Divorce is one of life’s most challenging situations, not only emotionally, but often legally as well. It is a process that can be complicated, lengthy and costly. In this article, we will provide you with some basic information to help you better navigate the divorce process and avoid unnecessary problems.
1. When can I file for divorce?
Slovak law allows for divorce when the relations between the spouses are so disturbed that the marriage no longer fulfils its purpose and the cohabitation cannot be expected to be restored. A petition for divorce is filed with the competent court according to the last common domicile of the spouses or the domicile of one of them.
2. What documents will you need?
The divorce petition must be accompanied in particular by the marriage certificate, birth certificates of the children, income certificates and, where applicable, documents relating to the community property, such as extracts from the land registry or proof of joint debts and loans, as well as income.
3. How are the proceedings conducted?
The court deals with the causes of the breakdown of the marriage, the spouses’ relationship to the children, custody and maintenance options, without yet settling the community property, which happens afterwards. It is therefore advisable to have thought these issues through and to deal with them factually and calmly, ideally before the actual application to the court.
4. What if the spouses cannot agree?
If there is no agreement between the spouses, the whole process can be much more complicated and take considerably longer. In such cases, the court has to examine all the circumstances in detail, question witnesses and deal with every detail. It is therefore always preferable to find common ground and reach an agreement at least on key issues, such as in particular child custody and other rights and obligations in relation to the children that are related to the divorce.
5. What are common problems in divorce?
The most common complications are property disputes and confusion about child custody and maintenance. Emotions are also a big problem, often leading to hasty or ill-considered decisions that can complicate or prolong the process later on.
6. How to facilitate the divorce proceedings?
The best way to avoid unnecessary complications is open and honest communication and the ability to compromise. It is important to approach the situation pragmatically and to be aware of the consequences of individual decisions.
Although divorce is difficult, it does not have to be an exhausting and never-ending dispute if handled correctly. The key is a matter-of-fact approach, a calm resolution of the issues and an awareness of what is really important in the process.
