Best Divorce & Separation Lawyers in Marijampolė

About Divorce & Separation Law in Marijampolė, Republic of Lithuania

Divorce and separation in Marijampolė are governed by the Civil Code of the Republic of Lithuania and are applied uniformly throughout the country. Cases from Marijampolė are handled by the courts that serve the Marijampolė area, with procedures and requirements identical to the rest of Lithuania. Residents can also access state-guaranteed legal aid and municipal primary legal aid locally.

There are several legal routes to end or alter a marriage relationship in Lithuania. Spouses can divorce by mutual consent, divorce at the request of one spouse on specified legal grounds, or seek legal separation if they do not want to terminate the marriage but cannot continue living together. Matters concerning children, property, maintenance, and housing are decided with the best interests of the child and principles of fairness in mind.

Why You May Need a Lawyer

Many people benefit from legal assistance during divorce or separation because important rights and obligations are at stake. A lawyer can help you choose the appropriate legal route, prepare documents, and represent you in court.

You may need a lawyer if there are disagreements about child custody, residence, contact schedules, or child support. Legal help is also important when dividing real estate, family businesses, savings, debts, or when a prenuptial or postnuptial agreement must be interpreted or challenged.

Other common reasons include alleged fault for the breakdown of the marriage, domestic violence requiring protection orders, cross-border issues such as residence or property in different countries, and questions about spousal maintenance. A lawyer can also assist with mediation, negotiation of comprehensive settlement agreements, and ensuring court orders are enforced.

Local Laws Overview

Legal routes to divorce - Lithuania recognizes three main routes. Divorce by mutual consent is possible if both spouses agree and present a written agreement that settles all consequences of divorce. Divorce at the request of one spouse is possible if statutory grounds exist, such as a long-term breakdown of marital relations or other circumstances established by law. Divorce due to the fault of a spouse can be granted when one or both spouses are found responsible for the breakdown of the marriage.

Mutual consent - Courts will approve a mutual consent divorce if the marriage has existed for a sufficient period and the spouses submit a comprehensive agreement that covers parental responsibility, the children’s residence and contact, child support, division of property and debts, use of the family home, and any spousal maintenance. The court must be satisfied that the agreement is voluntary and does not violate the interests of the children or public policy.

Legal separation - Legal separation can be declared when cohabitation becomes impossible but the spouses do not want to terminate the marriage. Separation regulates living arrangements and financial matters and typically changes the marital property regime to separation of property from the date set by the court.

Parental responsibility and custody - Lithuanian law protects the best interests of the child. Parents usually retain joint parental responsibility. The court determines where the child lives, each parent’s contact schedule, and decision-making. The child’s views are heard if the child is of sufficient maturity, commonly from around age 10.

Child support - Both parents must support their children financially. Child support is set based on the child’s needs, the parents’ resources, and standard of living. Courts may use benchmarks or guidelines, but each case is assessed individually. Support can be paid periodically or as a lump sum and is enforceable through bailiffs if unpaid.

Spousal maintenance - A spouse may be entitled to maintenance if they cannot support themselves after divorce or separation and the other spouse has the means to contribute. The amount and duration depend on the length of marriage, contributions during marriage, health, employability, and fairness.

Division of property and debts - The default marital property regime is joint community property for assets and debts acquired during the marriage, unless a marriage contract provides otherwise. Property is often divided equally, but the court can deviate to protect children’s interests, consider each spouse’s contributions, and prevent unfair outcomes. Premarital property and personal gifts or inheritances usually remain personal property unless mixed with joint assets.

Domestic violence and protection - If there is domestic violence, the police and courts can order immediate protective measures such as removal from the home or non-contact orders. These issues can be addressed urgently and separately from divorce.

Mediation - Family mediation is encouraged. Courts may suggest or refer cases to mediation, and in disputes about children, an attempt at mediation is often required before or during court proceedings, unless there are safety concerns such as violence.

Jurisdiction and cross-border issues - As an EU member state, Lithuania applies EU rules on jurisdiction and recognition of judgments in matrimonial and parental responsibility matters. This affects cases where spouses or children live in different countries or where property is located abroad. Lithuania also applies relevant Hague Conventions, for example on child abduction.

Procedure and timelines - Petitions are generally filed in the court of the respondent’s domicile or the child’s habitual residence. Mutual consent cases are usually faster, often a few months. Contested cases can take longer depending on complexity, evidence, and expert involvement. Court language is Lithuanian, with interpreters available if needed.

Costs and legal aid - Court fees and costs apply, but exemptions or reductions may be available in child-related matters or based on income. Residents may qualify for primary legal aid through the municipality and secondary state-guaranteed legal aid for representation if they meet eligibility criteria.

