Divorce step by step — how to prepare for the case

The decision to divorce is rarely easy, and the process itself can be stressful mainly because many things are simply unknown. Below we organize the course of the case and suggest how to prepare for it.

When the court grants a divorce

The court grants a divorce when there has been complete and permanent breakdown of marital life — emotional, physical, and economic bonds have ceased, and there is no indication of their return. Even with the parties' consent, the court examines whether the divorce will not harm the welfare of the common minor children.

What to prepare before filing the statement of claim

• a copy of the marriage certificate and copies of the children's birth certificates,
• documents regarding financial situation and income (useful for maintenance),
• any evidence regarding the circumstances of the case (if you request a fault-based ruling),
• a well-considered position regarding the children: place of residence, contacts, maintenance.

Course of the case

After filing the statement of claim and paying the court fee, the court sets a hearing date. In an uncontested divorce without fault ruling, the case often ends at one hearing. Disputes over fault, children, or property prolong the proceedings and require evidence and witnesses.

A well-prepared statement of claim and consistent position can shorten the case by months.

Fault or no fault?

This is one of the key decisions — we discuss it in more detail in a separate entry. In short: a no-fault divorce is faster, and a fault ruling may be significant, among others, for the maintenance obligation between spouses.

Related matters

Along with the divorce, the court decides on parental authority, contacts, and child maintenance. Property division can be conducted in the divorce case or later — usually more conveniently separately.

This article is for informational purposes and does not constitute legal advice. Every family case is different — for an assessment of your situation, we invite you to contact us.