Hi. I have a small question about our divorce procedure.
We are in the process of a "friendly" divorce. Everything agreed by both parties. No children, both work and no maintenance payment. Money and property already properly divided. In one word, no dispute.
The requested papers prepared by our common lawyer are sent to the court, and this week we receive a letter from court which invites us for a court hearing in two weeks.
My question is: it seems to me that we are almost done, only have to wait for the court day. Isn't it?
Another question: what will happen during the court hearing? The divorce will be officially finalized on the same day, or we still have to wait some days before the divorce is officially finalized and announced?
You will be given a court date to which you must both appear in person. The Judge then asks a couple of pro forma questions regarding the agreement. You will then each be asked in private i.e. one of you will have to leave the room, whether you want the divorce (consent) and if you are happy with the agreement signed and submitted. The judge basically has to ensure that no one party is being pressured into agreeing to something they don't want to etc...
The judge then "pronounces" you divorced. You will then be sent a written ruling, to which you have a time period during which you can withdraw your agreement to divorce and the fun and games begin again. However, if both parties do nothing, after the time period has lapsed your divorced.
By the way, in our case it is not a divorce of marriage, it is a dissolution of registered partnership. However I guess the procedure of court hearing is the same as you described...
The time period is two weeks. Also, it's not always the case that the judge questions you in private. In my case we were both in the court room together. But lawerly is right; the judge explicitly asks each person if they want a divorce. And even if all the financial details have been agreed ahead of time, the judge most likely will still ask some questions of each party to confirm that neither party will suffer undue financial hardship as a result of the divorce.
Just a question out of curiosity. The procedure can vary from canton to canton?
Our divorce is filed in Valais, and everything is proceeding as it should be (with regard to court hearing).
A lawyer in Bern told me that, in Bern, if the case of divorce is very simple, sometimes the judge may announce the divorce directly even without the court hearing with the two parties in person. Is that possible?
In theory, the procedure should be the same in every canton as there is now a federal civil procedure law (since 2010). Previously, each canton had its own procedural law. However, there are some strong variations in how the federal procedural law is applied... I suspect it will take another 5 - 10 years before it becomes more uniformly applied...
We had to pay separately, and we also had to bring the proof of payment for the court meeting (basically, we had to pay at the post office so that the bank invoice had the post stamp proving we had paid it). It was specifically requested in the court convocation.
Here in Canton Zurich - after the divorce hearing before the judge - the original agreement signed and stamped by the judge arrived by registered mail. After signing for the letter at the PO, the time for any objections was 10 days, from signing for that registered letter.
A friend of mine went thru this - sat waiting for some sort of "official" document - and eventually phoned the court to ask when is the divorce final? .... "Oh it is already final, the date you were in court" was the reply.
We went to court on 29 Sept. The session lasted 15 min. The judge first asked my ex to leave to room and ask me if I agree with the divorce and everything that we signed. I said yes. Then I leave the room and my ex was questioned. Finally we were both in the room and the judge asked the question again and then the session finished.
And then I received a mail (plain letter, not registered!) from the lawyer one week after the court, enclosed also with the decision of the judge that we are divorced. The lawyer said that we will have to wait 10 days until 10 September. If after that no one issues an objection then the divorce is final. After 10 September the court will take care of the official change of etat civil (e.g. write to the related authorities...), and I should get another paper when this is done.
Now it's 13 Sept, 3 days passed the deadline of objection, and I have no other news. So I suppose there is no objection, and we are already officially divorced.
I have a question though. Will I later receive some other papers as the final official document of divorce? Or the decision of the judge will serve for this purpose?
Some new summarize of procedure after the court hearing on 29 August, for those interested in the final steps of divorce.
In our case we are both presented by the same lawyer. The judge makes the decision very quickly after the court hearing, as our case is very simple. Then the judge send the decision to the lawyer by recommandé. From the moment the lawyer receives the decision (not the moment when we see the judgement), the countdown of appeal starts (10 days in Valais). Then the laywer foward the decision to both of us. As it it takes a few days, when I got the decision forwarded to me by the lawyer, there is only 5 or 6 days left until the appeal deadline which is 10 Sept.
Then at the beginning of 11 Sept there is no appeal, at this moment the decision of judge becomes "executoire", meaning that the divorce is legally confirmed and irreversible. But there is still a final step. The judge will take care and write to relevant government departments to change the etat civil. Once this is done, the judge will write a final letter which is a certificate of divorce. This final paper, which will be sent to the lawyer and then forwarded to us, is the final legal document to prove that we are divorced. For example now I am just waiting for this paper to remarry soon after. The lawyer already receive this final certificate on 19 Sep, and will forward it to me next week.
Last remind: our case is not a divorce of a marriage, but a dissolution of registered partnership. But I guess many procedure-wise stuffs are same or similar.