Divorce process
DIVORCE is an enough difficult process in both psychological and legal terms, resulting in legal, financial and moral consequences. However lawyers/advocates of SKYRYBOS.EU OFFICE, whose main task is putting effort so that the client suffered as less negative emotions and stressful situations as possible, and got a satisfactory result, quickly react to the situation and provide comprehensive and qualified legal assistance. Therefore, the process of divorce, even in case of dispute, is much faster and cheaper.
Divorce implies that the property and personal non-property relations between the spouses, as wells as property and personal non-property rights and obligations are being terminated.
Lawyers (mediators, advocates) of SKYRYBOS.EU OFFICE ensure quick and qualified clearance and execution of the divorce process at a reasonable price.
In order to finalize the divorce the following documents are required:
- marriage certificate (original);
- a copy of identity document (passport or identity card);
- a copy(-ies) of the child’s (children’s) birth certificate(-s);
- data about real estate registered in your name and registered vehicles (originals of certificates from the State Enterprise “Centre of Registers” and State Enterprise “Regitra”);
- marriage or property settlement agreement approved in accordance with notarial procedure (if established);
- documents supporting debt obligations (if any);
- statement of income from the place of employment*;
- certificates, receipts (cheques) and other evidence supporting the amount of money required for the child upkeep;
- evidence that serve as a basis for divorce due to spouse’s fault (e. g. facts proving spouse’s infidelity, evidence of cruel behaviour of the spouse: statements, complaints to the police, forensic expert conclusions on experienced violence and related consequences, etc.)**;
- other documents necessary to substantiate and motivate the claim (SKYRYBOS.EU OFFICE lawyers will indicate specific circumstances according to your case).
* Cases of adjudgement of alimony (upkeep).
** In case of dispute between spouses.
It should be noted that the duration of the divorce process is directly dependent on the chosen method of divorce.
Peaceful divorce, when there is no dispute and the spouses voluntarily agree with division of joint property, the amount of child support (alimony), their place of residence and establishment of communication procedures, the procedure of the divorce process is simplified, the parties are exempt from the stamp duty (paragraph 83(1)12 of the Civil Procedure Code of the Republic of Lithuania) and the marriage is terminated within 30 days from the date of appealing to the court.
Divorce at the request of one of the spouses is possible if the spouses live separately for more than one year or after marriage one of the spouses was adjudged incapable / missing by the court’s judgement, or carries out a prison sentence for more than one year for unintentional offence. The process includes, as in the case of peaceful divorce, simplified procedure, the parties are exempt from the stamp duty (paragraph 83(1)12 of the Civil Procedure Code of the Republic of Lithuania), and its duration (depending on the actual circumstances that lead to the divorce) is about 2-3 months.
Divorce due to fault takes place if there is a dispute, and in this case evidence confirming or denying the fault (breach of obligations of a spouse) of one of the spouses for marriage breakdown have great importance. The spouse adjudged as guilty for the dissolution of marriage loses the right to alimony. The initiator of the divorce shall pay the state a 3 percent stamp duty from the value of property that is requested to be adjudged. In this case, the duration of the divorce process depends on the “common sense and balance of principles of the parties”. In practice, investigation of such divorce cases at the first instance court lasts 3 to 6 months, unless the parties manipulate procedural rights.
If you need free legal consultation or you want to know, how much will the divorce process cost in your case, contact us phone: +370 655 50670 or e-mail: info@skyrybos.eu