We both live abroad. Can we divorce in Lithuania?

Often, yes. If you are both Lithuanian citizens, the EU rules give jurisdiction to the courts of your common nationality even if you live elsewhere in the EU. Outside the EU rules, Lithuanian procedural law accepts family cases where at least one spouse is a Lithuanian citizen. Whether it is the best place to divorce is a separate question.

Do I have to come to Lithuania for the divorce?

Not necessarily. You can be represented by a lawyer under a power of attorney. Divorce by mutual consent is often decided in written proceedings, without a hearing, although the court can call one.

Can we choose which country's law applies?

Yes, for the divorce itself. You can choose the law of the country where you both live, where you last lived together if one of you still lives there, of either spouse's citizenship, or of the court hearing the case. The agreement must be in writing, dated and signed by both of you, at the latest when the case starts.

My divorce was granted in another EU country. Do I need to have it recognised in Lithuania?

No special procedure is needed. An EU divorce is recognised automatically, and the Lithuanian civil-status records can be updated on the basis of the judgment.

What about a divorce granted outside the EU?

Lithuanian civil-status records can also be updated on the basis of a final foreign divorce judgment without a separate recognition procedure. Anyone concerned can challenge the entry before the Court of Appeal of Lithuania within a year of learning about it.

Is mediation required?

For contested family disputes in Lithuania, mediation is mandatory before going to court, with exceptions for domestic violence. It does not apply to divorce by mutual consent, where there is no dispute.

International divorce in Lithuania: courts, law, recognition

Three questions, not one

A divorce between countries is really three questions:

Jurisdiction

Which country’s courts can decide the case?

Applicable law

Which country’s law will those courts apply? A Lithuanian court can apply foreign law, and a foreign court can apply Lithuanian law.

Recognition

Will the decision be accepted in the other countries that matter to you: where you live, where your property is, where your marriage is registered?

The same questions come up again for children, property and maintenance, and the answers are not always the same. For example, a Lithuanian court may be able to end the marriage but not decide where the children live, if they live in another EU country.

When can a Lithuanian court hear the divorce?

Inside the EU

Within the EU (except Denmark), a court can hear your divorce if its country is closely connected to your marriage. In plain terms, a Lithuanian court can usually hear it if:

you both live in Lithuania;
you last lived together in Lithuania and one of you still lives here;
the spouse you are divorcing lives in Lithuania;
you apply together and either of you lives here;
you have lived here yourself for at least a year, or six months if you are Lithuanian;
you are both Lithuanian citizens, wherever you live.

The last point is the one Lithuanians abroad most often need. Two Lithuanians living in Ireland or Germany can usually divorce in Lithuania.

Several countries can be available at once. Then the court where a case is filed first usually goes ahead, so timing can matter.

Outside the EU

If no EU country’s courts can hear the case, Lithuanian courts can still hear it when at least one spouse is a Lithuanian citizen, or when both are foreigners living permanently in Lithuania.

Common situations

If you are not Lithuanian and your spouse is, start with our guide for foreign spouses.

You are not Lithuanian, your spouse is, and you both live in Lithuania

A Lithuanian court can hear the divorce, because you both live here. Your nationality makes no difference to the procedure. You can ask for an interpreter at hearings and use English with your lawyer.

You are both foreigners living in Lithuania

A Lithuanian court can hear the divorce, because you live here. You can also agree that the law of either of your countries applies to the divorce itself, if that suits you better.

You live in different countries

For example, one of you in Vilnius and the other in Berlin. Courts in both countries may be available. A Lithuanian court can hear the case if the spouse being divorced lives here, or if the spouse filing has lived here for at least a year, or six months as a Lithuanian citizen. The same logic applies to the German courts. The first court to receive a case usually goes ahead, so compare before filing.

You are Lithuanian, living abroad with a foreign spouse

If you both live in, say, Ireland, the Irish courts are the natural choice. A Lithuanian court could hear the case only on narrower grounds, for example if you return to Lithuania and live here for a year, or six months as a Lithuanian citizen.

You are both Lithuanian, living abroad

You can usually choose: the courts of the country where you live, or the Lithuanian courts, because you share Lithuanian nationality.

Which law applies to the divorce?

Lithuania is one of the EU countries that let spouses choose the law for their divorce. You can agree on the law of:

the country where you both live;
the country where you last lived together, if one of you still lives there;
the country of either spouse’s citizenship;
the country whose court hears the case.

The agreement must be in writing, dated and signed by both of you, at the latest when the case starts.

Without an agreement, the court usually applies the law of the country where you both live. If that does not work, it looks at where you last lived together, then at a shared citizenship, and finally applies its own law.

This choice covers only the divorce itself. Property, children and maintenance have their own rules.

Ways to divorce in Lithuania

By mutual consent in court

You have been married for more than a year and you have agreed on everything that follows from the divorce: property, children, maintenance and surnames. The court checks the agreement and approves it.

By mutual consent before a notary

Possible if, in addition, you have lived apart for more than a year and have no children under 18 together.

At the request of one spouse

Possible on specific grounds, most commonly that you have lived apart for more than a year.

Because of one spouse’s fault

Where the marriage broke down because one spouse seriously breached their duties. These cases take longer and depend on evidence.

When the court ends the marriage, it must also decide where any children under 18 live, contact, maintenance and how property is divided, unless you have already agreed on property before a notary.

Children, property and maintenance

Children

Decisions about children are usually made in the country where the children actually live. If they live abroad, a Lithuanian court may not be able to decide their residence or contact, unless both parents accept it and it is good for the children.

Property

Lithuania does not use the EU rules on spouses’ property, so Lithuanian courts apply Lithuanian rules. Generally, the law of the country where you both live decides how your property is shared. Only Lithuanian courts can decide about real estate in Lithuania, and property abroad may have to be dealt with where it is. See dividing property in several countries.

Maintenance

Usually decided under the law of the country where the person receiving maintenance lives. Parents cannot choose a different law for children under 18. More in our guide on child maintenance when a parent lives abroad.

Will the divorce be recognised?

EU divorces in Lithuania

A divorce granted in another EU country is valid in Lithuania automatically. The Lithuanian civil records can be updated without any extra court procedure.

Non-EU divorces in Lithuania

Lithuanian civil records can also be updated on the basis of a final foreign divorce judgment, without a separate court case. Anyone concerned can challenge the entry before the Court of Appeal of Lithuania within one year of learning about it.

Lithuanian divorces abroad

Within the EU, automatic. Outside the EU, it depends on that country’s rules, so check before choosing where to divorce. For foreign decisions about children or maintenance, see using a foreign court decision in Lithuania.

Practical points

You do not have to travel

A lawyer can represent you under a legal services agreement. Divorce by mutual consent is usually decided on paper, and Lithuanian courts must deal with these applications within 30 days.

Mediation

If you disagree about children or property, Lithuanian law requires you to try mediation before going to court, except in cases of domestic violence.

Documents

Marriage certificate, children’s birth certificates, proof of where you live and any marriage contract. Foreign documents may need a translation and, depending on the country, an apostille. See documents from abroad.

Compare before you file

If more than one country is available, the choice can change the law applied to property and maintenance, and how long the case takes. Since the first court to receive a case usually goes ahead, compare first.

International divorce in Lithuania