How does a divorce procedure work?
Divorce petition
The procedure begins with a divorce petition that must be filed with the court by a lawyer. The other party then has six weeks to respond to the petition of the applicant by means of a statement of defense. For this, a further four-week extension can be obtained, so in total there is a defense period of ten weeks.
In the petition, the petitioner requests that the divorce be pronounced. In addition, other subjects may be raised. These are called subsidiary petitions. For example, a request may be made for the determination of child and spousal support, the division of joint property, the settlement in accordance with the marriage contract and a regulation on pensions.
Parenting plan
A divorce petition must contain a parenting plan if there are minor children. The parents must make agreements about the care arrangements, child support, the way in which they make important decisions about the children and they must inform the children about these agreements. If the parents have not been able to make agreements about the children and have not signed the parenting plan, the judge can adjourn the case.
Oral hearing
After the request and statement of defence, an oral hearing follows at the court and the parties, assisted by their lawyers, can have their say before the judge, after which the court makes a ruling. In practice, it often happens that multiple oral hearings follow, that evidence is ordered or that further written documents are exchanged. If one of the parties does not agree with the ruling of the court, an appeal can be lodged with the court of appeal within three months. Finally, an appeal against the decision of the court of appeal can also be lodged with the Supreme Court. You should take into account that a procedure can take a long time.
Order measures
As long as the divorce proceedings are ongoing and the judge has not yet made a ruling, one of the parties can ask the court to take disciplinary measures. This is a procedure with a generally quick ruling. For this, a separate petition for the taking of so-called interim measures must be submitted to the court. For example, the court can determine interim child and spousal support and determine who of the two may remain in the house for the time being.
