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The fastest way is a mutual agreement.
In a press release, Jurgita Karvelė, Sorainen’s senior attorney and Monika Kerpytė, assistant attorney, examined how divorce is more common in Lithuania.
Under the current legal framework, divorce in our country is really easy. If the spouses agree on the terms of the divorce (division of property, residence of the children, support of the children) and sign a contract on the consequences of the divorce, the whole process can take about 2 months. It is important to note that 1 month will be a formal wait for the court decision to take effect. Usually, the spouses petition the court for divorce and approve the contract they have signed for the consequences of the divorce. Sometimes the court finds deficiencies and requests additional evidence or a clarification of the contract. Defects are usually remedied in a week or two. The court then orders a hearing, during which the marriage is usually dissolved.
In the past, such hearings were oral, which means that the judge saw the spouses and asked if they had really decided to divorce. Once the quarantine is applied, all hearings are written exclusively and the spouses do not need to go to court. The court decides to dissolve the marriage, approves the contract signed by the spouses, and the spouses officially divorce after another month.
It is true that there is still a provision in the Civil Code according to which the court can set a time limit of 6 months for the spouses to reconcile, but in practice this provision may not work.
The woman loved the notary who helped her during the divorce.
It’s not always easy
The situation is completely different if you cannot differentiate yourself from beauty. In this case, one of the spouses must file a lawsuit, proving the guilt of the other spouse in the dissolution of the marriage. So all the consequences of the dissolution of the marriage are not decided by the spouses themselves, but by the court. Often times, neither spouse likes a court decision because the court is seeking a compromise. In complex cases, the process can take up to three years in one instance.
In principle, the court never refuses to divorce. The question is only about the conditions under which the marriage will be dissolved. In the event of divorce at the initiative of one of the spouses when filing an action, the court determines which spouse is at fault for the divorce. In the absolute majority of cases mutual fault is established. Sometimes it is a mistake to believe that the fault of the other spouse allows you to take more property or claim more child support. This is not the case; Of course, guilt can sometimes be one of the arguments for awarding more assets to the other spouse, but it is certainly not the only or the main one.
Spouses often pay a lot of attention to the issue of guilt and overemphasize it. The resolution process on this issue is not pleasant, as even the most intimate moments of family life are discussed in various court hearings. It also includes witnesses who feel tremendous discomfort both because they have to go to court and because they have to choose which one to support. Ultimately, the court finds both guilty. Then the spouses realize that a lot of time and energy has been wasted.
Mediation has reduced the number of lawsuits
According to the lawyer, the appearance of mandatory mediation in family matters is one of the best solutions in recent years. Practice confirms this, even in cases where the lawyers themselves do not expect the parties to reach an agreement, they do.
Divorce
It is true that the purpose of mediation is often mistakenly believed to be to reconcile the spouses to remain in the marriage. This task is not the work of mediators but of family psychologists. Mediators help to divorce peacefully, that is, to agree on the consequences of a divorce and to sign a contract, avoiding a dispute in court. It goes without saying that the mediation process is not as fast as divorce by consensus. Mandatory mediation applies when an agreement cannot be reached. According to today’s procedure, if the spouses manage to agree on the terms of the divorce after mediation, the legal process takes several times shorter (because the marriage is dissolved in the first instance by agreement of the spouses) compared to litigation (where the marriage is dissolved in court).
In practice, there are cases where the spouses take a break after starting mediation and wonder if they did not rush to divorce. This is because the mediator clarifies the real needs of the parties, sometimes delves into the depths of the conflict and indeed, it happens that the spouses speak out, express their complaints and decide not to divorce. These cases are the most pleasant, but unfortunately there are very few.
Mediation should not be expected to reduce the number of divorces. However, it does reduce the number of court disputes, while ex-spouses maintain the best possible relationship, without wasting time and money in the legal process. The lawyer points out that this is especially important for children who unintentionally become participants in the divorce process. Therefore, a beautiful relationship with parents during and after divorce is especially important for children.
Abroad, divorces can take years
Similar processes and their deadlines exist in neighboring countries. In Estonia, for example, by divorce, divorce is not granted by a court, but by a notary or the Life Statistics Office. The marriage is dissolved in a period similar to that of Lithuania: not earlier than one month and not after 3 months. In Latvia, meanwhile, a notary or court can dissolve a marriage. In case of consensus, the documents must be presented before a notary and this can be done electronically. Therefore, the marriage is dissolved within 30 days. However, in the event of a dispute, the court dissolves the marriage. An interesting detail is that if the spouses live apart for three years, the court must dissolve the marriage.
In addition to the court, it is possible to divorce in neighboring Belarus if the spouses have no minor children and agree on the division of property. The decision will be made a maximum of one month and a maximum of two months later. In other cases, the divorce is granted by a court that grants a conciliation period of 3 months. An additional 6-month conciliation period may be granted at a later date if the court finds that the spouses can be reconciled.
In practice, there are often families in which one of the parents is an Italian citizen or resident. So the legal regulation in Italy becomes relevant. In this country, the divorce process is much more complicated and consists of two stages. First, the spouses must live apart for 6 months in case of divorce. In certain cases, the court can extend this period to one year. The court then asks the court for separation. If the spouses permanently divorce, this process takes up to 6 months, otherwise it takes a year. In practice, however, these processes usually take much longer.
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