What is the procedure for a divorce in the courtroom?

Divorce proceedings are classified as non-adversarial (mimosporové konania), as in many cases both spouses share an interest in the dissolution of the marriage and there is no dispute between them. Throughout the entire judicial proceedings, the court is obliged to examine whether it is possible to conclude that there is a deep and permanent breakdown of the marriage, which in professional legal terminology is also called a qualified breakdown.

After the delivery of the petition for divorce to the court, the court will request the petitioner to pay a court fee in the amount of €100. The court fee can also be paid in the form of e-stamps (e-kolky), which are attached to the petition for divorce. The latter method of paying the court fee will speed up the proceedings slightly, as the court does not have to issue a formal request to the petitioner to pay the fee. If the court fee is not paid, the court will not initiate the proceedings.

The court delivers the petition for divorce to the other spouse, who did not file the petition, and requests them to submit a statement. After the statement is delivered, the court sends out a summons to the hearing.

The petitioner sits to the right of the judge, and the respondent (the spouse who did not file the petition for divorce) sits on the other side. At the beginning, the judge requests the parties to present their identity documents—an identity card or passport; a single identity document is sufficient.

The judge then asks whether the petitioner insists on their petition. If the petitioner answers “yes,” the judge generally opens the hearing. The judge gives the floor to the petitioner first and requests them to present their petition for divorce and, in particular, to describe the facts that led to its submission. After the petitioner’s statement, the judge gives the floor to the other spouse, who did not file the petition.

The parties to the proceedings are obliged to completely and truthfully describe the factual circumstances necessary for a decision in the matter and are obliged to indicate evidence to prove their allegations. The judge may ask the parties supplementary questions. The court ascertains the actual state of the matter and, to that end, also takes evidence that the parties did not propose. In the sense of Section 96 of the CMP (Civil Procedure Code for Non-Adversarial Matters): „The court guides the spouses toward eliminating the causes of the breakdown and strives for their reconciliation. If it is expedient and the circumstances of the adjudicated matter allow it, the court may invite the parties to attempt a peaceful solution through mediation.“

In the case of minor children, the issue of their custody and the amount of child support is also addressed, and a conflict-of-interest guardian (kolízny opatrovník), whom the court appoints by a resolution, is also invited to the hearing. The court delivers this resolution to the parties before the hearing. In practice, we do not frequently encounter a conflict-of-interest guardian visiting the family at home, but it is not ruled out.