AKMV We have been living separately with my husband for 3 years and we have one adult child. Is it possible for us to get divorced as quickly as possible and without a court hearing?
Quick Divorce
QUESTION
ANSWER:
According to Section 23(1) and (2) of Act No. 36/2005 Coll. on the Family and on the amendment of certain laws: “The court may dissolve a marriage upon the petition of one of the spouses if the relationship between the spouses is seriously and permanently broken to the extent that the marriage cannot fulfill its purpose and the restoration of cohabitation cannot be expected. The court shall examine the reasons that led to the serious breakdown of the marital relationship and shall take them into account when deciding on the divorce. The court shall always consider the interests of minor children when deciding on a divorce.”
To assess the breakdown of the marriage and its causes, the court may find it appropriate to hold a hearing. However, whether or not to order a hearing is at the discretion of the court — the law does not require a hearing to be held in every divorce case. In legal practice, there have been cases where a marriage was dissolved without a hearing, particularly when both spouses requested that the court decide the matter without holding one (in their divorce petition and response).
To speed up the proceedings, the following recommendations may help:
Correctly determine the competent court: The competent court is the one in the district where the spouses last lived together (if one of them still lives there). If not, the general court of the non-petitioning spouse is competent. If this still doesn’t apply, the general court of the petitioner will have jurisdiction.
Accurately identify both parties (name, address, etc.).
Provide details such as where and when the marriage took place, how the couple met, their early life together, relevant events leading to the breakdown, and whether any attempts were made to save the marriage.
Clearly state the request, e.g., that the petitioner is requesting the court to dissolve the marriage.
Attach a copy of the marriage certificate.
Pay the court fee when submitting the petition — e.g., by attaching a court fee stamp (kolok). If the court fee is not paid with the petition, the court will issue a payment request, which can delay the proceedings by up to 4 weeks.
JUDr. Veronika Michalíková, MBA QUESTION
We have come to the conclusion with my husband that we will get divorced, but we would like the divorce to proceed as quickly as possible. Is it possible to influence the duration and the entire process of the divorce?
ANSWER:
The procedural course of divorce proceedings is governed by Part II of Act No. 161/2015 Coll. on Civil Non-Contentious Procedure as amended (hereinafter referred to as the “CNP”). A specific attribute of divorce proceedings is their iudicium duplex nature, which means that either spouse is actively entitled to initiate the proceedings — the petition may be filed by either party.
Once the divorce petition is delivered to the court, the court usually sends it to the other spouse for a response and sets a deadline by which the response should be submitted. After receiving the response, the court typically sets a hearing. The date of the hearing is not set by law and depends on the court’s discretion — it usually happens within one to two months. If the court delays, either party may formally request the court to set a hearing date.
The petitioner can withdraw the divorce petition. However, for the court to terminate the proceedings, the consent of the other spouse is required. If the other spouse does not consent, the court will continue the proceedings. The only exception is if the divorce petition has not yet been delivered to the other spouse.
Under § 96 of the CNP, the court may also invite the parties to attempt an amicable settlement through mediation.
The court sends a summons for the hearing to both spouses. If represented by lawyers, the summons is usually sent to the attorney. If the spouse who filed the petition (the petitioner) does not attend the hearing without timely and serious justification, the court will terminate the proceedings. The only exception is if the other spouse (the respondent), who is present at the hearing, insists that the hearing should proceed.
The parties may also jointly propose to suspend the proceedings. However, if no petition to resume the proceedings is filed within one year, the court will terminate the case.
During the divorce proceedings, the court also decides on the custody of minor children and child support after the divorce. To do so, it examines the income and expenses of the spouses and the costs related to the child in order to determine the appropriate amount of child support.
In the final decision, the court rules on the divorce and custody of the child — including which parent the child will live with, the visitation rights of the other parent, or whether shared custody will be ordered. The Family Act also allows the court to regulate contact with close relatives in justified cases. If one parent prevents the other from maintaining contact with the child, the court may change the custody decision.
According to § 121 of the CNP, a judgment regarding the performance of parental rights and obligations or child support may be amended or cancelled in case of a change in circumstances — even without a formal request.
In divorce proceedings, the court only rules on the parental rights and obligations and child support for minor children. If the divorcing spouses also have adult children, the court can only rule on maintenance for adult children if the adult child submits a petition.
The spouses may waive their right to appeal the judgment directly at the hearing where the decision is issued. In such a case, no appeal is possible, and the judgment becomes final on the day of the hearing.
JUDr. Veronika Michalíková, MBA