draws a conclusion that the consenting allegation about the breakdown of the marriage and about intention to get divorced is true and that at the same time the marriage has lasted for at least one year that the spouses have not lived together for more than six months and that the court received both an agreement to regulate the situation of the minor for the period of time after the divorce, which was approved by the court within the previous guardianship proceeding, and an agreement to settle property, to regulate housing and maintenance of spouses.

Our law office has extensive experience with this agenda, whereby it is able to conduct also effective extra-judicial negotiations with the counterparty in order to solve everything between the parties in advance even before the beginning of the court proceeding itself so that friendly relationship between the spouses is maintained if possible.