Marriage dissolution (divorce)

If you have decided to divorce, we firmly suggest to share this decision with your spouse – perhaps you will be able to seperate by mutual consent – this way of divorce is much cheaper and faster.

If you can‘t to reach an agreement or lack knowledge about these procedures – contact us.

If you are considering the possibility of a peaceful separation – come together with your spouse – possibly through the intermediary of us, you will be able to find a mutually satisfactory solution.

Be aware that during divorce it is necessary to share the jointly acquired property and debts, decide with which parent the underage children will live and the size of the maintenance that will be paid to them.

If a marriage is dissolved by mutual consent of both spouses, the spouses are invited to a court hearing, for which, usually, you won‘t need to wait long. However, if you are divorcing due to the other spouse’s fault, you will have to prepare for a longer divorce proceedings, which could last more than six months. Please note that due to the high workload of the courts in Vilnius, divorce, as well as other legal process, may take longer than in other cities.

The Civil Code envisages three possible termination marriage cases:

  1. Divorce by mutual consent of both spouses. With a mutual consent marriage can be terminated (simplified procedure), if all the following conditions are met:
  • over one year has elapsed since entering into a marriage;
  • both spouses have concluded an agreement on the consequences of divorce (the division of property, child support issues, etc.);
  • both spouses are fully legally capable.
  1. Divorce at the request of one of the spouses.The marriage may be terminated at the request of one spouse if atleast one of the following conditions are met:
  • spouses live apart (are separated) for more than one year;
  • one spouse is legally incapable as declared by a court decision, after the conclusion of marriage;
  • one spouse is declared to be missing;
  • one spouse is serving a prison sentence for more than one year, for the unintentional offense.

Request for divorce of a legally incapable spouse may be filed by his guardian, the public prosecutor or the guardianship and custody authority.

  1. Divorce at the request of one of the spouses due to the other spouse’s fault.

A spouse can claim for divorce if the marriage actually broke down due to another spouse‘s fault.

A spouse is found guilty for the dissolution of marriage, if they are in material breach of their obligations as a spouse in accordance with the law, and as a result – a joint life has became impossible.

It is presumed that the marriage broke down because of the fault of other spouse if: he is convicted for a deliberate crime, or is unfaithful, or cruel to their spouse or other family members, or left their family for more than one year and completely does not care about it.

When coming to the first meeting you don‘t need to present any documents, however will be much easier if you have:

  • a marriage certificate;
  • children’s birth certificates,
  • valuable property (both personal and acquired during marriage) acquisition documents
  • credit agreement
  • other documents you consider are important.

Prices of the divorce:

Divorce by mutual consent of both spouses can range from EUR 150 to EUR 300.

If separating due the other spouse’s fault – preparation of documents may reach EUR 600, as well as the representation court proceedings.

When divorcing cause of the fault of the other spouse, you  will also have to pay stamp duty, the amount of which depends on the assets that you request to be adjudged for you.

If you want to consult contact us  8 5 272 7614 or justicija@justicija.eu 

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