Amicable divorce: The fastest and most painless solution
An uncontested divorce is always the best option if there is at least a minimum level of agreement between spouses on key issues. In this procedure, the court does not determine “who is to blame” for the breakdown of the marriage, but only verifies the agreement between the partners.
For an uncontested divorce to be successful, the petition submitted to the court must include two mandatory written agreements:
- Agreement on the exercise of parental rights - a detailed agreement on who the children are entrusted with, what the amount of alimony will be and how the other parent will maintain personal relations with the children (seeing model).
- Agreement on the division of joint property - a precise plan of how the property acquired during the marriage (real estate, cars, savings) will be divided.
- Advantages: The procedure usually ends at only one hearing, the costs are minimal, no private details are disclosed to the public, and the level of stress for children is reduced to a minimum.
Divorce by lawsuit: When an agreement is not possible
If the spouses cannot agree on the custody of the children, the amount of alimony or the division of property, or if one party does not want a divorce at all, a lawsuit is initiated. The lawsuit is filed by one spouse against the other.
The law states that each spouse has the right to divorce if the marital relationship is seriously and permanently disturbed or if the union of life cannot objectively be achieved.
What does the lawsuit procedure look like?
- Mediation attempt (Mediation): The court will first try to reconcile the spouses or lead them to an amicable solution (except in specific cases, such as domestic violence).
- Involvement of the Center for Social Work: When there are minor children, the court must ask for the opinion of the expert team of the guardianship authority that assesses the suitability of the parents.
- Litigation: If conciliation fails, a classic court procedure is conducted where evidence is presented, witnesses and experts are heard.
- Disadvantages: The procedure for the lawsuit may last months, even years. Financial costs (court fees, attorney's fees, expert opinions) are significantly higher, and the process is emotionally exhausting for all family members.
Lawyer’s advice
We always advise clients to exhaust all possibilities to reach an agreement, even when it seems impossible at first. The lawyer's role at this stage is not only to represent before the court, but to act as a mediator to help reach a legally valid and sustainable agreement.
When a contested divorce is inevitable, hiring an experienced attorney is critical to protecting your parental rights, ensuring adequate child support, and preserving the assets that are legally yours.
