Dissolution of marriage between a citizen of Lithuania and an alien in Lithuania. Divorce in Lithuania

In Lithuania, applications regarding a dissolution of marriage shall only be investigated by courts.

A claim for a dissolution of marriage must be submitted to the District Court according to a place of residence of the respondent. If the respondent has minor children living herewith – according to a place of residence of the plaintiff. When terminating marriage upon joint application of both spouses, it may be submitted according to a place of residence of one of the spouses.

In Lithuania, a marriage can be dissolved:

  -  By the mutual consent of the spouses. A marriage may be dissolved by the mutual consent of the spouses provided over a year has elapsed from the commencement of the marriage, the spouses have made a contract in respect of the consequences of their divorce and they have full active legal capacity. In this case, divorce shall be obtained under simplified procedures.

   -  Through the fault of a spouse (spouses). In this case, marriage shall be dissolved if the plaintiff proves fault of other spouse. The Court may also declare that marriage is dissolved due to the fault of both spouses.

   -  On the application of one of the spouses, if:

• the spouses have been separated for over a year,
• one of the spouses has been declared legally incapacitated,
• one of the spouses has been declared missing,
• one of the spouses was convicted.

The marriage shall be dissolved thirty days after the date of the Court’s judgement. Having determined a judgement on dissolution of marriage, the Court shall send a copy thereof to the Civil Registry Office, which records a divorce act and issues a certificate of divorce to former spouses (or upon request of one of the spouses).

Judgements of the Courts regarding dissolution of marriage shall be recognized throughout the European Union. Citizens of Lithuania, who have dissolved marriage abroad, must apply to the Civil Registry Office due to an inclusion of dissolution of marriage into record. A judgement of the foreign Court properly certified with a mark Apostille or certificate of divorce must be submitted to the Civil Registry Office. The date specified in a certificate of divorce issued by the foreign state or in the Court’s judgement shall be deemed to be the day of dissolution of marriage.

If a marriage would be terminated outside the European Union, in order to include dissolution thereof into record of Lithuania, such judgement of the Court should be recognized in Lithuania at first.

MIGRATION LAW CENTER