Divorce: joint petition or after living apart
Updated on October 24, 2026
Divorce is granted by the court, not by a private agreement alone. From article 111, the Civil Code provides for a joint petition and a unilateral petition. When the spouses have lived apart for two years, article 114 lets one of them petition. Before that, article 115 allows it if serious grounds make continuing the marriage unbearable. The court settles the effects the spouses have not agreed: children, maintenance, pension and the home.
What the code says
A complete agreement on the effects may be filed with the joint petition. It is approved only if it is clear, complete and compatible with the children's interest. The binding text is the Civil Code on Fedlex.