Suspension of divorce proceedings

The court can suspend divorce proceedings if both spouses agree on it and propose a motion for suspension. Given your situation, this alternative is more appropriate than a withdrawal of the petition, with which the husband would have to agree and the proceedings would be stayed (terminated completely).

In the sense of Section 98 (1) of Act No. 161/2015 Coll. the Civil Non-Dispute Procedure Code (hereinafter referred to as the “CMP”): “The court shall continue the proceedings upon a motion after the expiry of three months; if a motion to continue the proceedings is not filed within one year, the court shall stay the proceedings.”

The court can continue the proceedings no sooner than 3 months from the suspension. As stated in professional legal literature (Horváth, E.: Civil Non-Dispute Procedure Code – commentary, 2016): “The court cannot continue the proceedings before three months have elapsed, not even in the case of a concurrent motion by both spouses, since the consensus of the spouses to suspend the proceedings is an expression of disposition with the proceedings, and the suspension of the proceedings also has the character of a procedural sanction for passivity in ongoing court proceedings.”

Key Deadlines and Consequences:

• Within 1 year: If you decide to continue the divorce proceedings within a year from the suspension, it is sufficient to file a motion to continue, and you do not have to pay the court fee again.

• After 1 year: If you do not file a motion to continue within one year, the court must stay (terminate) the proceedings. If you wished to get a divorce after this point, you would have to file a brand new petition and pay the filing fee again.

How to file the motion

You can file the motion for suspension orally at a court hearing, as it will be recorded in the minutes, or you can submit it in writing to the relevant court. In written form, it is preferable for the motion for suspension to be submitted by each spouse separately.