Best Divorce & Separation Lawyers in Arta

About Divorce & Separation Law in Arta, Greece

Divorce and separation in Arta follow national Greek family law, applied locally by the Family Section of the Court of First Instance of Arta and by local notaries for consensual divorces. Greece recognizes two main pathways to end a marriage: a consensual divorce agreed by both spouses and a contested divorce when there is no agreement. Since recent reforms, couples who agree on all issues can complete the process before a notary with the assistance of their lawyers, often faster and with less stress. When there is disagreement about the dissolution itself or about children, finances, or property, the court will decide.

Greek law aims to protect the best interests of children, promote co-parenting, and provide fair financial settlements. Outcomes can vary significantly based on facts, evidence, and timely compliance with procedural rules, so local legal guidance in Arta is important.

Why You May Need a Lawyer

Many people manage the emotional aspects of a breakup but need help navigating the legal steps. A lawyer can be crucial in common situations such as drafting a full consensual divorce agreement tailored to your family, negotiating parenting time, child support, and parental responsibility in line with Greek law, filing a contested divorce petition when your spouse will not cooperate, protecting you and your children in cases of domestic violence with restraining orders and emergency measures, documenting and proving financial contributions to claim a share of property acquired during the marriage, seeking or resisting spousal maintenance, handling international elements such as foreign marriages, foreign assets, or proceedings in another EU country, ensuring required translations and certifications of documents, and representing you in mediation and in the Family Section of the Court of First Instance of Arta.

Local Laws Overview

Types of divorce. Greece recognizes two principal types of divorce. Consensual divorce requires both spouses to agree on the dissolution and on arrangements for any minor children. The agreement is finalized as a notarial deed with each spouse represented by their own lawyer after a mandatory waiting period of at least 10 days from signing the agreement. Contested divorce is brought before the court when there is no agreement. The grounds focus on the breakdown of marital relations. A separation of two years creates a legal presumption of irretrievable breakdown. Serious misconduct such as adultery or domestic violence can also be relevant to prove breakdown and to parenting determinations.

Children and parental responsibility. Greek law places the best interests of the child at the center. Since the 2021 reforms, parental responsibility is generally exercised jointly after separation, unless a court decides otherwise. The child may live primarily with one parent, but there is a legal guideline that the other parent should have meaningful personal contact, commonly interpreted as about one third of the time, unless the court finds different arrangements are better for the child. Specific schedules are tailored to each family and to factors like school, distance, health, and the child’s needs.

Child support. Both parents must contribute according to their means and the child’s needs. Courts consider income, earning capacity, special needs, housing, schooling, and standard of living during the marriage. There is no rigid formula. Support orders can be adjusted if circumstances change.

Spousal maintenance. A former spouse may seek maintenance in specific situations, for example temporary support during a transition period, inability to work due to age, health, or care of a young or disabled child, unemployment not caused by the spouse’s fault, or during studies started during the marriage. Duration and amount depend on need and ability to pay.

Property and financial claims. The default matrimonial property regime in Greece is separation of property. Each spouse keeps property in their own name. However, a spouse can claim a contribution to the increase of the other spouse’s property that occurred during the marriage. The law presumes a one third contribution unless either spouse proves otherwise. Evidence of earnings, savings, unpaid care, and support to a spouse’s business can be relevant. Prenuptial agreements are limited in scope under Greek law.

Procedure in Arta. Consensual divorces are completed before a notary in Arta or elsewhere, with each spouse represented by a lawyer. For contested cases, petitions are filed in the Court of First Instance of Arta. Family disputes about parental responsibility, child residence, and contact generally require an initial session with a trained mediator before a full court hearing, unless there is urgency or exceptions apply. Interim measures may be available for urgent child arrangements or protection.

International and EU aspects. Jurisdiction and recognition within the EU are governed by EU Regulation 2019-1111 on matrimonial and parental responsibility matters. Greek courts may have jurisdiction if one spouse is habitually resident in Greece or is a Greek national, among other grounds. Foreign judgments usually require recognition before enforcement in Greece. Foreign documents must be officially translated and may require apostille or consular legalization.

Registration. Once the divorce is finalized by notarial deed or court decision that has become final, it must be registered with the Civil Registry Office of the municipality where the marriage was recorded. For religious marriages, a separate church process may be needed for religious remarriage, which is distinct from the civil divorce.

