Divorce

Divorce by mutual consent is the most efficient and cost-effective legal route to terminate a marriage. This procedure is available to couples both with and without minor children, provided there is full agreement between the parties regarding the division of property, the fulfillment of financial obligations, the child’s place of residence, maintenance (alimony), and the parenting schedule.

Opting for divorce by mutual consent allows parties to avoid the time-consuming and costly litigation process associated with contested divorce proceedings. Through legal consultation, our family law specialists assist both parties in reaching a clear, legally sound agreement, preparing all required documentation, and ensuring that the process proceeds without unnecessary complications.

If the couple does not have minor children and has not shared a household for more than one year, the marriage can be dissolved through notarial procedure. In cases where there are minor children or the spouses continue to cohabit, divorce by mutual consent must be formalized by court approval.

We prepare a comprehensive agreement on the legal consequences of divorce, which formalizes all mutually agreed terms. This agreement not only expedites the dissolution of the marriage but also minimizes the risk of potential disputes in the future.

Choosing divorce by mutual consent is an investment in legal clarity, emotional balance, and long-term financial stability.

In some cases, the dissolution of a marriage becomes unavoidable due to the fault of one or both spouses. Such divorces are typically initiated in court at the request of one spouse — either when the other party does not consent to the divorce, or when cohabitation has become impossible due to serious misconduct by one of the spouses.

Divorce on the grounds of infidelity, domestic violence, substance abuse, or other substantial breaches of marital duties is legally and emotionally complex. The burden of proof lies with the spouse initiating the proceedings. In these cases, it is often necessary to collect and present admissible evidence of the other spouse’s unlawful conduct — such as acts of physical or psychological abuse, unfaithfulness, or other actions detrimental to the marital relationship.

It is important to note that divorce may also be granted due to the mutual fault of both spouses. This occurs when the court determines that both parties have materially contributed to the breakdown of the marriage — whether through reciprocal breaches of marital duties, mutual infidelity, or persistent disrespect and misconduct.

Divorce initiated by one spouse or pursued due to the fault of the other is often a highly contentious and multifaceted process. Beyond the dissolution itself, such proceedings are frequently complicated by disputes over property division, child custody, maintenance, and visitation arrangements. Additional authorities — such as child welfare services, law enforcement, or court bailiffs — may become involved, intensifying the emotional pressure on both parties. In cases where fault is established, the aggrieved spouse may seek compensation for non-pecuniary (moral) damages.

Given the emotional and psychological toll, it is essential to have legal representation that is not only procedurally sound but also personally supportive. A well-structured legal strategy is critical to maintaining clarity, protecting rights, and achieving a favorable outcome.

At Prevence Law Firm, our family law practitioners provide comprehensive legal counsel in cases of divorce due to infidelity, unilateral divorce requests, or proceedings where both spouses are found to be at fault. We assist clients in preparing for the legal process, gathering and presenting relevant evidence, and ensuring their interests are effectively represented in court.

Divorce through notarial procedure is the fastest and least burdensome way to legally terminate a marriage when the spouses do not have minor children in common and have not cohabited for more than one year. This process is particularly convenient for couples who have lived separately for an extended period and have already reached a final agreement on the division of property and financial obligations.

To proceed with a divorce through a notary, the spouses must prepare an agreement on the legal consequences of divorce. This agreement must clearly define how the marital property will be divided and how any financial obligations — particularly those involving joint creditors — will be fulfilled. If the spouses have common creditors, they are required to notify them of the planned divorce and obtain either their approval or objections regarding the terms of the agreement.

It is important to note that a notarial agreement on the consequences of divorce may be amended by mutual agreement through a notarial procedure if there is a significant change in circumstances. Alternatively, it may be amended by court decision if it is found to violate the principle of equality between spouses or is deemed grossly unfair to one party. Additionally, the notarial confirmation of the agreement may be completed remotely, without the physical presence of the spouses, which is particularly advantageous when one spouse resides abroad or is unable to attend the notary’s office in Lithuania.

Prevence Law Firm offers comprehensive consultations on all matters related to divorce through a notary. Our attorneys assist in preparing the agreement on the consequences of divorce and ensure seamless coordination of documentation with the notary.