Divorce

Anyone who wants to divorce always has the right to do so. You do not need to provide any reasons for wanting a divorce. The process differs depending on whether the spouses agree to the divorce or not.

Anyone wishing to divorce can apply to the district court for a divorce. This includes both the dissolution of a marriage and the dissolution of a registered partnership.

If both spouses agrees

If both spouses agree to divorce, they can jointly apply to the district court for a divorce. In this case, the process is faster. If either spouse has children under the age of 16 living at home, a six-month reflection period is required before the divorce can be finalized. This reflection period aims to prevent premature divorce decisions and starts from the day the district court receives the joint divorce petition.

If one of the spouses do not agree

If only one spouse wants a divorce, he or she can file for a divorce petition with the district court. The spouse who does not want the divorce has the right to be heard. A six-month reflection period precedes the divorce, provided the spouses have not lived apart for the past two years. This period begins on the day the other party receives the divorce petition. After the reflection period has expired, either spouse may request that the divorce be finalized within 12 months. If this is not done, the district court will dismiss the case, and the marriage will continue.

If the spouses have lived apart for the last two years, the spouse seeking the divorce has the right to a direct divorce. A certificate of separation from someone familiar with the spouses’ relationship, signed by two adults, must be attached to confirm that the spouses have lived apart for the required time.

 When the divorce has been finalized

Upon divorce, the property is divided between the former spouses. The division of property must be based on the situation as it was on the day the district court received the divorce application. For more information on the division of property and the division process, click HERE.

Spouses with children need to resolve issues of custody, residence, and access. More information on these matters can be found HERE.

We can assist you

At Advantage law firm, we have extensive experience with all types of family law issues and disputes. Contact us for assistance with your case.

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