Divorce: Everything About the Process, Legal Steps, and Advice

General Information About Divorce

Divorce is a procedure that falls under civil law, requiring the engagement of an attorney. This procedure can be initiated through a joint petition or a unilateral petition. In the case of a joint petition, you and your (ex-)partner submit a single petition to the court together. This can often make the process smoother and faster. In a unilateral petition for divorce, one partner requests the court to dissolve the marriage without the other’s consent. This can result in a more complex and prolonged procedure. The duration of the divorce process depends on various factors, such as the complexity of the case and whether minor children are involved.

When the divorce is final, the registration of the divorce must take place in the civil registry. This is the final step to make your divorce official.

When is divorce the best option?

Filing for a divorce can be a difficult decision. An attorney serves as a representative and advisor during the divorce process, which is essential for drafting and submitting the petition to the court. Whether it involves ongoing conflicts, differing future expectations, or other issues, it is important to understand the consequences of a divorce. At Simmelink Advocaten, we offer guidance to help determine if a divorce is the right step for you and your family.

Legal Aspects of Divorce

A divorce has not only emotional but also significant legal consequences. You will face important decisions, such as:

• Distribution of assets and liabilities
• Alimony for partners and children
• Custody and visitation arrangements for minor children

In the event of conflicts, it is essential that each partner has their own attorney to represent their interests.

Our experienced attorneys ensure that you are well-informed about your rights and obligations, enabling you to make wise choices for the future.

Different Forms of Divorce and Registered Partnership

There are several ways to arrange a divorce, depending on the circumstances:

• Joint Petition
  Both partners agree on the terms of the divorce and jointly file a common petition for divorce with the court.
• Unilateral petition
  One of the partners wishes to divorce without the consent of the other. This can lead to a more complex legal procedure.
• Divorce with minor children
  This involves additional considerations such as a parenting plan and child and spousal support.

Would you like to learn more about the different procedures? Then read our comprehensive page on the divorce process.

How does one apply for a divorce?

The divorce process involves several fixed steps, including drafting a petition and registering the divorce in the civil registry. This registration is necessary to finalize the divorce. You can find more information about this on our page about the divorce process.

Unforeseen facilities

In a divorce, ancillary provisions and temporary arrangements can play a significant role. Ancillary provisions are agreements directly related to the divorce, such as the child custody arrangements and the division of household goods. Temporary arrangements are intended for the duration of the divorce proceedings and may concern matters such as who remains in the home and with whom the children reside. These agreements can be made mutually, often with the assistance of a mediator. If it is not possible to reach an agreement together, the court can make temporary decisions in the form of a provisional measure. This provides a temporary solution until the divorce is finalized.

Objecting to a divorce

If you disagree with a divorce petition, you have the option to file an objection. This may be the case if you disagree with the terms of the divorce or if you believe the divorce is not lawful. To file an objection, you must submit a defense statement to the court. This must be done within a timeframe specified by the court.

In your statement of defense, you must clearly indicate why you disagree with the divorce and what you wish to achieve. It is advisable to engage a lawyer who can assist you in drafting your statement of defense and represent you during the court hearing.

When you object to a divorce, the court will consider your objection. The judge will then decide whether your objection is valid and whether the divorce can still be granted. This process can be complex, so it is important to be well-informed and prepared.

Divorce abroad or with international aspects

In international divorces, multiple legal systems and regulations often come into play. If you are dealing with an international divorce, we offer specialized advice to ensure everything proceeds smoothly according to the laws of both countries. Learn more about international family law and how we can assist you.

Emotional Impact of a Divorce

In addition to the legal aspects, a divorce often has a significant emotional impact on all parties involved. It is important to also consider the personal consequences and the support you can receive, both legally and emotionally. Our team of experienced attorneys not only guides you through the legal steps but also provides personal support to ensure that you emerge stronger from the process.

Divorce and Your Finances

A divorce can have significant implications for your finances. You must consider the division of your assets and debts, which can often be a complex process. Additionally, arrangements must be made regarding alimony, both for the partner and the children. It is essential to seek assistance from a lawyer or a financial advisor in this matter. They can help you organize your finances and make the best arrangements for your specific situation. By making sound agreements, you can ensure that your financial future after the divorce is as stable as possible.

Divorce and Your Home

In a divorce, it is important to consider the future of your home. Who will remain living in the home and who must leave? These are crucial questions that need to be answered.

If you jointly own a property, it is possible to make arrangements together regarding who may retain the property. A mediator can assist in reaching a fair and workable solution. If you are unable to come to an agreement, the court can make a decision. The court will then assess who has the greatest need for the property and who may retain it.

Additionally, it is important to consider the mortgage and other financial obligations you have. You must make arrangements regarding who will pay the mortgage and who will be responsible for other financial obligations. This can be a complex process, so it is advisable to seek assistance from a financial advisor or attorney.

When the divorce is finalized, you must also have your property removed from the marital property register of the civil registry. This must be done within a specific timeframe, as determined by the civil registry. By following these steps, you ensure that your property and financial obligations are properly managed after the divorce.

Assistance with your divorce

At Simmelink Advocaten, we understand that every divorce is unique. Therefore, we offer tailored solutions and provide advice specifically tailored to your situation. Whether you are seeking advice on asset division, alimony, or a care arrangement for your children, we assist you with the appropriate legal steps.