1. divorce petition
The lawsuit must include our conclusions, claims as to the causes of the breakdown of the marriage, possible demands for alimony, parental authority and contact with the children and their detailed justification.
2. position of the opposing party
In response to the lawsuit, a spouse may present his or her point of view regarding the breakdown of the marriage and request evidence, both regarding the reasons for the breakdown of the marriage and alimony, parental authority and contact with the children
3. dissertation
At the scheduled hearing, the court will rule on the merits of the evidence requests, any collateral requests, and order the evidentiary proceedings. Depending on the complexity of the case, it will conduct the necessary evidence at one or more hearings.
4. verdict
After taking evidence, the court will issue a judgment relating to the claims made by the parties in the statement of claim and the response to the statement of claim.
5 Possible appeal.
If the divorce judgment does not grant our demands, or we disagree with particular points of the judgment, we have the right to appeal to the court of second instance.
The initiation of divorce proceedings begins with the filing of a petition for divorce with the court. In the petition it is necessary to indicate all the facts that we make the basis of our demands and duly substantiate them. It is worth entrusting the drafting of this letter to a lawyer who, in addition to describing the facts presented, will also refer to legal issues, which is important especially if there is no agreement between the spouses, for example, on the amount of alimony for joint children.
Divorce proceedings shall be held before the district court with jurisdiction over the last common domicile of the spouses, if at least one of them still has a domicile or habitual residence in this district. In the absence of such grounds, only the court of the defendant's domicile has jurisdiction, and if there is no such ground either - the court of the plaintiff's domicile.
Once the lawsuit is filed with the court, a copy will be forwarded to the opposing party, along with an obligation to respond to the claims, allegations and motions contained therein. The court will also set a date for a hearing. At the first hearing, the court will most likely hear the parties for information and order further evidentiary proceedings if necessary. However, if the parties present unanimous positions as to all the necessary issues to be determined, the court will make an appropriate ruling after hearing from a witness who confirms that a divorce decree will not be contrary to the welfare of the parties' minor child.
If we demand an order for child support, contact arrangements, or alimony for our child, we can demand that the court properly secure our claim for the duration of the proceedings. To this end, a request for security should be made already in the statement of claim, making probable the existence of the claim (in the case of alimony) and also the legal interest in granting security (in the case of contacts).
In the application it is necessary to indicate the method of security, and in the case of alimony, also the amount of security, and substantiate the circumstances justifying the application. If the application is granted, the court will issue a security order, under which our demands should be implemented by the other party, during the proceedings. The order can be challenged if we consider, for example, that the amount the court has awarded to meet the needs of the family is too low, or if the obligated spouse disagrees with the decision. He also has the right to demand the annulment or amendment of the final decision by which the security was granted if he shows that the reason for the security has fallen away or changed. The order granting security remains in effect until the divorce decree becomes final.
If the divorce judgment does not satisfy our demands, or if we do not agree with its individual points, we have the right to appeal to the court of second instance. The judgment can be appealed in whole or in part, if, for example, we are not satisfied with the ruling on parental authority, frequency of contact with the child or that concerning alimony.
