How to Divorce in Lithuania: A Comprehensive Guide for Spouses

Divorce in Lithuania is often associated with legal and emotional challenges. Disagreements over shared property, child support and residence, fault determination, or child custody often cause additional stress for both spouses. In addition, not knowing which divorce method would be best for a particular situation can complicate and delay the process.

Paper family silhouettes and a calculator - a link to divorce.

Divorce can have a negative impact and cause negative consequences such as: emotional tension and stress, financial instability or legal uncertainties due to a long legal process. Due to an improperly chosen method of divorce or incompletely assessed legal conditions, the process may be prolonged and litigation costs may increase, and if an amicable agreement is not reached, divorce cases may last two or even more years, requiring additional court hearings.

Given this, it is important to assess the actions and have a plan before starting the divorce process. In each case, the spouses can agree on the consequences of the divorce, and if an agreement cannot be reached - the court in the divorce case decides on the division of the spouses' property and debts, the maintenance of minor children, determining their place of residence, determining the procedure for communication between the father or mother living separately and the minor child(ren), maintenance of the other spouse, compensation for damage and other issues.

Division of property

Division of property is an important part of divorce. If the spouses do not conclude a marriage contract, the principle of common joint ownership is usually applied. This means that all property acquired during the marriage is considered the joint property of both spouses.

• Voluntary agreement. The simplest way is when the spouses agree on what will go to whom, and the agreement is approved by the court or (when there are no minor children and other conditions allow) by a notary.

• In the event of a dispute. If the spouses do not agree, the property is divided in accordance with the procedure established by the court, taking into account the interests of each spouse, the needs of the children and other circumstances of the case.

  
  

Child Support

Child support (alimony) is mandatory for each parent. The court takes into account:

• The child's needs (housing, food, education, etc.).

• The parents' financial capabilities (income and assets).

• The child's age, health status.

The amount of support can be determined by agreement between both parents (for example, a monthly sum), and in case of disagreement, the court will do so. It is important to know that support for minor children must be provided on a regular basis, taking into account their needs.

Procedure for communication with children and determination of the child's place of residence

When spouses divorce, the child's place of residence is determined with one of the parents. When the court makes a decision, the interests of the child are the most important - with whom he or she has a closer relationship, what are the household and other conditions. Procedure for communication - an agreement between the spouses (or a court decision in a case) on how the separated parent communicates with the child: how often the child is visited, how holidays, celebrations are organized, etc. This is aimed at ensuring that the child maintains contact with both parents even after the divorce, and they can participate in raising the child.

How can a marriage be cancelled?

The law provides that in Lithuania a marriage can be dissolved in the following ways:

• By mutual consent of both spouses

• At the request of one of the spouses

• Due to the fault of one or both spouses

  
  

Divorce by mutual consent of both spouses

A divorce by mutual consent of the spouses is possible when more than 1 year has passed since the marriage, both spouses are fully capable in this area, and have concluded an agreement on the consequences of the divorce, which discussed the division of property, child support and other issues.

If the spouses agree on the maintenance of the children, their place of residence, the procedure for communication with the separated father (mother), the division of joint property and other important aspects, this is the simplest and often fastest way to divorce.

A divorce by mutual consent of both spouses has the lowest court costs, because there is no need to pay a stamp duty, the marriage is dissolved in court in a simplified procedure, both spouses can submit the agreement to the court for approval and request that the case be heard in writing without attending a hearing. It is also an emotional benefit for the children and a lower psychological burden for the spouses themselves.

It should be noted that from 2023 - the possibility of dissolving the marriage before a notary. If the above conditions exist and the spouses do not have minor children, live separately (for a year or more) and do not manage a joint household, the marriage can be dissolved quickly before a notary by signing an agreement on the consequences of the divorce.

Divorce at the request of one spouse

This method is used when the spouses have been living separately for more than 1 year (separation), one of the spouses is serving a prison sentence (for an unintentional crime) for more than 1 year, or the court has recognized him as incapacitated, of limited capacity, or his whereabouts are unknown.

The examination of the application is simpler than in the case of a dispute; it is important to submit an application to the district court of the applicant's place of residence and prove the conditions provided for by law for the dissolution of marriage at the request of one of the spouses.

Divorce due to the fault of the other spouse or both spouses

Applies when it is impossible to reach an agreement and the dissolution of the marriage was caused by the actions of the other spouse. According to the law, a marriage is considered to have broken down due to the behavior of the other spouse when he is convicted of an intentional crime, is unfaithful, treats the other spouse or family members cruelly, commits an intentional crime, has left the family and has completely neglected them for more than 1 year.

However, before going to court, it is necessary to use mandatory mediation, except in cases where violence has been experienced in the immediate environment. Often, such cases take longer, require greater time and financial costs, and also cause more psychological stress.

Importantly, disputes over non-pecuniary damage are possible in such cases. If the case is related to the unlawful actions of the other spouse (for example, physical or psychological violence, betrayal), compensation for non-pecuniary damage may also be required.

Which way to choose?

The priority is the mutual consent of both parties. If it is possible to reach an agreement, a joint divorce is the fastest, most financially favorable and emotionally easiest solution. In such a case, the marriage can be dissolved through a notary or court upon a joint request and after concluding an agreement and discussing the consequences of its dissolution.

If the positions fundamentally differ or there is no agreement on child support, communication procedures, or guilt, contentious litigation may be necessary.

Every marriage is unique, so there is no one universal answer to which divorce path is best in a particular case. If you are considering a divorce, contact Zabulis Legal for a consultation. Our many years of experience in disputes and family law cases allows us to quickly and objectively assess your situation, help you choose the most appropriate method of divorce, and ensure a smooth process. During the consultation:

• We will assess your individual circumstances and needs.

• We will review possible divorce scenarios – from amicable agreement between both spouses to contentious litigation.

• We will discuss an action plan to achieve the most favorable outcome for you and minimize emotional and financial loss.

We invite you to contact Zabulis Legal info@zabulislegal.com and make the most beneficial decision for you. The right divorce method can help you save time, money and preserve good relationships. We are ready to help you every step of the way.

Keywords #DivorceinLithuania #DivorceProcess #FamilyLawyer #DivorceLawyers #ChildSupport #ChildAccessOrder #PropertyDivision #ChildPlaceofResidence #MariangeDissolution #Separation #MarriageContract