A contested divorce is a divorce through the courts, where the spouses cannot agree or dispute the related questions — children, maintenance and property. The Civil Code precisely regulates how such cases are examined in court, what reconciliation mechanism exists and with what time limit, and which accompanying questions the court decides in one and the same case. This page explains these rules so that a spouse knows what to expect in court proceedings and how to build a position from the very first step.
Termination of Marriage and the Court Route
Under the Civil Code, marriage terminates through the death of one of the spouses, through the declaration of one of the spouses as deceased in the manner established by law, or through divorce. In a contested situation, divorce occurs only by a court decision, and it is along this route that the practical questions arise: how quickly the case will conclude, what will happen to the children and the property, and who will protect the interests of the weaker party.
Divorce cases are examined by the court under the action procedure established by the Civil Procedure Code. This means that one spouse files a claim, the other party responds, and the court decides on the basis of the evidence whether a ground for divorce exists. The procedure is adversarial in nature, which places a premium on the correct formulation of claims and on timely preparation of evidence.
The Reconciliation Mechanism and Its Limit
The court takes measures to reconcile the spouses: it has the right to postpone the examination of the case and to set the spouses a period for reconciliation, which must not exceed six months. This mechanism gives the court a tool to grant the family time to overcome the conflict. At the same time, the reconciliation period extends the process, and a plaintiff should take this into account when planning the timeline of the dispute.
A divorce takes place if the court establishes that the further cohabitation of the spouses and the preservation of the family are impossible, despite the measures taken for reconciliation. This formula is the essence of the claim: the party must prove that the family relationship cannot be restored, and the court reaches this conclusion only on the basis of the evidence presented.