For a divorce to occur in legal proceedings, one party must demonstrate that there has been a permanent and complete breakdown of marital relations. This means that all ties between the spouses—emotional, physical, and economic—have been severed. It must be shown that a return to physical coexistence, the rebuilding of material relationships, and the reconnection of emotional bonds are impossible. To establish the factual situation, the court conducts evidentiary proceedings aimed at determining the causes of the breakdown of marital relations. In this situation, a lawyer can help the party prepare appropriate arguments and evidence for the case. The above allows for the expedited resolution of the divorce case and saves the party from unpleasant emotions associated with court visits.
Is a quick divorce possible?
The law provides for the possibility of dissolving a marriage by mutual agreement, which means the mutual consent of the spouses – an agreement on important aspects, including the continued upbringing of children. In the case of a no-fault divorce, there are high chances that the court will issue a divorce decree as early as the first hearing. If the partners jointly seek such a decision and have resolved key issues among themselves, such as the division of child custody and shared assets, there is a likelihood that the formal process of ending the relationship will proceed quickly.
When one party wishes for the divorce case to proceed without assigning blame, and the other party does not agree, the court must determine who is at fault for the breakdown of the marriage.
Additionally, during a divorce, the court decides on the following issues:
- Parental authority over their common minor child – the court may entrust it to one parent, limiting the parental authority of the other, or leave it to both parents upon their mutual request. The court may also rule on the deprivation or suspension of parental authority.
- Child visitation arrangements.
- Alimony – concerning the child or spouse.
- Division of common property, provided that it does not cause undue delay in the divorce proceedings, i.e., when the parties agree on the composition and method of property division.
- The use of the shared residence – if the spouses continue to live under the same roof.
The court grants divorce:
- Fault of one spouse.
- Fault of both spouses.
- No-fault – if the spouses jointly request it.