It may not be the intention when you get married, but unfortunately many weddings end in divorce. Expressing your desire for divorce to each other is step one, but how do you make it official? And what is involved in divorce proceedings? This article explains divorces.
Contents
- Submit petition
- You can object within 6 weeks
- How to deal with minor children?
- Officially divorced
Submit petition
A divorce is requested with a petition. There is a big difference between a common and a unilateral petition.
Joint petition
With a joint petition you separate by mutual agreement. With a joint petition, you actually apply for a divorce jointly. The agreements and conditions under which the divorce will take place have already been made and recorded jointly. Because it was done in good consultation, the divorce can be arranged in a few months.
Unilateral petition
In a unilateral petition, the choice to divorce was made by yourself or your partner, and it was not possible to make agreements together. In that case, you must engage a lawyer to have a unilateral petition drawn up and submitted to the court. The other party will receive a copy of the unilateral petition within 14 days, after which the other party can possibly object. The disadvantage of a one-sided petition is that there is no proper consultation, which means that the divorce procedure can take a very long time.
Ancillary facilities
Agreements on, for example, alimony, minor children and the division of household effects can be requested in the petition. These are called ancillary facilities. If the parties agree, the judge will make a decision on the ancillary measures simultaneously with the decision on the divorce. If the parties do not agree, a separate hearing will follow.
You can object within 6 weeks
Objections to a unilateral petition or to additional measures can be made within six weeks of receiving the petition. This is then done by the lawyer at the court.
How to deal with minor children?
Divorce is of course a painful matter for all parties. A divorce can be particularly hard on children. If minor children are involved in a divorce, a parenting plan must be drawn up. A parenting plan contains agreements regarding the children. Consider how the upbringing of the children will be arranged and what the visitation arrangements will be. It also includes matters such as who will bear the costs such as child support, etc.
Officially divorced
You are officially divorced when the judge’s decision has been recorded in the registers of the Civil Registry. Make sure that the judge’s ruling has been processed within 6 months in the municipality where the wedding once took place, otherwise the marriage will not be dissolved. An appeal against the judge’s decision can be lodged with the Supreme Court or the Court of Appeal within three months.