Withdrawal – retraction of a divorce petition

In accordance with Section 95 (1) of Act No. 161/2015 Coll. the Civil Non-Dispute Procedure Code: “If the petitioner has withdrawn the petition, the court shall not stay the proceedings if the other spouse does not agree with the withdrawal of the petition.” In this case, if you do not express consent to the withdrawal of the petition, you can continue with the divorce proceedings. The only exception is if your husband withdrew the petition before it was even served on you. In such a scenario, the court will stay the proceedings, and your disagreement with this fact is legally irrelevant.

The petitioner can withdraw their divorce petition even directly during a court hearing. In such a case, if the other spouse is present, the court immediately asks for their opinion on the withdrawal. If the other spouse is not present, the court will send them a written request to provide their statement. A spouse who disagrees with the withdrawal is not obliged to justify their disagreement.

However, the fact that the court will continue with the divorce proceedings is not a guarantee that it will actually grant the divorce. Section 23 (1) of Act No. 36/2005 Coll. the Family Act explicitly states that: “The court may divorce a marriage upon the petition of either spouse if the relations between the spouses are so seriously disrupted and permanently broken down that the marriage cannot fulfill its purpose and the restoration of marital cohabitation cannot be expected from the spouses.”

Furthermore, according to Section 23 (2) of the Family Act: “The court determines the causes that led to the serious breakdown of relations between the spouses, and takes them into account when deciding on the divorce. When deciding on a divorce, the court shall always take into account the best interests of minor children.“

When assessing the degree of the breakdown of the marriage, the court naturally considers breaches of marital duties, such as the duty to live together, be faithful to each other, mutually respect each other’s dignity, help each other, jointly care for the children, and create a healthy family environment.

Refund of the court fee upon withdrawal

If a petition for divorce is withdrawn, the paid court fee is returned to the petitioner:

• Full refund: If the withdrawal is executed before the first hearing takes place.

• Half refund: If the petitioner withdraws the petition after the first hearing has already occurred, only half of the court fee is returned.