Every second marriage ends with a divorce petition being filed with the court. Courts in the Czech Republic deal with an average of 25,000 divorces every year. The process is often emotionally, time and financially demanding. It is therefore in our best interest for it to go smoothly and without unnecessary stress.
Do you know what a divorce petition must contain? Which court do you file it with, and which divorce documents do you attach to it? In this article we also look at how much a divorce costs and how arrangements for minor children are handled.
How to file for divorce
If we want to end a marriage, we must file a divorce petition with the court. We file the petition in writing with the district court (okresní soud or obvodní soud) in the place of our last shared residence (if at least one of the spouses still lives in the same district). The petition is filed either by one of the spouses alone or, if they agree, jointly by both. The filing fee is 2,000 CZK (about 92 USD), which we pay to the court’s bank account or by attaching a duty stamp to the petition. If we do not pay this court fee, the court will ask us to pay it within 3 days.
What must a divorce petition contain?
We can have the divorce petition drawn up by a lawyer, or we can write it ourselves. It is not complicated. We just need to include a few basic points that every divorce petition must contain. For example, we can find several templates online showing how to write a divorce petition.
First of all, the details of the people the divorce concerns: name, date of birth, birth number (rodné číslo) and permanent address (or a correspondence address). Then the details of the court (name and address) and what the proceedings concern, which is the dissolution of a marriage.
After the heading comes the main text. Here we state the place and date of the wedding, which marriage this is for us (first, second and so on), whether any children were born during the marriage and whether they are already adults (names and dates of birth). We also give our last shared address. If we agree on the divorce and both spouses consent to it, it is enough to state briefly that we no longer get along and want to divorce. The Civil Code (občanský zákoník) clearly states that a marriage can be dissolved if the spouses’ life together has broken down permanently and irretrievably.
If the divorce petition is one-sided and we know that our spouse does not agree with it, we must describe in as much detail as possible what is leading us to divorce. We can also propose evidence, such as photographs, witnesses, documents and other items.
Finally, we sign the petition, add the date and attach officially certified copies of important documents, such as the marriage certificate, the draft agreement on community property (společné jmění manželů, SJM), the children’s birth certificates and so on. If both parties have agreed on the divorce, the other spouse’s signature is also required.
The simplest divorce is one where the spouses agree on everything. The divorce goes quickly, without unnecessary arguments and tension, and without spending a lot of money.
How long does a divorce take?
It depends on whether the divorce is contested or uncontested. If we are in dispute, we face a lengthy process that can take more than a year. This is especially true when we are going to court over minor children. In such a case, the court will examine what is best for the child. It will decide whether the child will be placed in the sole care of one of the parents, in alternating custody or in joint custody. The court will decide who will pay maintenance and how much.
The court always tries to act in the child’s interest. So if the court finds that the child’s interest conflicts with our divorce agreement, it may decide completely differently.
Contested divorce
This means that one of the spouses does not agree with the divorce, or that we are unable to agree on the matters required by law (care of minor children, settlement of community property (SJM)) and the court has to decide them. A contested divorce is often unpleasant. The court asks about personal (often even intimate) matters and looks into the details of why the marriage is breaking down. This is often unpleasant for both sides. The petition must be in writing with officially certified signatures.
Uncontested divorce
The spouses file the petition jointly, or the other spouse joins the petition. An uncontested divorce means that both sides have agreed in advance on the care of minor children, the settlement of community property, housing and, where relevant, maintenance for the period after the divorce. The court will not examine the reason the marriage broke down. The condition for an uncontested divorce is that the marriage has lasted at least one year and the spouses have not lived together for 6 months. The proceedings run without unnecessary delays, more quickly and simply. The agreements must be in writing with officially certified signatures.
Common mistakes in the divorce process in Czech Republic
Many delays come from small oversights rather than legal disputes. Before you file, check that you are not making one of these mistakes:
- Filing before you agree on the details. If you start the process and then disagree about the children or property, a quick divorce can turn into a long one.
- Leaving out documents. Missing certified copies or signatures usually mean the court asks you to add them, which costs you time.
- Forgetting shared debts. You may focus on assets and overlook loans, credit cards or a mortgage that you are both responsible for.
- Signing agreements you do not fully understand. If you are not fluent in Czech, ask for a translation or a trusted interpreter before you sign.
