When your partner refuses to cooperate with a divorce, you can file a unilateral petition for divorce in Leiden. This allows you to apply for the divorce through the court without your partner's consent.
When do you opt for a unilateral petition?
A unilateral petition applies if your partner does not want to divorce or is unreachable. Even without cooperation, the judge in Leiden can pronounce the divorce.
Step-by-step plan for a unilateral petition
| Step | Description | Duration |
|---|---|---|
| 1 | Your lawyer files a petition with the court | Start of the procedure |
| 2 | 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 before the judge | Several weeks later |
| 5 | Judgment of the judge | 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, in which he/she:
- Can object to the divorce (usually without success)
- Can file own requests regarding additional matters
- Can respond to your proposals regarding children, maintenance or assets
Additional arrangements (ancillary provisions)
In your petition, you can ask the judge to make decisions about:
- Parental authority and residence of children
- Child and/or spousal maintenance
- Division of joint property or marital property regime
- Who may continue to reside in the home
- Pension division
Costs of a unilateral petition in Leiden
| Type of costs | Amount 2024 |
|---|---|
| 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 Leiden can grant default judgment. The case then proceeds 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 allow it. However, your partner can influence ancillary provisions such as maintenance.What is the duration of a unilateral divorce?
On average, a unilateral divorce in Leiden takes 4 to 6 months. In cases of disputes over ancillary provisions or a necessary hearing, this may take longer.Frequently asked questions about divorce in Leiden
What if my partner does not want to divorce?
You can file a unilateral petition through a lawyer with the District Court of The Hague, Leiden location. The judge can approve the divorce without consent. Ensure you have documents such as the marriage certificate and proof of breakdown of the relationship, and consult a family law lawyer. The costs range between €1,800 and €5,500, and the procedure usually takes 4-6 months.
Can my partner block the divorce?
No, in the Netherlands, a divorce cannot be blocked by one partner. However, your partner can discuss matters such as maintenance or assets, which may delay but not stop the procedure.
What if my partner does not respond to the petition?
If there is no response within 6 weeks, the judge can grant default judgment. The procedure continues without your partner, and the judgment follows based on your petition. This can speed up the process.
What do unilateral divorces cost and who pays?
The costs include court fees (€314) and lawyer's fees (€1,500-€5,000). You initially pay these yourself, but the judge may later decide that your partner must contribute a portion, especially in cases of unreasonable conduct. Consult your lawyer about 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 pensions directly in the petition. This avoids additional procedures. Your lawyer assists in drafting, and the judge makes the final decision, even if your partner responds.
Contact and support in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, Stationsweg 46. Procedures are handled by the District Court of The Hague, Leiden location.