PROCEEDINGS

The suit can be introduced as preferred to the Judge of the place of residence of the applying partner or of the other partner; the attempt of reconciliation is no more compulsory.
At present, three causes may justify a divorce:

  • joint application;
  • unilateral application after two years of separate living;
  • breaking of the conjugal tie

If there is no conflict and the partners agree upon any aspect of divorce and its accessory consequences (entrusting of children, parental authority, alimony, liquidation of the matrimonial regime, etc.), both partners may forward a joint application.

If the partners agree upon some topics, only, (e.g. upon divorce, entrusting of children but not upon alimony), there will be a divorce upon common application with partial agreement.

A third possibility exists, that of divorce upon unilateral application, i.e. when there is no common will to divorce.

Remark: For the purposes of practicality, the word “divorce” is used, but the proceedings also refer to marital separation, too.