Divorce/Separation

A divorce in most of the cases is associated with a long lasting and tough court procedure arising from marital conflict, that arouses negative emotions stoked up by mutual allegations and claims. It needs to be remembered that a divorce does not exclusively affect spouses. Children, family and friends are also involved in the divorce court procedure.

When is it possible to get a divorce?

It is possible to get a divorce exclusively in the case of complete and permanent disintegration of conjugal life.

What is adjudication within the framework of the divorce?

Adjudication of divorce, as pronounced on the grounds  of the comprehensive body of evidence and argumentation compiled in the course of the judiciary proceedings,  resolves and settles inter alia the following:

• the fault for disintegration of conjugal life – the court decides which of the spouses is to be blamed for disintegration of conjugal life (provided that there are grounds for a fault-based divorce). It may be renounced from if spouses mutually agree for a no-fault divorce.
• the parental authority  overa minor child of both spouses. The court may vest the parental authority in one of the parents, constraining the other parent’s parental authority to the extent of specific obligations and rights towards a child (for instance,the decision on the medical treatment, choice of school, etc.). The court may also vest the parental authority in both of the parents upon their mutually agreed consentand related petition if they have submitted a parenting agreement governing the parental authority and child-parent contacts after divorce.The court also may adjudicate parental authority deprivation or suspension.
• the parent-child contacts forthe parent whose parental authority has been constrained.
• the alimony payments – i.e.,the amount of child maintenance and education costs that must be incurred by each of the spouses.
• the home sharing after a divorce. The court may exceptionally waive the obligation to decide upon the home sharing when the spouses raise objection to it for justified reasons (especially when they have already agreed about the home sharing). When it comes to the situation when one of the spouses causes the impediment to the home sharing by means of blameworthy behaviour, the court may issue the eviction injunction upon a prior claim submitted by the other spouse. Furthermore, upon the mutually agreed petition submitted by both spouses, the court may divide the joint house or apartment or assign the same to one of the spouses if the other spouse agrees to leave the house or apartment without the claim for any substitute apartment.
• the division of joint property – it is, however, feasible only when it does not cause any overlengthiness of the divorce proceedings. The division of joint property normally does not cause any overlengthiness when the parties are not in litigation over the composition and division of the joint property or when the litigation may be resolved in a comparatively short time and in respect of a limited subject matter of litigation.

Separation (the so called separation of spouses in terms of bed and board) constitutes the procedure of termination of marriage.Contrary to a divorce, separation does not result in the formal dissolution of marriage.The separated spouses cannot re-enter into the matrimony. The separation of a husband and a wife results in separate estates. Furthermore, the obligation to participate in the common household, the obligation of faithfulness, and the obligation to collaborate for the family well-being purposes.

What is adjudication within the framework of the separation?

Adjudication of separation may be  pronounced by the court upon the petition filed by either of the spouses. The complete disintegration of conjugal life is the precondition for adjudication of separation. Adjudication of separation –alike the adjudication of divorce –  resolves and settles inter alia the following:

• the fault for disintegration of conjugal life – unless the court adjudicates on the grounds of the mutually agreed petition of the spouses.
• the parental authority  over a minor child of both spouses. The court may vest the parental authority in one of the parents, constraining the other parent’s parental authority to the extent of specific obligations and rights towards a child. The court may also vest the parental authority in both of the parents upon their mutually agreed consent and related petition. The court also may adjudicate parental authority deprivation or suspension.
• the parent-child contacts for the parent whose parental authority has been constrained.
• the alimony payments – i.e., the amount of child maintenance and education costs that must be incurred by each of the spouses.
• the home sharing after a divorce – the court may renounce from adjudicating the home sharing when the spouses raise objection to it for justified reasons. When it comes to the situation when one of the spouses causes the impediment to the home sharing by means of blameworthy behaviour, the court may issue the eviction injunction upon a prior claim submitted by the other spouse. Upon the mutually agreed petition submitted by both spouses, the court may divide the joint house or apartment or assign the same to one of the spouses if the other spouse agrees to leave the house or apartment without the claim for any substitute apartment.
• the division of joint property – as long as  it does not cause any overlengthiness of the proceedings.