In a marital relationship, sometimes the couple may encounter irreconcilable differences, leading to the difficult choice of divorce. Divorce is a complex process involving legal, emotional, and financial aspects, especially when both parties cannot reach a consensus. In such cases, a judicial divorce becomes a necessary means to resolve the issue.How exactly does one unilaterally file for a court-ordered divorce? And what is the process for going through a divorce?

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If you feel incompatible with your spouse in a marriage, can you just get divorced? The current divorce system can be divided into consensual divorce and judicial divorce.

Consensual Divorce

"Consensual divorce," as the name suggests, is when both parties agree to divorce. According to Article 1050 of the Civil Code, this is done in writing, with signatures from at least two witnesses, and the divorce is registered with the household registration office. Simply put, just as you register a marriage, you now register a divorce. This is a method the couple agrees to divorce through negotiation. In this mode of divorce, the couple does not need to go through a court litigation, but instead, based on mutual consent and agreement, decides to end the marriage. Since both parties agree to the divorce and can reach an agreement on related matters (such as child custody, property division, debt handling, etc.), consensual divorce does not require court intervention and a lengthy litigation process, making it possible to complete in a shorter time and with relatively less emotional and financial stress. During a consensual divorce, the couple can decide the content of the divorce agreement themselves and adjust it according to their actual situation to better suit both parties' interests. However, if one party firmly refuses to register the divorce or an agreement cannot be reached, then a judicial divorce is the only solution.

Additionally, if the marriage does not reach the degree for divorce as stipulated in the Civil Code, there's still a chance to file for divorce under Article 1052, Paragraph 2: "If there are other significant reasons that make the maintenance of the marriage difficult, one of the spouses may request a divorce. However, if the reason is attributable to one of the spouses, only the other party may request a divorce." What constitutes a significant reason is subject to judgment based on the specifics of each case. Those encountering such situations are advised to organize their divorce information and consult with a professional marriage lawyer for a more comprehensive assessment to determine if it meets the significant reasons as regulated by law.

The procedure for a judicial divorce mainly consists of three stages: filing a lawsuit with the court, undergoing mediation, and entering into litigation. Here is a detailed explanation of each stage:

Litigation Process	Explanation
Filing a Lawsuit	Submit a divorce petition to the jurisdictional court and pay the required court fees for the lawsuit.
Mediation Process	The court usually attempts mediation before the trial, aiming to facilitate communication between both parties to seek a mutually acceptable solution. If the mediation is successful, a legally binding divorce agreement can be reached based on the outcome.
Litigation Process	If mediation fails, the case enters the formal litigation stage. The court will make a judgment based on the details of the case, including whether it meets the legal grounds for divorce, the financial conditions of both parties, etc. If either party is dissatisfied with the judgment, they can file an appeal within twenty days after receiving the decision.

Q1: How are the court fees calculated when applying for a divorce in court?

A: Court fees, which are different from lawyer's fees, are collected by the court for handling litigation. The fee varies depending on the nature of the litigation and the level of the court. For divorce litigation cases, which are non-property claims, the fee for the first instance is NT$3,000. For second and third appeals, the fee is NT$4,500. If custody of a minor child is to be determined, an additional NT$1,000 is charged. For example, to file a first-instance divorce lawsuit and determine custody of a minor child, the total litigation fee would be NT$4,000 (NT$3,000 for divorce + NT$1,000 for custody determination). Other court fees can be referenced from the Judicial Yuan's schedule of court fees.

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Reference：民法-離婚篇章 Civil Code - Chapter on Divorce

 

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