Will I be treated fairly?
Yes. A Lithuanian court applies the same rules to you as to your spouse. Mothers and fathers have equal rights, whether or not they are Lithuanian. Decisions about children are made on what is best for the child, not on the parents’ passports.
What does matter is evidence. Who takes the children to school and to the doctor? Where are they settled? What can each parent realistically offer? A foreign parent with a clear, practical plan is in a strong position.
What about the language?
Lithuanian courts work in Lithuanian, but you do not have to. You have the right to an interpreter at hearings, paid by the state. Documents for the court must be in Lithuanian, and a lawyer can explain everything to you in English and prepare your documents in Lithuanian.
If you live abroad and receive papers you cannot read, see our guide on court papers from Lithuania. Do not ignore them: deadlines run from the day you receive them.
Where should we divorce?
It depends mainly on where you both live, not on your nationalities.
- If you both live in Lithuania, a Lithuanian court can hear the divorce.
- If you both live in your country, its courts are usually the natural choice.
- If you live in different countries, courts in both may be available, and the first one to receive a case usually goes ahead.
You can also agree in writing which country’s law applies to the divorce itself, within set limits. The full rules, with examples, are in our guide on international divorce in Lithuania.
What if my spouse has moved back to Lithuania?
This is a common situation: the family lived in your country, the Lithuanian spouse returns home, and some months later divorce papers arrive from a Lithuanian court.
Under EU rules, a spouse who is a Lithuanian citizen can file for divorce in Lithuania after living there for six months. A non-Lithuanian has to wait a year. So your spouse may be able to divorce in Lithuania even though your married life was elsewhere, while you could still file in your own country in the meantime. The court that receives a case first usually goes ahead.
If you expect this, take advice early about where it is better for you to divorce. The children’s case is different: it usually stays with the courts of the country where the children actually live, even if the divorce is heard in Lithuania.
What happens to our children?
This is usually the biggest question, and the answer depends on where the children live now.
If the children live in Lithuania
, Lithuanian courts will usually decide where they live and how much time they spend with each parent. See child custody in Lithuania. If you live or plan to live abroad, see seeing your child in Lithuania when you live abroad.
If the children live in your country
, its courts will usually decide. Your spouse cannot simply move them to Lithuania. Taking children abroad permanently needs the other parent’s agreement or a court decision.
If your spouse has already taken the children to Lithuania
without your agreement, act quickly. See international child abduction and how a return case works in Lithuania.
If you want to move from Lithuania to your country with the children
, you need your spouse’s written consent or a Lithuanian court’s permission. See moving abroad with a child from Lithuania.
What happens to our property?
Lithuania has its own rules on which country’s law decides how spouses’ property is shared. Generally, the law of the country where you both live applies, unless you chose another law in a marriage contract. Under Lithuanian law, what either of you acquired during the marriage is usually shared equally, even if it is registered in one name.
Real estate in Lithuania can only be dealt with by Lithuanian courts. Property in your country may need to be dealt with there. See dividing property in several countries.
Maintenance for the children
Both parents must support their children, wherever they live. A child can usually claim maintenance in the country where the child lives, under that country’s law, and EU decisions can be enforced across borders. See child maintenance when a parent lives abroad.
Your right to live in Lithuania
If you live in Lithuania on a residence permit based on your marriage, divorce may affect it. The answer depends on the type of permit and how long you have lived here. Check your position with the Migration Department or a lawyer before you file for divorce, so that the timing does not work against you.
An example
Marco, an Italian, married Agnė in Vilnius. They have two children, aged five and eight, and have lived in Vilnius for six years. The marriage has broken down, and Agnė wants the children to live with her.
The divorce and the children’s case are heard in Vilnius, because the family lives there. Marco has an interpreter at hearings and a lawyer who explains each step in English. His nationality plays no role; what counts is his relationship with the children and his plan for their care. If he later wants to move back to Italy with the children, he will need Agnė’s written consent or a court’s permission.
Where to start
- Write down where each of you and the children have lived in the last few years.
- Gather your marriage certificate, the children’s birth certificates and any agreements you have made.
- If children are involved and one of you may move abroad, get advice before anyone moves.
- Read the guide for your main concern, linked above.