Although issues related to family matters often concern very similar issues, which are inseparable for the parties, different modes of proceedings concern them before the court. In some cases a court may hear several cases in one proceeding, but sometimes separate cases are required which may even be pending before other courts.
Below is an overview of the most important family matters mode:
Divorce
The divorce petition should be submitted to the district court where the spouses last lived together, if at least one of them still lives or usually resides in that district.
Divorce is resolved in procedural proceedings. When adjudicating a divorce, the court also adjudicates on parental authority over the common child of both spouses and on the parents’ contacts with the child, in what amount each spouse is obliged to bear the costs of maintaining the child and on the use of the shared apartment for the period when both spouses will be in to live there after divorce. As a result of the court issuing a judgment stating the divorce, the marriage ceases to exist and the joint property ceases between the existing spouses.
Establishing paternity
A petition to establish paternity is brought to a district court, it may be a district court competent for the domicile of the entitled person and a district court competent for the defendant’s domicile. The case is pending in the procedural mode.
Along with the recognition of paternity by the court, a parental relationship arises by operation of law. In a situation where the court decides that granting full parental responsibility will be contrary to the best interests of the child, it may limit parental authority or even deprive it of this authority.
Property issues are also related to the establishment of paternity. A paternity claim may be linked to a maintenance claim from the child’s father. It is also permissible for the child’s mother to claim reimbursement of part of the costs related to the period of pregnancy and childbirth.
Establishing alimony
An application for the establishment of maintenance is submitted to the district court. It is governed by procedural rules.
In addition, the maintenance claim may be pursued in divorce or separation proceedings pending before a regional court, as well as in paternity proceedings – before a district court.
During the divorce trial, a separate maintenance case may not be initiated between the spouses or between them and their joint minor children as to benefits for the period from the filing of an action for divorce or separation. On the other hand, if such a case was initiated before an action for divorce or separation was brought, the proceedings are suspended upon filing an action for divorce or separation as regards benefits for the period from the filing thereof.
Parental authority and contacts
Proceedings for deprivation of parental authority and contact proceedings (these are separate issues, although they may be resolved in one proceeding) are pending before the district court, which operates on the basis of the provisions of the Code of Civil Procedure in non-contentious proceedings. The same rules of procedure apply to proceedings for the reinstatement of parental responsibility. Issues related to parental responsibility may also be adjudicated in the case of divorce and separation and in paternity proceedings.
As in the case of alimony – when a divorce case is pending, a separate case for parental authority or contacts cannot be initiated. Proceedings initiated earlier are suspended.
Division of joint property
Spouses who have had a divorce or legal separation may request the division of their joint property. The application for the division of property is submitted to the district court.
This application may also be filed during the divorce proceedings. It is then submitted to the district court competent to adjudicate on the divorce.
If the division of the property does not result in undue delay in the proceedings, the court will divide the property in the divorce decree. If he fails to do so, after the divorce has been pronounced, the spouse may apply for the division of the property to the district court.