Frequently Asked Questions

What are the main ways to divorce in Lithuania?

Divorce can occur by mutual consent with a comprehensive agreement, at the request of one spouse based on statutory grounds such as long-term breakdown of marriage, or due to the fault of one or both spouses if proven. The suitable path depends on agreement level, evidence, and desired outcomes.

Can we finalize a divorce without going to a contested court hearing?

Yes. If both spouses agree on all consequences and submit a proper written agreement, the court can approve a mutual consent divorce. The process is usually more efficient and less stressful than a contested case.

Do we have to try mediation?

Mediation is strongly encouraged in family disputes. In many cases involving children, an attempt at mediation is expected before or during court proceedings unless there are safety risks such as domestic violence. Mediation can shorten timelines and reduce costs.

How is child custody decided?

The court applies the best interests of the child. Parents typically share parental responsibility, while the child’s residence may be with one parent or alternated as appropriate. The child’s views are considered if mature enough, commonly from about age 10.

How is child support calculated?

Child support is based on the child’s needs and each parent’s financial capacity. The court may use benchmarks but will tailor the amount to the family’s circumstances. Orders can be adjusted later if circumstances change.

Will our property be split 50-50?

The starting point is equal division of community property acquired during the marriage, unless you have a marriage contract that sets a different regime. Courts can adjust the split to ensure fairness, protect children, and reflect each spouse’s contributions and needs.

Can I keep my married surname after divorce?

Yes. You may keep or revert to a prior surname. If the spouses disagree about a forced change, the court will consider individual rights and the circumstances.

How long does a divorce take in Marijampolė?

Mutual consent divorces often conclude within a few months, depending on court schedules and document readiness. Contested cases can take longer due to evidence, expert reports, and hearings. Timelines vary by complexity and court workload.

What if my spouse lives abroad?

Lithuanian courts may still have jurisdiction depending on habitual residence and other EU rules. Service of documents and recognition of decisions follow EU regulations and international conventions. Legal advice is important in cross-border cases.

Can I get legal aid if I cannot afford a lawyer?

Yes. Primary legal aid is available through the municipality. Secondary state-guaranteed legal aid may cover representation if you meet income and asset criteria or if the case type qualifies. Applications are assessed by the State-Guaranteed Legal Aid Service.

Additional Resources

Marijampolė Municipality - Primary Legal Aid Office. Residents can receive initial legal consultations, help with document preparation, and information on procedures and costs.

State-Guaranteed Legal Aid Service - Provides secondary legal aid for eligible persons, including representation in court and mediation cost coverage in qualifying cases.

National Courts Administration - Information about courts, procedures, court-annexed mediation, and the public list of mediators.

Lithuanian Bar Association - Directory of licensed attorneys and guidance on choosing a family law lawyer.

State Child Rights Protection and Adoption Service - Guidance on child welfare, participation of child rights specialists in cases, and support services for families.

Police and specialized support centers for domestic violence - Immediate protection, safety planning, and referrals for victims of domestic violence.

Notaries and bailiffs - Notaries may assist with certain agreements and certifications. Bailiffs enforce maintenance and property division orders.

Next Steps

Step 1 - Assess safety and support. If there is any risk of violence, contact the police and a specialized support center immediately. Request protection measures if needed.

Step 2 - Gather information. Collect marriage and birth certificates, proof of residence, income and expense records, property and debt statements, and any marriage contract. Keep copies of communications relevant to children or finances.

Step 3 - Consider mediation. If it is safe to communicate, explore mediation to reach a comprehensive settlement on children, property, and maintenance. This can save time and costs.

Step 4 - Get legal advice. Consult a family law lawyer familiar with Marijampolė courts. Ask about strategy, timelines, costs, and whether you qualify for state-guaranteed legal aid.

Step 5 - Choose the legal route. Discuss with your lawyer whether mutual consent divorce, divorce at the request of one spouse, or legal separation fits your situation. If you proceed by mutual consent, prepare a detailed written agreement covering all consequences.

Step 6 - File the case. Submit the petition and supporting documents to the competent court. Ensure proper service on the other spouse, especially in cross-border cases. Be prepared to attend hearings or mediation sessions.

Step 7 - Implement and adjust. After judgment, update civil records, implement property transfers, and set up maintenance payments. If circumstances change, seek a modification of child support or contact arrangements through the court or mediation.

If you are unsure where to start, contact the Marijampolė Municipality primary legal aid service to receive initial guidance and referrals to qualified professionals.