Can I get a divorce if my spouse disagrees?
Yes, but a court grants the divorce, and the spouse's consent isn't required. A divorce is decided by the regional court, to which you file a petition. The condition is a complete and permanent breakdown of marriage (the end of emotional, physical and economic bonds). The other spouse's consent is not required, but lack of consent and disputes lengthen the case. The court rules on fault in the breakdown — unless both spouses file a joint motion for divorce without ruling on fault. Where there are minor children, the court also decides on parental authority, contact and maintenance, and in some situations may find that the children's welfare opposes divorce. There's no divorce "at the registry office" — only before a court. Separation is an alternative.
📋 The rules
- Divorce granted by the regional court on a petition
- Condition: complete and permanent breakdown of marriage
- Spouse's consent not required (but affects timing)
- Court rules on fault or — on a joint motion — doesn't
- With children: court decides authority, contact, maintenance
🔓 Exceptions
- The minor children's welfare opposes divorce: the court may refuse it
- Joint motion of both: divorce without ruling on fault, faster
- Separation: an alternative where the breakdown isn't yet permanent
⚠️ Penalties & fines
A divorce with a ruling on fault can have property and maintenance effects: a solely guilty spouse may be obliged to pay maintenance to the other if the divorce worsens their situation. Disputes over fault, children and property lengthen and raise the cost of the case. The court won't grant a divorce if the welfare of the common minor children would suffer or it would breach the principles of community life. To go through divorce more smoothly: consider a joint motion without ruling on fault, prepare an agreement on custody, contact and maintenance, gather evidence and documents (marriage certificate, children's birth certificates), and in difficult cases use mediation or a lawyer.
📎 Official sources
❓ Frequently asked
Can I divorce without my spouse's consent?
Yes. The other spouse's consent isn't a condition for divorce — the court decides on the basis of a complete and permanent breakdown of marriage. Lack of consent and disputes can, however, lengthen the case, especially over fault, custody of children or division of property.
Must the court rule on fault?
As a rule yes, but if both spouses file a joint motion for divorce without ruling on fault, the court refrains from establishing who caused the breakdown. Such a divorce is usually faster and less conflictual. You can also seek a ruling on one spouse's fault.
Where do I file a divorce petition?
At the regional court for the spouses' last common place of residence, if one of them still lives there. A divorce can't be obtained at the registry office — it's granted only by a court after conducting proceedings and a hearing.
What about children in a divorce?
Where the spouses have common minor children, the divorce judgment also decides on parental authority, contact with the child and maintenance. If the children's welfare would oppose divorce, the court may refuse it. A prior agreement between the parents helps.
Can I claim maintenance from my ex-spouse after divorce?
In certain situations yes. A spouse not solely guilty can claim maintenance when in need. If the divorce was granted through one spouse's sole fault, the other can claim maintenance even where the divorce significantly worsens their material situation.
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