AKMV Divorce in the husband’s absence – failure to appear in court
Are you interested in legal services?
Do not hesitate to contact us at recepcia@akmv.sk
QUESTION
My husband and I have not lived in the same household for over a year. We do not have any children together. However, my husband works abroad long-term and is not willing to attend the hearing. Is it possible for the court to grant us a divorce even in my husband’s absence?
ANSWER:
If you file a petition for divorce, the court will send it to your husband for his statement. Since he resides abroad long-term, the court may not always succeed in this. If it is not possible to deliver the divorce petition to your husband at a known address abroad, the court may appoint a guardian ad litem for him.
The guardian serves to ensure the protection of your husband’s procedural rights, which means their duties include ensuring your husband learns about the filed divorce petition and its progress. This fact follows from Section 29 of Act No. 40/1964 Coll., the Civil Code: “The court may also appoint a guardian for a person whose whereabouts are unknown, if it is necessary to protect their interests or if public interest requires it. Under the same conditions, the court may appoint a guardian if it is necessary for another serious reason.”
If the court succeeds in delivering your petition to your husband, a guardian will not be appointed. If he agrees with the divorce, he can state in his response that he agrees with the petition, does not request a hearing in the matter, and the court may decide on the petition even in his absence.
In the event that he does not agree with the petition and fails to appear at the hearing at all without a proper excuse, the court may proceed with the hearing even in his absence.
JUDr. Veronika Michalíková, MBA