When your spouse does not want a divorce
Without agreement, divorce is still possible: through a unilateral application after two years of living apart, or sooner if continuing the marriage has become unbearable for serious reasons.
After two years of separation
One spouse can apply for divorce alone if the spouses have lived apart for at least two years at the time of the application (art. 114 CC, Swiss Civil Code). Keep proof of the date you separated (tenancy agreement, certificate of residence).
Before two years
On serious grounds for which you are not responsible and which make continuing the marriage unbearable, such as violence (art. 115 CC). If you are experiencing violence, contact a LAVI centre (victim support), and the police on 117 in an emergency.
During the separation
Measures to protect the marital union provisionally settle custody, maintenance and housing. Court fees for a contested divorce are higher: from CHF 1,000 to 3,000 depending on the canton.
Our role
A contested divorce is argued before the court: only a lawyer can represent you there. We refer you to our partner lawyer and, if you wish, prepare the documents and translations needed. If your means are limited, you can apply for legal aid.
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