Divorce lawsuit

A divorce lawsuit ends a marriage by judicial decision. The Civil Code lists specific grounds, including adultery, attempt on life and grave insult, criminal or dishonourable life, desertion and mental illness, alongside the general ground of irretrievable breakdown of the marital union.

The action is filed with the family court of either spouse's residence or of the place where the spouses last lived together for six months. Depending on the parties' agreement, the process runs as uncontested or contested. During the proceedings the judge orders interim measures of their own motion, covering interim maintenance, allocation of the home and the children's situation.

The divorce judgment also resolves custody, maintenance and damages, whereas liquidation of the property regime is as a rule the subject of a separate action. Finality of the divorce also matters as the starting point of periods such as the woman's statutory waiting period and the limitation period for property claims.