Best Divorce & Separation Lawyers in Thivais

About Divorce & Separation Law in Thivais, Greece

Divorce and separation in Thivais follow Greek national family law. Whether you live in Thivais full time or have only a connection to the area, your case will be handled under the Greek Civil Code and the Greek Code of Civil Procedure, with local courts and notaries applying those rules. Greece offers two main pathways to end a marriage. The first is mutual consent divorce completed before a notary. The second is a contested divorce decided by the Single-Member Court of First Instance. Family matters about children, maintenance, and property are handled under specialized family procedures, with a focus on the child’s best interests and proportional, fair financial outcomes.

Thivais residents typically deal with the Court of First Instance of Thebes for contested cases, local notaries for mutual consent divorces, and municipal civil registry offices for recording a divorce. If your marriage was religious, you may also need a separate ecclesiastical dissolution for church purposes. International families benefit from European Union rules on jurisdiction and recognition that help determine where a case should be heard and how decisions will be enforced across borders.

Why You May Need a Lawyer

A family lawyer can guide you through key decisions and procedural steps so that your rights are protected while helping you reach practical solutions. You will likely need legal assistance in the following situations.

You want a mutual consent divorce. Each spouse must be represented by a separate lawyer to complete a notarial divorce and to draft parenting and financial agreements that meet legal standards.

You face a contested divorce. If there is disagreement about divorce itself, child residence and contact, parental responsibility, or finances, a lawyer prepares evidence, negotiates, and represents you in court and in any mediation steps.

There are children. Greek law emphasizes joint parental responsibility and meaningful contact. A lawyer helps build parenting plans, negotiate schedules, and set child maintenance that reflects needs and ability to pay.

There is family violence or coercive control. A lawyer can request immediate protective measures, exclusive use of the family home, no-contact orders, and financial support, and coordinate with criminal authorities if needed.

Property and maintenance issues are complex. Greece applies a separation-of-property system with a claim to share in acquisitions made during marriage. A lawyer can trace assets, handle business interests, and pursue or defend against spousal maintenance claims.

There is an international element. If one spouse or the children live abroad, or you married abroad, jurisdiction and applicable law can be complicated. A lawyer uses EU regulations and international conventions to secure the right forum and recognition.

You need documents recognized. Foreign marriage certificates, birth certificates, and court orders often require legalization and official translation. A lawyer ensures proper form so your case is not delayed.

Local Laws Overview

Types of divorce. Mutual consent divorce occurs before a notary and is usually the fastest route. Both spouses must be represented by separate lawyers. A written agreement covers the decision to divorce and, if there are minor children, parental responsibility, residence, communication, and child maintenance. The law provides a mandatory reflection period of 10 days before the notarial deed is executed. The notarial deed is then registered with the civil registry. Contested divorce is filed at the Single-Member Court of First Instance and is granted when the marriage has irretrievably broken down. A separation of at least two years creates a legal presumption of breakdown. Serious incidents such as violence or adultery can also prove breakdown.

Children and parental responsibility. As a general rule under recent reforms, parental responsibility is shared. Courts focus on the child’s best interests and aim to secure meaningful contact with both parents. Parenting schedules are tailored to the child’s age, needs, school calendar, and parents’ availability. Relocation of a child usually requires the other parent’s consent or a court order. Grandparents and other relatives may seek contact in appropriate cases.

Child maintenance. Both parents support their children proportionally to their resources and the child’s needs. Courts consider housing, education, health, childcare, and extracurricular costs, as well as tax and social benefits. Orders can be adjusted if circumstances change.

Spousal maintenance. After divorce, maintenance may be awarded if a spouse cannot reasonably support themselves for specific reasons, such as full time care of a young child, health issues, age, or necessary vocational training. Maintenance is usually time limited and depends on needs and the other spouse’s ability to pay.

Property and finances. Greece’s default regime is separation of property. On divorce, a spouse can claim participation in the other spouse’s acquisitions that were built during marriage with the claimant’s contribution. The law presumes a one third contribution unless proven otherwise. This claim typically must be brought within a short legal time limit after divorce, commonly two years. Courts can also award exclusive use of the family home on an interim or final basis where appropriate.

Mediation. Many family disputes, such as parental responsibility, child residence and communication, and property claims arising from marriage, are subject to a mandatory initial mediation session before or during court proceedings, with exceptions for urgent cases and those involving domestic violence. Mediation can be used voluntarily at any stage to reduce conflict and cost.

Protective measures. In urgent situations, courts can issue temporary orders for custody, contact, exclusive home use, and maintenance on a fast track. Domestic violence is addressed by civil and criminal measures, including restraining orders and removal of the perpetrator from the family home.

Procedural and local practice. Contested cases are filed with the Court of First Instance of Thebes based on criteria such as the last common residence of the spouses in Thivais, the defendant’s domicile, or other jurisdictional rules. Mutual consent divorces are completed before a local notary. Finalization requires registration of the divorce deed or judgment with the civil registry. If the marriage was religious, an ecclesiastical dissolution may be needed for church remarriage, handled by the competent Metropolis.

International rules. EU Regulation 2019-1111 on jurisdiction and recognition applies in matrimonial and parental responsibility matters. The Rome III framework permits spouses in many cases to choose the law governing their divorce from a limited list. Maintenance rules and cross border service are handled by specific EU regulations. Greece is a party to the 1980 Hague Child Abduction Convention.

