Two ways
Through the civil registry office (FHDYo) — under article 42 of the Family Code, when the spouses agree with each other and have no common minor children.
Through the court — when they have common minor children, when one side does not agree, or when there is a dispute about property.
A registry office divorce at the request of one spouse
Under article 43 of the Family Code, the marriage is dissolved in the civil registry office at the request of one spouse, whether or not there are common minor children, if the court declared the other spouse missing, if the court recognised the other spouse as legally incapable because of a mental disorder, or if the other spouse got a prison sentence of at least three years for a crime. If there is a dispute about the children, about the division of the common property or about the maintenance of a spouse, the marriage is dissolved in court.
What the court decides
- Who the child lives with.
- The amount of the alimony and how it is paid.
- The division of the common property.
Practical advice
Under article 40 of the Family Code, the court can set the spouses a period of up to six months for reconciliation. At the request of a person who suffered domestic violence, the court does not set such a period. State your property demands together with the divorce claim: a separate claim later takes extra time.