In a divorce, to minimise the emotional distress that inevitably comes with the process and to minimise financial and other material losses, you need the legal support of a lawyer who specialises in divorce proceedings.
The law provides for divorce both in court and out of court.
The legal relationship between spouses ends upon the following legal facts:
- the death of one of the spouses;
- one of the spouses being declared dead by a court;
- divorce.
Divorce in court.
If both spouses agree to the divorce, the court does not examine the reasons for it and limits itself to establishing that the marital relationship has ended, while also taking measures to protect the interests of minor children. At the request of the spouses, divorce cases may be heard in a closed court session.
A marriage dissolved in court is considered terminated from the day the court decision enters into legal force.
Legal consequences of divorce:
- divorce in Armenia terminates the personal and property relations of the spouses;
- upon divorce, a spouse may, at their request, resume their pre-marriage surname;
- the spouses divide the property acquired during the marriage, either in court or by mutual agreement;
- in certain cases provided by law, a former spouse is entitled to alimony in Armenia.
Divorce proceedings are opened by the court on the basis of a statement of claim filed by one of the spouses in the prescribed manner. As a general rule, the claim is filed with the local court at the defendant's registered place of residence or stay.
If the claimant supports young or minor children, or cannot travel to the defendant's place of residence for health or other valid reasons, the claim may also be filed at the claimant's registered place of residence or stay. By agreement of the spouses, the case may be heard by the court at the registered place of residence or stay of either of them.
In certain circumstances a divorce claim cannot be filed:
- during the wife's pregnancy or until the child reaches one year of age, unless paternity of the conceived child has been acknowledged by another person;
- when, by court decision, information about the man as the child's father has been removed from the child's birth record;
- if the interests of a spouse declared legally incapable so require.
Despite the above circumstances, a claim may be filed if one of the spouses has committed an unlawful act with the elements of a crime against the other spouse or the child. A guilty verdict of the court is not required for this.
A divorce claim during the wife's pregnancy may be filed if paternity of the conceived child has been acknowledged by another person in the prescribed manner, by filing an application for acknowledgement of paternity.
Divorce at the civil registry office in Armenia:
Out of court, in an administrative procedure, a marriage is dissolved by the civil registry office if both spouses consent to the divorce. The registry office does not examine the reasons for the divorce; its role is limited to registering it. The ground for divorce is a joint application of the spouses, which does not state the reasons.
If one of the spouses cannot attend the registry office in person, they may sign a separate application with a notarised signature, while the other spouse files the application at the registry office at the place of residence of the spouses (or one of them) or at the place where the marriage was registered.
A marriage is dissolved by the civil registry office at the request of one spouse if the other spouse:
- has been declared missing by a court;
- has been declared legally incapable by a court;
- has been sentenced to imprisonment for more than three years.
A property dispute between the spouses cannot prevent a divorce. Property and other disputes that exist at the time of divorce may be resolved by the courts of general jurisdiction on a claim filed by one of the spouses (see division of marital property).
Issues that arise in a divorce in Armenia:
- the procedure for terminating a marriage by divorce;
- divorce at the civil registry office at the request of one spouse;
- recognising a marriage as fictitious and dissolving it;
- divorce in court at the request of one spouse;
- divorce in court on a joint application of spouses who have children;
- the right to choose a surname after divorce;
- divorce with a foreign citizen and translation of documents for the court;
- the procedure for state registration of divorce, and more.