Frequently Asked Questions

How can I get a divorce in Thivais?

You can divorce by mutual consent before a notary if both spouses agree and each has a separate lawyer. If there is no agreement on the divorce itself or on child or financial issues, one spouse files a lawsuit at the Single-Member Court of First Instance of Thebes for a contested divorce and related orders.

Do we both need lawyers for a mutual consent divorce?

Yes. Greek law requires that each spouse be represented by their own lawyer for a mutual consent divorce. A single lawyer cannot act for both spouses in this process.

How long does a mutual consent divorce take?

When documents are in order and agreements are clear, the process can be completed in a few weeks. There is a mandatory 10 day reflection period before the notarial deed is executed. Registration at the civil registry usually follows promptly.

What documents will I need?

Typical documents include marriage certificate, identification documents, recent family status certificate, birth certificates for minor children, and any prenuptial or marital property agreements. Foreign documents must be officially translated and legalized or apostilled as required. Your lawyer will list the exact items for your case.

How is child custody decided?

Parental responsibility is generally shared, and the child’s best interests guide all decisions. Parents can agree on residence and schedules, which a notary will include in a mutual consent deed. In contested cases, the court will set parental responsibility, residence, and contact after evaluating the child’s needs, each parent’s capacity, and any risks.

How is child support calculated?

Courts examine the child’s reasonable needs and both parents’ resources. Expenses such as housing, food, clothing, schooling, medical care, and activities are considered. The outcome is proportional. Either parent can ask to modify support if circumstances change.

Can I move to another city or country with my child?

Relocation that affects contact usually requires the other parent’s consent or a court order. If you cannot agree, the court will decide by weighing the child’s best interests, stability, educational opportunities, and the feasibility of maintaining meaningful contact with the other parent.

What happens to our property when we divorce?

Each spouse generally keeps property in their own name. A spouse may bring a claim to share in the other spouse’s acquisitions made during the marriage to which they contributed. The law presumes a one third contribution unless shown otherwise. There are strict time limits for bringing this claim after divorce, so seek legal advice promptly.

Can I receive spousal maintenance?

Possibly. Maintenance may be ordered if you cannot reasonably support yourself, for example due to caring for a young child, health issues, age, or the need for training to re enter the workforce. It is usually time limited and depends on your needs and the other spouse’s ability to pay.

What if there is domestic violence?

You can request immediate protective measures, including exclusive use of the home, restraining orders, and temporary custody and support. Criminal proceedings may also be available. If you are in danger, contact the police. The national domestic violence helpline 15900 can connect you with shelters and support services.

Additional Resources

Court of First Instance of Thebes. Handles contested divorces, parental responsibility, maintenance, and interim protection applications for the Thivais area.

Local Notaries in Thivais. Authorized to finalize mutual consent divorces by notarial deed and to register the deed with the civil registry.

Municipality of Thebes Civil Registry. Records divorces and updates family status entries. You will need to register the notarial deed or court judgment here.

Thebes Bar Association. Can provide contact details for local family law practitioners who handle divorce, mediation, and protective measures.

Hellenic Ministry of Justice. Oversees family law, mediation accreditation, and the national register of accredited mediators for the initial mediation session requirement.

Citizen Service Centers KEP. Offer guidance on documents and certificates, including civil registry extracts required in family cases.

General Secretariat for Demography and Family Policy and Gender Equality. Operates support services and the 15900 hotline for domestic violence.

National Center for Social Solidarity EKKA. Coordinates shelters and social support for vulnerable families and children.

Metropolis of Thebes and Levadeia. For those married in the Orthodox Church who require an ecclesiastical dissolution for religious remarriage.

Next Steps

Clarify your goals. Decide whether you want to pursue mutual consent or if a contested approach is necessary. List your priorities about children, housing, and finances.

Consult a family lawyer early. A short consultation can prevent missteps, clarify your rights, and map out a realistic timeline and budget. If mutual consent is possible, each spouse should retain their own lawyer.

Prepare documents. Gather your marriage certificate, children’s birth certificates, proof of residence and income, tax returns, bank and loan statements, property records, and any relevant communications or agreements.

Focus on children. Draft a practical parenting plan that addresses residence, daily routines, school logistics, holidays, travel, healthcare, and decision making. Keep communication child centered.

Consider mediation. If there are disputes about parental responsibility, contact, or property, explore mediation. In many family matters an initial mediation session is required before or during court proceedings unless your case qualifies for an exception.

Protect yourself in urgent cases. If there is violence or economic control, ask your lawyer about immediate interim measures and support services. Document incidents and seek medical and police assistance where appropriate.

Finalize and register. For mutual consent, complete the 10 day reflection period, sign the notarial deed, and ensure registration at the civil registry. For contested cases, comply with court directions, attend hearings, and register the final judgment once issued.

Review and update. Circumstances change. If income, residence, or a child’s needs shift, ask your lawyer about modifying maintenance or parenting orders to reflect the new situation.

If you are unsure where to start, schedule a confidential consultation with a family lawyer in Thivais who can assess your situation, explain your options in plain terms, and outline a step by step plan tailored to your needs.