Do you always have to go to court to get divorced?
Not always — since 1 January 2023 spouses who have no common minor children and divorce by mutual consent must end the marriage not in court but before a notary, so the myth "divorce always means court" is out of date. The notarial route is available when more than a year has passed since the marriage, the spouses conclude an agreement on the consequences of divorce, and the marriage is registered in Lithuania. The notary-certified agreement takes effect the next business day, without the usual court wait. You must go to court when the spouses have minor children, when the divorce is based on one spouse's fault or is one-sided — there, mutual-consent petitions are examined within 30 days. Most importantly, and often overlooked: the true cost of divorce is not a fee but the division of property, child maintenance and the children's place of residence, which must be agreed in advance, otherwise a quick procedure turns into a long dispute.
📋 The rules
- Childless spouses with mutual consent have, since 2023, divorced before a notary, not in court
- The notary requires: over a year since the marriage, an agreement on consequences, marriage registered in Lithuania
- The notary-certified agreement takes effect the next business day
- With minor children or on fault grounds, the marriage is dissolved only in court
- Mutual-consent petitions in court are examined within 30 days
🔓 Exceptions
- If one spouse objects, divorce can be sought on the other's fault or on de facto separation
- A notary refuses the divorce if a dispute arises over property or consequences — then it goes to court
- A divorce granted abroad is recognised and recorded in Lithuania by submitting documents to the registry
⚠️ Penalties & fines
What matters here is not a state fee but the consequences of divorce for property and children. When dissolving a marriage by mutual consent, you must conclude an agreement on the consequences: how property is divided, whom the children live with, the amount of their maintenance (alimony) and who covers joint debts. Often overlooked: property acquired during the marriage without a prenuptial agreement is common and split in half even if registered in one name, and both spouses answer for joint loans. The notarial route requires paying the notary's fee, while court often means a lawyer and a court fee too; if the essentials are not agreed, a quick procedure becomes a long and costly dispute. Failure to pay child maintenance triggers enforced debt recovery with interest, and the state maintenance fund may temporarily support the child and later recover the money from the debtor.
📎 Official sources
- e-seimas · Civil Code, Arts 3.51–3.54 (dissolution of marriage) →
- Notarų rūmai · notarial dissolution of marriage →
- Registrų centras · recording the dissolution of marriage →
❓ Frequently asked
Can you divorce without going to court?
Yes, since 2023 spouses who have no common minor children and divorce by mutual consent end the marriage before a notary rather than in court. You only need court when there are minor children, a dispute arises, or the divorce is based on one spouse's fault.
What are the conditions for a divorce at a notary?
A notarial divorce is possible when more than a year has passed since the marriage, the spouses have no common minor children, and they have concluded an agreement on the consequences of divorce. The marriage must also be registered in Lithuania, and both people must be legally capable.
How long does a divorce take?
A notary-certified agreement on the dissolution of marriage takes effect the very next business day, so a childless divorce can be arranged very quickly. In court, mutual-consent petitions are examined within 30 days, while a contested case can take considerably longer.
How is property divided in a divorce?
If no prenuptial agreement was made, property acquired during the marriage is treated as joint community property and is usually split in half. Property acquired before the marriage, received as a gift or inherited remains personal, but disputes in practice often arise over jointly used assets.
Do you have to pay alimony after divorce?
Yes, both parents must maintain their minor children, and the amount is set in the agreement or by the court. If alimony is not paid, the debt is recovered by enforcement, and the state maintenance fund may temporarily support the child and later reclaim the money from the debtor.
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