How is the process of divorce being proceeded?
Latvia is a member of the EU. On the basis of EU legislation, with the mutual desire of both spouses to file for divorce, a divorce proceeding must take place in the country which is the residence of one of the parties.
In the event that the spouse (or spouses) has a permanent place of residence in the territory of the Republic of Latvia, the divorce can be formalized on the basis of existing regulations in Latvia. The approved normative acts allow spouses to undergo an accelerated divorce proceedings with a joint application.
Spouses must solve the most important issues before the beginning of the dissolution of marriage: on the sharing of jointly acquired property, on the care of children under age, etc. In the event that they have reached an agreement, or they do not have, neither children nor jointly acquired property, the marriage will be considered terminated after one calendar month. Legal Bureau INLAT PLUS International will provide comprehensive legal support in the process of divorce.
According to the current legislation, in Latvia marriage can be terminated in two ways:
At the sworn notary
In accordance with the Rules of the Cabinet of Ministers, a notary fee for the divorce proceedings must be paid to a notary public in the amount of EUR 100-120 (in addition, other costs may arise, taking into account the circumstances of each case). Divorce proceedings at the notary, in comparison with the divorce proceedings in court – are much easier, faster and cheaper. The main condition for a divorce from a notary is that both spouses agree to a divorce, there is no disagreement between them regarding the care of a child under age, maintenance and sharing of joint property, in this case a written agreement is concluded.
Spouses have the right to make the above-mentioned agreement themselves, however, it is recommended to seek the help of professionals. The notary begins divorce based on a notarized statement of both spouses. The couple must go to the notary together and file a joint application for divorce. In advance, the spouses do not need to make a statement, the statement will be made and the notary himself will assure. After the application for divorce has been filed and all the necessary documents have been submitted, the notary starts the divorce procedure.
Spouses are given time for reflection within 30 days, counting from the date of the beginning of the divorce, each of the spouses has the right to withdraw the application for divorce. If the notary, in the above-mentioned 30 days, does not receive a response from one of the spouses, the marriage will be terminated and a certificate of divorce will be prepared and the notary will notify the registry office where the marriage or church had been concluded (priest of the parish). After the divorce, the notary must issue a certificate of divorce. In the event that the spouses could not agree on the care of the child under age, alimony and the sharing of joint property, the marriage can be terminated only in court proceeding.
Spouses appeal to the courts if they cannot find a compromise during the divorce proceedings. In this case, the divorce is carried out based on a court decision. Nevertheless, it should be noted that the process of divorce in court takes much time, because the court sets a hearing date, hears the parties’ explanations and decides on divorce or postpones divorce, and in some cases determines the time for reconciliation. Before filing a lawsuit in court, you must pay a state duty of EUR 145. Also it is necessary to pay expenses, which are connected with the consideration of the case in court in the amount of EUR 3,20.
The claim is submitted to the court, according to the declared place of residence of the defendant (the second spouse). The court terminates the marriage, on the basis of filing a lawsuit by one of the spouses, if the marriage has disintegrated, and the spouses have lived separately for at least three years, they do not have a joint household and one of the spouses does not want to restore it. Also in the lawsuit, it should be specified at what point the spouses do not live together, whether the second spouse agrees to dissolve the marriage, whether the spouses have agreed on the care of the child under age, alimony, on the sharing of common property or apply for it.
The court, in accordance with the established procedure, can also terminate the marriage if the spouses live separately for less than three years. After the court decision on divorce comes into force, a copy of the decision is sent to the registry office, where a marriage or church (parish priest) was concluded, as well as given to former spouses.
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