Lithuania divorce

Legal Framework

• Civil Code
• Civil Procedure Code
• Law on the Notarial Profession (for notarial divorces)

Competent Authority

Two options depending on circumstances:

1. Courts: For contentious divorces and consensual divorces with minor children
2. Notaries: For consensual divorces meeting specific requirements (since 2022)

Access Requirements

For Notarial divorce (all conditions must be met):

• Both spouses agree on divorce consequences (property division, etc.)
• No conjugal life for over one year
• No joint minor children

For Court divorce: three possible types:

1. By mutual consent:
   • Agreement on divorce consequences
2. On request of one spouse if:
   • Spouses separated for more than one year
   • One spouse declared incapacitated/partially incapacitated
   • One spouse declared missing
   • One spouse imprisoned for over one year for non-premeditated crime
3. Due to fault of one spouse:
   • When spouse significantly neglected marital duties making cohabitation impossible

Procedure

1. Notarial Divorce:
   • Spouses provide written declaration of non-cohabitation
   • Submit agreement on divorce consequences
   • Notary must offer reconciliation (up to 6 months)
   • If creditors involved, 30-day waiting period for objections
   • Marriage dissolved day after agreement confirmation
2. Court Divorce:
   • Usually written procedure for consensual divorce
   • Court must verify agreement’s legality
   • Court can impose 6-month reconciliation period
   • Decision effective after 30 days if not appealed