AKMV Divorce without a hearing
QUESTION
Is it necessary to attend a divorce, or is it possible to get divorced even without a hearing? My husband and I do not get along at all, and I would not want to be personally present at the hearing. Can you represent me in the entire process based on a power of attorney?
ANSWER:
Within the meaning of the general provisions of the Civil Procedure Code for Non-Adversarial Matters (hereinafter referred to as the “CMP”), the court shall order a hearing for the trial of the matter itself, unless the CMP stipulates that the matter may be tried without a hearing. This follows specifically from Section 33 (1) of the CMP, according to which: „The court shall order a hearing for the trial of the matter itself, unless this Act stipulates that the matter may be tried without a hearing.“
The provisions of Section II of the CMP regulating the so-called marriage divorce proceedings represent a lex specialis legal regulation in relation to the general provisions. These provisions do not regulate the possibility of trying a marriage divorce without ordering a hearing; therefore, the general regulation applies, which expressly states that ordering a hearing is necessary for trying the matter.
According to Section 33 (2) of the CMP: „The court shall summon the parties and everyone whose presence is necessary to the hearing; the summons shall be delivered in such a way that they have sufficient time for preparation, as a rule, at least five days before the day when the hearing is to take place.“
In practice, however, cases do occur where courts issue divorce decisions even without ordering a hearing, though we do not consider this to be a procedurally correct approach. We have encountered this in cases of marriage divorces where no decision was being made regarding the regulation of rights and obligations toward minor children.
JUDr. Veronika Michalíková, MBA