Do you want to divorce, but your partner is not cooperating? In Zoetermeer, you can file a unilateral petition for divorce. This means you can apply for the divorce without your partner's consent.
When do you choose a unilateral petition?
A unilateral application for divorce is an option if your partner refuses to cooperate or is unreachable. Even without their cooperation, the court in Zoetermeer can pronounce the divorce via the District Court of The Hague.
Step-by-step plan for unilateral divorce procedure
| Step | Description | Timeframe |
|---|---|---|
| 1 | Your lawyer files a petition with the court | Start of the procedure |
| 2 | The court sends a copy to your partner | Within 14 days |
| 3 | Your partner has the opportunity to respond with a statement of defence | 6 weeks |
| 4 | If necessary, a hearing takes place | Several weeks later |
| 5 | The judge issues a decision | 2-4 weeks after the hearing |
Your partner's response via statement of defence
Within a period of 6 weeks, your partner can file a statement of defence with the District Court of The Hague. In it, he or she can:
- Object to the divorce (usually without success)
- File their own requests regarding additional matters
- Respond to your proposals regarding children, maintenance, or division of property
Additional arrangements in divorce
In your petition, you can ask the judge to make decisions about:
- Parental authority and residence of the children
- Child and/or spousal maintenance
- Division of joint property or marital property regime
- Who may continue to live in the home
- Arrangement regarding pension division
Cost overview unilateral petition in 2024
| Type of costs | Amount |
|---|---|
| Court fees | € 314 |
| Lawyer's fees | € 1.500 - € 5.000 |
| Total estimate | € 1.800 - € 5.500 |
What happens if my partner does not respond?
If your partner does not respond to the petition, the judge in The Hague can grant proceedings in default. The procedure then continues without input from your partner, and the judge bases the judgment on your application.Can my partner stop the divorce?
No, in the Netherlands, a marriage cannot be maintained against the will of one partner. If you want to divorce, the judge will approve it. However, your partner can influence matters such as maintenance or contact arrangements.What is the duration of a unilateral divorce?
On average, a unilateral divorce in Zoetermeer takes 4 to 6 months. In cases of disputes over additional arrangements or a required hearing, this may take longer.Frequently asked questions about unilateral divorce in Zoetermeer
What to do if my partner does not want to divorce?
You can file a unilateral petition via a lawyer with the District Court of The Hague. The judge can approve the divorce without your partner's consent. Ensure you have documents such as the marriage certificate and proof of relationship issues ready. Contact a family law lawyer or the Juridisch Loket Zoetermeer for assistance. The procedure usually takes 4-6 months and costs €1,800-€5,500.
Can my partner block the divorce?
No, a partner cannot block the divorce themselves. In the Netherlands, the will of one party is sufficient for a divorce. However, your partner can object to matters such as maintenance or asset division, which may delay the procedure.
What if my partner does not respond to the petition?
If there is no response within 6 weeks, the judge can grant proceedings in default. The case then proceeds without your partner, and the decision is based on your petition. This can expedite the procedure.
What are the costs and who bears them?
The costs include court fees (€314) and lawyer's fees (€1,500-€5,000). You pay these initially yourself. The judge may later decide that your partner must contribute a portion, for example, in case of unreasonable conduct. Consult your lawyer about possible additional costs or subsidies.
Can I arrange maintenance or contact in the same petition?
Yes, you can include matters such as maintenance, parental authority, residence arrangements, and pension division directly in your application. This avoids additional procedures. Your lawyer assists in drafting this, and the judge makes the final decision.