Petition for Divorce

The only way to dissolve a marriage during the lifetime of both spouses is through divorce. The court may grant a divorce only upon the petition of one of the spouses. In divorce proceedings, the court primarily examines the extent to which the relationship between the spouses is seriously disrupted and irretrievably broken, and whether the marriage can no longer fulfill its purpose and it is no longer reasonable to expect the spouses to resume marital cohabitation.

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The petition for divorce must be filed with the district court in whose jurisdiction the spouses had their last joint residence. The petition must be submitted to the court in three copies: one for the court, one for the respondent, and, in the case of a divorce involving minor children, one for the guardian ad litem.The petition must include the name, surname, date of birth, residence, and citizenship of both parties to the proceedings.

It is essential to describe in the petition all relevant facts that indicate that the marriage is irretrievably broken and that marital cohabitation cannot be restored. The petition must also identify the evidence upon which the petitioner relies. Finally, the petition must specify the relief sought by the petitioner, formulating the so-called petit of the petition.

Finally, the petition for divorce must be personally signed and dated. A photocopy of the marriage certificate, photocopies of the children’s birth certificates, and proof of the spouses’ last joint residence must be attached to the petition. The marriage is dissolved on the date the court’s divorce decree becomes final and binding.

Read also: What must a petition for divorce contain?

The court fee for filing a petition for divorce is 100 €. If the petition is submitted electronically, the fee is reduced by half, i.e., 50 €.

Pursuant to the law, proceedings for divorce are also connected with proceedings for the regulation of the spouses’ rights and responsibilities towards their minor children for the period after the divorce. By the judgment dissolving the marriage of the parents of a minor child, the court will also determine the exercise of their parental rights and duties toward the minor child after the divorce, if the parents have not reached an agreement on the arrangement of contact with the minor. The court will decide to whom the minor child will be entrusted for personal care, and who will represent the child and manage the child’s property. The parent who is not granted personal custody of the minor child will be ordered to contribute to the child’s maintenance, including the amount, the method of payment, or the court may approve the parents’ agreement regarding the amount of alimony. The court will also regulate the parent’s contact with the child and may restrict or prohibit such contact if there are grounds for doing so. If the parents reach an agreement concerning their parental rights and responsibilities toward the minor child, such an agreement must be approved by the court, otherwise it is unenforceable.

Further information regarding the petition for divorce can be found in our article.

On 1 June 2010, an amendment to the Family Act came into effect, introducing a new legal institute into the Slovak legal system – so-called alternating personal custody. Alternating custody means that the minor child is entrusted alternately to one parent and then to the other for precisely defined and recurring periods of time. At the same time, the court specifies the rights and obligations of the parents that apply during these respective periods.