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Divorce is not only an emotionally difficult but also a legally ambiguous process. Many people do not know where to turn, how long it takes and what to do with property and children. In this material we briefly explain the essentials. For more detail on the procedure, see the service page Dissolution of marriage.
This material is for information only and does not replace a consultation. Every family situation is unique.
Through the civil registry (DRATsS). This is possible if the spouses have no shared minor children and both agree to divorce. The procedure is simpler and faster: a joint application is filed, and after the set period the marriage is dissolved.
Through the court. If there are minor children or one spouse does not agree or evades, the divorce is arranged through the courts. The court may give the parties a period for reconciliation and only then issue a decision.
The presence of shared minor children moves the divorce into the court sphere. At the same time, the dissolution of marriage itself and the questions about children are different things. The child’s place of residence, the other parent’s involvement in upbringing and child support are decided separately, by agreement or through court. This is worth taking care of in parallel with the divorce.
A common mistake is to think that divorce automatically divides property. In reality, the dissolution of marriage and the division of joint property are separate matters. Property acquired during the marriage is, as a general rule, the joint property of the spouses and is divided separately, by agreement or through court. So after (or during) the divorce it is worth resolving the property question separately.
The timing depends on the route. Divorce through the civil registry is usually faster. In court, the length depends on whether there is a dispute, whether a period for reconciliation is granted, and whether the questions of children and property are resolved at the same time. A prepared position and a complete package of documents speed up the process.
Can you divorce without court?
Yes, through the civil registry, if there are no shared minor children and both agree. Otherwise, through the court.
Is property divided automatically on divorce?
No. Division of property is a separate matter, resolved by agreement or through court.
What about child support and children?
These questions are resolved separately: by agreement or through court, in parallel with the divorce or after it.
How long does a divorce take?
It depends on the route and whether there are disputes. Through the civil registry it is faster; in court, depending on the circumstances.
Can you divorce if the other spouse is against it?
Yes, through the courts. One spouse’s unwillingness does not prevent the dissolution of the marriage.
Lexon lawyers handle divorce, division of property and questions about children, delicately and in the client’s interests. We are in touch around the clock. Leave a request or call us.
Author: Ilona Melnychuk, attorney In Brief You can dissolve a marriage through the registry office (DRATS, the body for the state registration of civil status
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