A divorce is one of the most demanding periods in life. My role is to make sure it proceeds with dignity, as quickly as possible and with the least possible consequences for you and your children.
01How I can help you
- I will assess your situation and explain what a divorce means for you, your children and your property,
- I will prepare the divorce petition or a response to your spouse's petition,
- I will advise you on a divorce with a foreign national or abroad,
- I will prepare the parents' agreement on the exercise of parental rights and responsibilities towards minor children,
- I will represent you in court in the divorce proceedings and in the related proceedings concerning the children,
- I will prepare you for the hearing so that you know what to expect and how to proceed,
- afterwards, I will deal with maintenance and the settlement of joint property.
02How we proceed
- Initial consultation – we will establish the facts, your goals and the possibilities of reaching an agreement with your spouse.
- An agreement, if possible – we will try to reach an agreement on the children, maintenance and property. An agreed divorce is quicker and gentler. Mediation can also help.
- Petition to the court – I will prepare the divorce petition and, if you have minor children, also a petition to arrange their care for the time after the divorce.
- Court proceedings – I will represent you at the hearing. The court will grant the divorce if the relationship between the spouses is seriously disrupted and has permanently broken down – even if your spouse does not agree to the divorce.
- After the divorce – we will complete the property settlement and other related steps.
03Frequently asked questions
- How long does a divorce take?
- It depends mainly on whether the spouses reach an agreement and on how busy the court is. Where there is an agreement and the arrangements for the children are clear, the proceedings are usually considerably shorter than in a dispute.
- Does my spouse have to agree?
- No. The court may grant a divorce even without the other spouse's consent if it finds that the marriage has broken down deeply and permanently and can no longer fulfil its purpose.
- What happens to the children?
- If you have minor children, before the divorce the court will decide who will have custody of them, how contact with the other parent will be arranged and what the maintenance will be. It is best if the parents agree on this themselves.
- Does the court also deal with property in the divorce?
- No. Joint matrimonial property (BSM) ceases to exist on divorce and is settled separately – by agreement or in separate court proceedings.
- How much is the court fee for a divorce?
- The court fee for a divorce petition is €100, or €50 if filed electronically. Proceedings on arrangements for minor children are exempt from the fee.
- Which court is the divorce petition filed with?
- As a rule, with the court in whose district the spouses had their last shared residence, provided at least one of them still lives there. If that is not the case, the residence of the spouse against whom the petition is directed is decisive.
- Can we file a divorce petition jointly?
- No. Divorce proceedings can only be started on the petition of one of the spouses. The other spouse may, however, agree to the divorce – agreement between both spouses makes the proceedings considerably simpler and shorter.
The information on this page is of a general nature and does not replace an individual legal consultation.
