Women's Law Center

FAQ

• What is the divorce procedure?

  Marriage may be terminated by divorce (dissolution), on the basis of the application of one or both spouses or of the guardian of the spouse who has been declared incapable. If the wife defends the divorce, the husband cannot ask for the termination of marriage during her pregnancy and within one year after childbirth if the child was born alive and is living.

  According to the law, the marriage can be terminated by the Civil Status Office or by judicial way.

• How is the domicile of minors established?

  The rights of parents cannot be exercised contrary to their child’s interest. Parents cannot cause damage to the child’s physical and mental health.

  Parents will not use any kind of abusive behaviour, insults, ill-treatment, discrimination or psychological or physical violence, corporal punishment, involvement in criminal activities, teaching to abuse alcoholic beverages, to use drugs or psychotropic substances, gamble, beg or engage in other illegal activities in bringing up their children.

  All problems regarding the child’s upbringing and training shall be solved by parents, by common consent, taking into account the child’s interests and wishes.

• How to request the child maintenance payment (alimony)?

  The parents are obliged to support their minor children and adult children who are unable to work and who need material aid.

  The method of maintenance payment shall be established by a contract concluded between the parents or between the parents and the adult child who is unable to work.

  If the parents did not conclude such a contract and do not support their children, the maintenance payment shall be collected by judicial way, at the request of one of the parents, of the child’s guardian or of the guardianship authority.

• How to get the forensic documentation of the injuries?

  If you have experienced acts of domestic violence, the documentation of the injuries you and/or your children have suffered is of particular relevance. You can get this documentation by way of forensic examination or expert review, which can be done at the territory medical examiner or other medical examiner of your choice.

  The forensic examination of the severity of injuries shall be carried out only on the basis of the written order issued by the criminal investigation officer, the prosecutor or on the basis of a court decision.