As a general principle, either spouse may submit a divorce claim to the court, even if the other spouse does not agree with this intention.
Conditions and time limits
A marriage may only be dissolved if it has broken down, meaning that the spouses have not been living together for at least three years and they are not expecting to renew their co-habitation.
If you have both agreed to divorce, it is not necessary to wait for the three year period of no co-habitation to elapse.
According to the Civil Law, there are two other situations, in which the court may also dissolve a marriage before the three year period elapses, even if your spouse does not agree to a divorce:
- you or your child have suffered physical, sexual, psychological or economic violence from your spouse
- you, or your spouse, are living together with another person and have (or are expecting) a child with that person
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:
- the date from when you have been living separately from your spouse
- 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
You can learn more about the legal requirements for your application in the Civil Procedure Law.
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
- the right to keep or change the marital surname