As a general principle, either spouse may submit a divorce claim to the court, even if the other spouse does not agree with this intention.
Conditions
Marriage is an institution based on free will of both partners, on mutual emotional attachment, mutual respect, understanding, trust and mutual help. Any spouse may request a divorce as soon as these elements are no longer mutually given and therefore marriage is no longer sustainable. Meaning, in Slovenia you may divorce for any reason.
The spouses can also file for divorce in mutual agreement.
Application to the court
In your application to the civil court (department of family justice), you should:
- propose a specific claim to be decided by the court – what do you want the court to decide
- explain the facts and circumstances which are important for the court to decide your request. These facts and circumstances include: your proposal for the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property
- add all relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Contentious Civil Procedure Act.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will dissolve your marriage and decide upon all the elements related to your marriage such as:
- custody of your child/children
- the exercise of right of access to a child
- child maintenance
- division of joint property
- (if relevant) who stays or becomes a tenant of the apartment in which you live
- (if relevant) the subsistence of a spouse who has no means of subsistence and is not employed through no fault of his/her own
Right to maintenance
A dependent spouse who has no means of subsistence and is not employed through no fault of his/her own may claim maintenance from the other spouse in divorce proceedings.
Maintenance may also be requested later on, but within one year of the legally confirmed divorce.
Housing protection upon divorce
Upon divorce, each of the spouses may request from the other spouse to continue using the apartment in which they live or have lived together, or part of this apartment. The court decides on the transfer of the apartment to the spouse if the interests of the children so require. Housing needs of the spouses and their legitimate interests are also taken into account.
In case you are a victim of domestic violence, you have special rights in the divorce proceedings. Learn more about your rights in the Domestic Violence Prevention Act.