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Law firm Legalis

Law firm Legalis

Oslo, Norway

Founded in 1995
50 people in their team
About usA central idea when Legalis was founded in 1995 was already then to offer legal services over the internet – a new thing at the time. We...
Norwegian
English

About Divorce & Separation Law in Oslo, Norway

Divorce and separation laws in Oslo, Norway, are governed by the Norwegian Marriage Act and the Children Act. These laws offer clear procedures and protections for individuals going through a marital dissolution or separation. Oslo, being the capital city, has numerous resources and proficient legal experts available to assist you in navigating the complexities involved in these processes.

Why You May Need a Lawyer

While some divorces and separations can be amicably resolved, many situations require legal intervention to ensure a fair and just outcome. Here are some common scenarios where seeking legal help may be beneficial:

  • Disputes over Child Custody and Visitation Rights: Legal professionals can help mediate and settle disputes regarding the custody and visitation of children.

  • Division of Marital Property: Lawyers can assist in the equitable division of shared assets and liabilities.

  • Spousal Support: Determining alimony or spousal support can be complex, and a lawyer can guide you through the fair calculation and negotiation process.

  • International Considerations: Oslo's diverse population means that many divorces involve international elements that require specialized legal knowledge.

  • Legal Documentation: Ensuring that all necessary legal documents are correctly prepared and filed is crucial, and a lawyer can help avoid common pitfalls.

Local Laws Overview

Key aspects of divorce and separation laws in Oslo, Norway, include:

  • Grounds for Divorce: Norway allows for divorce without the need for establishing fault. A mandatory separation period of one year or two years of living separately without formal separation is required.

  • Child Custody and Support: Custody can be shared or granted to one parent. Child support is typically calculated based on the non-custodial parent's income and the needs of the child.

  • Property Division: Norway follows the principle of community property, which generally means assets acquired during the marriage are divided equally.

  • Spousal Support: This is not guaranteed and is generally awarded based on the need and ability to pay. Temporary support may be provided during the transitional period post-divorce.

  • Mediation: Before finalizing a divorce involving children, couples are often required to attend mediation to resolve custody and support issues.

Frequently Asked Questions

1. What are the grounds for divorce in Norway?

No specific grounds are needed for a divorce in Norway. A separation period of at least one year or living apart for two years is required before a divorce can be granted.

2. How is child custody determined?

Custody can be shared or granted to one parent based on the best interests of the child. Factors considered include the child's needs, parental cooperation, and each parent's ability to provide care.

3. Is mediation required in divorce cases?

Mediation is mandatory in cases involving children to ensure that custody and visitation arrangements are in the child's best interests.

4. How are assets divided in a divorce?

Assets acquired during the marriage are typically divided equally unless an agreement states otherwise. Pre-marital assets or inheritances are usually retained by the individual.

5. Can I get spousal support?

Spousal support is not automatic and is determined based on the need of one spouse and the ability of the other spouse to pay. Temporary support may be awarded during the divorce process.

6. How is child support calculated?

Child support is calculated based on the non-custodial parent's income, the needs of the child, and the cost of living. The exact amount is determined by guidelines set by Norwegian law.

7. What if my ex-spouse lives in another country?

International divorces can be complex and may require specialized legal assistance to navigate cross-border laws and enforce decisions in different jurisdictions.

8. How long does the divorce process take?

The process length can vary, but generally, it includes a mandatory separation period of one year. Additional time may be needed to resolve custody, support, and property division issues.

9. Can we draft our own separation agreement?

Yes, couples can draft their own agreements, but it is advisable to have them reviewed by a lawyer to ensure they are legally sound and enforceable.

10. Where can I seek help during my divorce?

You can seek help from legal professionals, mediation services, and support groups to navigate the emotional and legal complexities of divorce.

Additional Resources

For those seeking further information or assistance, consider the following resources:

  • Norwegian Directorate for Children, Youth and Family Affairs (Bufdir): Provides information and resources on family law.

  • Lawyers in Oslo: Many law firms specialize in family law and can provide legal advice and representation.

  • Mediation Services: Offers mediation to resolve disputes amicably, particularly concerning child custody and support.

  • Oslo Municipality Family Counseling Office: Provides counseling and support services for families going through separation and divorce.

Next Steps

If you require legal assistance in divorce and separation, consider taking the following steps:

  • Consult a Family Lawyer: Get advice from an experienced family lawyer to understand your rights and obligations.

  • Gather Documentation: Prepare all necessary documents, including financial records, property deeds, and any previous agreements.

  • Consider Mediation: Explore mediation services to resolve disputes amicably, especially if children are involved.

  • Attend Counseling: Seek emotional support through counseling to help cope with the personal impact of divorce.

  • Stay Informed: Keep informed about your legal rights and responsibilities to ensure fair treatment and compliance with local laws.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.