Applying for a divorce in Rijswijk is done through the court with the assistance of a lawyer. This can be joint or unilateral and the procedure usually takes between 3 and 12 months.
Conditions for Divorce
For a divorce, the marriage must be irretrievably broken, meaning the relationship is irreparably damaged. It is not necessary to prove this ground.
Two Possible Procedures
| Procedure | Situation | Advantages |
|---|---|---|
| Joint Petition | Agreement between partners | Faster process, lower costs, one lawyer sufficient |
| Unilateral Petition | No agreement | Possible without the partner's consent |
Mandatory Assistance of a Lawyer
A lawyer is mandatory for a divorce. In a joint petition, one lawyer can represent both parties. In a unilateral petition, each party needs their own lawyer.
What Needs to be Arranged?
- Division of assets and debts
- Arrangements regarding pensions
- Establishment of spousal maintenance
- Child maintenance (if applicable)
- Parenting and contact arrangements (for children)
- Decision regarding the home
Duration and Costs of the Procedure
- Duration joint petition: 3-6 months
- Duration unilateral petition: 6-12 months or longer
- Lawyer fees: € 500-2000 (joint), € 2000-10.000+ (unilateral)
- Court fee: € 314 (2024 rate)
Frequently Asked Questions about Divorce in Rijswijk
Is a lawyer mandatory for a divorce?
Yes, a lawyer is legally required. In a joint petition, one lawyer can act for both parties.
When is my divorce official?
The divorce is final once the court's judgment has been entered in the civil registry. This must happen within six months.
Does my partner have to consent to the divorce?
No, a unilateral divorce is possible. The court can grant the divorce even without the other party's consent.
Contact and Assistance in Rijswijk
For legal support, you can go to the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague.