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Divorce
I wish to become divorced, how should I proceed?
How you should proceed with a separation basically depends on whether you and your spouse agree on the point of separation itself or not.
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Both parties agree upon the divorce of their marriage ?
YES
Out-of-court separation agreement
NO
Are you married?
YES
(judicial) marriage protection proceedings
NO
Do you have children together?
YES
NO
Care and maintenance regulation by KESB
Even if you agree in principle that you will live separately in the future, the following question is of great importance from a practical point of view for the further procedure:
Can we agree or find an arrangement as to who may continue to stay in the shared flat and who must move out of the shared flat within a reasonable period of time?
YES
Out-of-court separation agreement
NO
(Judicial) marriage protection proceedings
Because if this question cannot be clarified among each other and one spouse is dependent on remaining in the marital home with the children, it is of no use to you that you are in agreement that you want to live separately. Rather, it is also necessary that it is clear who will leave the marital home and as of when this will be possible. If you cannot agree on this, you need an authoritative decision by the matrimonial court.
Marriage protection proceedings
Marriage protection proceedings (= judicial separation proceedings) are necessary if you cannot resolve the conflict yourself or with the help of a specialist person/agency and it is unlikely that an agreement can be reached on the individual points of regulation of the separation.
In this case, you can file an application for matrimonial protection measures at the competent court.
Where: District court at your place of residence (for Canton Zurich: Link)
When: If no agreement is possible in the marital conflict and you need a settlement in everyday life so that you can continue to function.
How: In principle, the application must be made in writing. The easiest way to do this is to use the form provided for this purpose: Link
Who: Since each spouse can apply for matrimonial protection without the consent of the other, you can independently file your application with the court.
Do I need a lawyer for this?
In principle, you do not need legal representation for matrimonial protection. However, if your financial situation is complex, it may be advisable to at least seek legal advice. If your spouse is represented by a lawyer, you should also look for or hire a lawyer. It is recommended that you contact a family law specialist with your concerns. He/she has undergone further training specifically in this area and has many years of practical experience. You can find a suitable lawyer here: Link
How long does it take for you to be summoned: This can take different amounts of time depending on how busy the court is, but as a guideline you can expect to be summoned within six weeks.
Costs:
from Fr. 600 court costs and possible lawyer's fees.