When will the court not grant a divorce?
The court will reject a divorce petition if:
- the divorce is contrary to the interest of a minor child who has not acquired full legal capacity,
- the divorce is contrary to the interest of a spouse who was not mainly responsible for the breakdown of the marriage through a breach of marital duties and to whom the divorce would cause serious harm. However, if the spouses have not lived together for more than three years, the court will grant the petition.
How much does a divorce cost?
The court fee for filing a divorce petition is 2,000 CZK (about 92 USD). If we settle community property (SJM) through the court, we pay a further 2,000 CZK (about 92 USD) for that petition. If our community property includes several properties, the fee increases by 5,000 CZK (about 230 USD) for each one. Settling a business costs a fee of 15,000 CZK (about 690 USD). Fees of up to 5,000 CZK (about 230 USD) can be paid with duty stamps.
The whole process can therefore cost up to tens of thousands of crowns. The price is also affected by other factors. For example, whether we are represented by lawyers, whether the divorce proceedings drag on, and whether we have to pay additional costs for expert reports and travel. If we have a lawyer draw up the petition right at the start, we can be sure it will be written correctly and with all the legal requirements. An incorrectly drafted petition can drag out the divorce and therefore make it more expensive.
Proceedings on the care of minor children and on parents’ maintenance obligations are exempt from court fees. Divorce is also complicated by disputed shared property, loans and joint mortgages.
Planning your budget for a divorce in Czech Republic
Court fees are only part of the financial picture. Divorce often means you move from one household budget to two. You may need to pay rent and bills alone, buy furniture and cover moving costs. As an illustrative example, if you and your spouse shared $2,000 of monthly housing costs, you may each face a large part of that amount on your own after you separate.
Before you file, write down your expected monthly income and spending after the divorce. Set aside an emergency reserve if you can. This helps you negotiate calmly instead of accepting a poor agreement just to end the process quickly.
Divorce with children
At the latest together with the divorce petition, we file a petition to arrange the care of the child for the period after the divorce. This is because the marriage cannot be dissolved until the court has decided on the future care of the minor child. We file the petition to arrange child care with the district court in whose area the child has their permanent residence.
The court decides how the parents will care for the child after the divorce, the amount of maintenance and when it is due. It decides whether the child will be placed in the care of one of the parents, in alternating custody or in joint custody. It always takes into account the best interest of the child. An agreement on minor children must always be approved by the guardianship court.
Division of property after divorce
If we signed a prenuptial agreement before the wedding, we do not need to deal with dividing property after the divorce. We can also sign a prenuptial agreement during the marriage. After the divorce, community property ceases to exist and has to be settled. If we do not manage to do so within three years of the end of the marriage, the community property (SJM) is settled according to the rules set by law. Movable items become the property of the spouse who uses them exclusively. Real estate becomes co-owned by the spouses in shares (that is, half each). Community property (SJM) includes not only movable items and real estate but also debts. This applies especially when we take out something like a mortgage together during the marriage.
Change of surname
In the vast majority of cases, the wife takes the husband’s surname. Once the divorce decision becomes final, a woman can notify the registry office within six months that she is taking back her original maiden name. The notification can be made at any registry office and is free of charge. We can also apply for the change later, but a fee will then be charged.
Many women keep their husband’s surname even after divorce. Often this is so they keep the same surname as their children.
Also read our article on how to find out about health insurance debt or on managing money.
Frequently asked questions about divorce in Czech Republic
How do you divorce in Czech Republic?
You file a written divorce petition with the district court in the place of your last shared residence. You can file it alone or jointly with your spouse. If you have minor children, you must also file a petition to arrange their care, because the marriage cannot be dissolved before the court decides on it.
How much does a divorce cost in Czech Republic?
The court fee for the divorce petition itself is about 92 USD. Settling community property through the court adds further fees. Your total cost depends mainly on whether you use lawyers, need expert reports and how long the proceedings last.
What is the fastest divorce process in Czech Republic?
An uncontested divorce is usually the quickest option. You and your spouse agree in advance on the children, property, housing and maintenance, and the court does not examine why the marriage broke down. The marriage must have lasted at least one year and you must have lived apart for at least six months.
USD amounts are approximate, converted at the Czech National Bank rate of 21.83 CZK per USD on 27 October 2026.