Frequently Asked Questions

What types of divorce are available in Arta and which is faster

Consensual divorce and contested divorce are available. Consensual divorce is usually faster because it is finalized by a notary with a written agreement and a minimum 10 day waiting period. Contested divorce goes through the Court of First Instance and can take months or longer depending on complexity and court schedule.

Do we have to go to court if we agree on everything

No. If both spouses agree on the divorce and on all issues regarding any minor children, the process is completed before a notary with each spouse represented by their own lawyer. No court hearing is required, but proper drafting and the 10 day waiting period apply.

How is custody decided and what does joint parental responsibility mean

Greek law favors joint parental responsibility after separation. This means both parents participate in important decisions about the child. The child’s residence and the contact schedule are set by agreement or by the court based on the child’s best interests. A meaningful relationship with both parents is encouraged, and one third contact time is a common reference unless the court decides differently.

How is child support calculated

There is no fixed formula. The court looks at the child’s reasonable needs and both parents’ incomes and earning capacity. Expenses such as housing, food, education, medical care, and activities are considered. Orders can be modified if circumstances change significantly.

Can a spouse receive maintenance after divorce

Yes, in defined situations such as inability to self support due to age or health, care of a young or disabled child, or a transitional period to find work. The court assesses need and the other spouse’s ability to pay. Maintenance can be time limited and may end if the recipient remarries or cohabits in a manner akin to marriage.

How is property divided if everything is in one spouse’s name

Greece uses separation of property, but the other spouse can claim a share of the increase in property acquired during the marriage based on their contribution. The law presumes a one third contribution unless proven otherwise. Evidence such as income records, bank statements, and non monetary contributions can be important.

What documents will I need to start the process

Commonly required documents include marriage certificate from the Civil Registry, birth certificates of minor children, identification documents, proof of residence, any prior court orders, and financial records such as tax returns, pay slips, and bank statements. Foreign documents need official translation and may need an apostille.

What if my spouse refuses to cooperate

You can file a contested divorce petition in the Court of First Instance of Arta. The court can also issue interim measures on urgent issues such as child residence, contact, and support. Mediation may be required for parental disputes unless exceptions apply.

Can foreign nationals divorce in Arta

Yes, if Greek courts have jurisdiction based on habitual residence or nationality criteria set by Greek law and EU rules. Recognition and enforcement of foreign judgments may also be possible. Consult a local lawyer to confirm jurisdiction and any translation or legalization requirements.

What should I do if there is domestic violence

Your immediate safety and the safety of any children come first. Contact the police for protection and seek medical help if needed. You can request restraining orders and interim measures from the court. Specialized support services and hotlines operate nationally, and local courts can prioritize urgent applications.

Additional Resources

Court of First Instance of Arta - Family Section for divorce, parental responsibility, and support cases.

Bar Association of Arta for referrals to local family law attorneys.

Local Notaries in Arta for consensual divorce notarial deeds.

Municipality of Arta - Civil Registry Office for registration of divorce and changes to civil records.

Citizens Service Centers KEP in Arta for guidance on certificates and administrative steps.

Hellenic Ministry of Justice for information on mediation, accredited mediators, and family law procedures.

General Secretariat for Demography and Family Policy and Gender Equality - national helpline 15900 for support in cases of domestic violence and family crisis.

Hellenic Police emergency number 100 for immediate assistance and protection.

Next Steps

Clarify your goals. Decide whether a consensual solution is possible. List your priorities regarding children, housing, finances, and timing.

Consult a local family lawyer in Arta early. Bring key documents such as marriage and birth certificates, financial records, and any previous orders. Early advice helps you avoid mistakes and choose the right forum and process.

Consider mediation. For parenting issues, an initial mediation session is often required and can produce practical agreements faster than litigation.

Prepare a complete parenting and financial plan. For consensual divorce, your lawyers will draft a notarial agreement covering parental responsibility, residence, contact schedule, child support, and any spousal maintenance.

Address safety and interim needs. If there is risk or immediate financial need, ask your lawyer about interim measures to stabilize arrangements while the case proceeds.

Complete registrations after finalization. Ensure the notarial deed or final court decision is registered at the Civil Registry where your marriage is recorded. Update tax, social insurance, and any relevant records as advised.

Keep records and stay flexible. Maintain documentation of expenses and communications related to children. If circumstances change, ask your lawyer about modifying orders or agreements.

This guide provides general information. For advice tailored to your situation in Arta, consult a qualified family law attorney.