Divorce when your spouse does not consent

01When the court will dissolve a marriage

On the petition of one of the spouses, the court may dissolve a marriage if the relationship between the spouses has broken down so seriously and permanently that the marriage can no longer fulfil its purpose and the resumption of married life cannot be expected (Section 23(1) of the Family Act – zákon o rodine, Act No. 36/2005 Coll.).

The law says nothing about the other spouse's consent. The court examines the state of the marriage, not whether both spouses agree to the divorce.

02What the court looks into

• the causes of the breakdown – and takes them into account (Section 23(2)),
• any breach of the spouses' duties – for example fidelity, mutual respect and support (Section 23(3)),
• the interests of minor children – the court always takes these into account.

The court is not bound solely by what the spouses claim – it establishes the actual situation itself. In practice it asks mainly how long the spouses have not been living together, whether they still share a household budget and whether it is realistic that they will resume married life.

03What if your spouse does not come to court

A divorce cannot be won or lost merely because someone does not attend court – neither judgment in default nor judgment on admission is used in divorce proceedings. If your spouse does not appear, the court will decide whether to hold the hearing in their absence and, if their personal attendance is necessary, it may even order that they be brought before the court.

As the petitioner, you must attend the hearing. If you fail to appear without a valid excuse, the court will discontinue the proceedings – unless your spouse, who is present, declares that they wish the matter to be heard (Section 97 of the Code of Non-Contentious Civil Procedure – Civilný mimosporový poriadok, CMP).

04When your spouse tries to delay the proceedings

• Suspension of proceedings – the court will suspend divorce proceedings only if both spouses apply for it. One spouse cannot have them suspended alone. After three months the proceedings continue upon application; if no one applies within one year, the court will discontinue the proceedings (Section 98 CMP).
• Withdrawal of the petition – if you change your mind, you may withdraw your petition. Once it has been served on your spouse, the court will discontinue the proceedings only with their consent (Section 95 CMP).

05Children and property

Divorce proceedings are combined with proceedings to settle arrangements for minor children for the period after the divorce (Section 100 CMP). If the parents do not reach an agreement, the court will decide on custody, contact and maintenance – you will find more on the page Shared (alternating) custody. Property is not dealt with in the divorce proceedings; it is settled by agreement or in separate proceedings.

06How to proceed

1. Gather evidence of the breakdown – since when you have been living apart, separate housing and finances, witnesses, reports or other evidence.
2. File the petition electronically – the court fee is then €50 instead of €100.
3. Try to reach agreement at least about the children – even if your spouse does not agree to the divorce, it is still possible to agree about the children. The court may invite the spouses to attempt an amicable solution through mediation (Section 96 CMP).
4. Deal with property separately – by agreement or by an action for the settlement of joint matrimonial property (BSM).

07Frequently asked questions

Can my spouse prevent the divorce simply by not agreeing to it?

No. Your spouse's consent is not a condition for divorce. The court will dissolve the marriage if the relationship between the spouses has broken down so seriously and permanently that the resumption of married life cannot be expected.

What if my spouse does not attend the hearings?

The court will decide whether to hold the hearing in their absence and, if their attendance is necessary, it may order that they be brought before the court. Judgment in default is not used in divorce proceedings – the court always establishes the actual state of the marriage.

Can my spouse have the divorce proceedings suspended?

Not on their own. The court will suspend divorce proceedings only on a joint application by both spouses.

How long does a divorce take if my spouse does not consent?

The law sets no time limit. A contested divorce usually takes longer than one on which the spouses agree – particularly if witnesses need to be heard or the parents cannot agree on arrangements for the children.

How much does a divorce without my spouse's consent cost?

The court fee is the same as for any divorce: €100, or €50 if the petition is filed electronically. Proceedings concerning the children are exempt from court fees.