DIVORCE ON THE APPLICATION OF ONE OF THE SPOUSES
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by: teisines paslaugos
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Word Count: 515
Date: Wed, 14 Dec 2011 Time: 9:20 AM
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Conditions for obtaining divorce
A marriage may be dissolved on the application of one of the spouses filed with the court of the district where the applicant resides, if at least one of the following conditions are satisfied:
1) the spouses have been separated for over a year;
2) after the formation of the marriage one of the spouses has been declared legally incapacitated by the court;
3) one of the spouses has been declared missing by the court;
4) one of the spouses has been serving a term of imprisonment for over a year for the commission of a non-premeditated crime.
On behalf of the spouse lacking legal capacity the application for divorce may be filed by his or her guardian, a public prosecutor or a guardianship and care institution.
The content of the application
The application must contain the indication of one of the grounds for divorce. The application must also indicate how the applicant is going to perform his or her obligations toward the other spouse and their minor children. The application must also contain the data provided for in the Code of Civil Procedure.
Examination of the application (lt. teisines paslaugos)
A spouse's application for divorce shall be examined in a simplified procedure. Where divorce proceedings are commenced on the application of one of the spouses, the reconciliation measures shall not be applied. The court having regard to the age of one of the spouses, the duration of marriage, the interests of the minor children of the family may refuse to grant a divorce decree if the divorce may cause significant harm to the property and non-property interests of one of the spouses or their children. The other spouse or his or her guardian shall have a right to declare that the marriage has broken down through the applicant's fault and demand that the court grant divorce on the basis of the applicant's fault. If the court considers the declaration to be well grounded, divorce shall be granted on the basis of the fault of the spouse who initiated the divorce proceedings .
Mandatory participation of guardianship and care institutions
Where one of the spouses lacks legal capacity, a guardianship and care institution must present its opinion to the court concerning the guarantees of the interests of the spouse lacking legal capacity on divorce.
Matters to be resolved by the court in granting divorce
In granting a divorce (lt. skyrybos) the court must resolve matters relating to the residence and maintenance of the minor children, the maintenance of one of the spouses, adjustment of the community property of the spouses, except in cases where the property has been adjusted by the mutual agreement of the spouses certified in the notarial procedure.
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