Divorce How To Prepare For The Process
Divorce can be a challenging and emotional process, particularly when navigating the legal requirements in a foreign country. Those going through the process in Greece are required to follow specific procedures, and it is essential to understand the grounds for divorce, support requirements, and recognition of Greek divorce decrees in other countries. By understanding the legal requirements and procedures involved, individuals can better prepare for the process and protect their rights and interests. This article aims to provide an overview of the Greek divorce process, including the grounds for divorce, child custody, mediation options, financial preparation, emotional preparation, and self-care during the process.
By following the steps outlined in this article, individuals can better prepare themselves for the complexities of the divorce process and ensure they have the necessary tools and support to navigate it successfully. Whether you are considering divorce or are already in the process, this article will provide valuable insights and guidance to help you prepare and protect your interests.
Grounds for Divorce
The new Family Code in Greece provides three grounds for divorce, including disruption of the marital bond, absence, and common consent, each of which can be applied for by either spouse, as outlined in the Greek Civil Code. The first ground for divorce is based on the disruption of the marital bond, which can be justified by bigamy, adultery, or desertion. In this case, either spouse can apply for a divorce against the other, even if they are responsible for the separation. The second ground for divorce is absence, which allows either spouse to apply for a divorce if the other party has disappeared and their absence has been established by a court ruling.
Finally, the third ground for divorce is common consent, which can only be granted if the marriage has lasted at least six months. Both parties who wish to dissolve their marriage are required to submit a written agreement signed by both parties and their attorneys. It is important to note that the grounds for divorce in Greece are based on a court ruling, and the process can be complex. Therefore, it is advisable to seek the guidance of a legal professional to prepare for the process. An experienced lawyer can help navigate the legal system, draft necessary documents, and provide guidance on how to approach the process in a way that is fair and equitable for both parties.
Disruption of Marital Bond
Grounds for dissolution of marriage based on disruption of the marital bond are established by law in Greece and can be applied by either spouse if the separation has lasted for four years and is based on grounds of bigamy, adultery, or desertion. The charge of disruption of the marital bond can also be applied by the spouse responsible for the separation. This legal provision ensures that the affected spouse is not denied the opportunity to seek a divorce even if the other spouse is responsible for the separation.
It is important to note that the disruption of the marital bond is a valid ground for divorce only if the marital bond is irretrievably broken. The court will examine the circumstances of the separation to determine if there is any possibility of reconciliation. If the court finds that the marriage can be saved, it may postpone the divorce proceedings. However, if the court finds that the marriage cannot be saved, it will issue a divorce decree. The decree will regulate the custody of the children, the distribution of the assets, and the payment of alimony, if applicable. If one spouse seeks a divorce based on disruption of the marital bond, the other spouse has the right to contest the charge. The contested divorce proceedings can be lengthy and costly.
Therefore, it is advisable for both parties to seek legal counsel and attempt to reach an agreement on the terms of the divorce. The written agreement should include the division of the assets and debts, the custody and visitation rights of the children, and the payment of alimony, if applicable. A written agreement signed by both parties and their attorneys is required for a divorce based on common consent.
Absence of Spouse
Establishing the absence of a spouse through a court ruling is one of the grounds for dissolution of marriage in Greece. This is a situation where one spouse has disappeared without any communication or contact for a long period of time. In such a case, the remaining spouse can apply for a divorce. However, it is important to note that the court ruling must establish the disappearance of the other party before granting the divorce. To establish the absence of a spouse, the remaining spouse must provide evidence to the court. This can be in the form of witness statements, correspondence, or any other relevant documentation. The court will then investigate the matter and determine whether the other party has indeed disappeared.
It is important to note that if the other spouse is found to be living, then the application for divorce on the grounds of absence will be rejected. If the court grants a divorce on the grounds of absence, the remaining spouse may be entitled to alimony. This is especially true if the remaining spouse has the responsibility to raise a minor child and thus cannot work. The right for alimony would end if the beneficiary remarries or lives together in a free relationship with another person. It is important to note that the Greek divorce decree must meet the procedural requirements of the particular state in the United States in order to be recognized by that state, since there is no bilateral divorce agreement between Greece and the United States.
Common Consent
Parties who wish to dissolve their marriage in Greece may do so through the grounds of common consent. This method requires a written agreement signed by both parties and their attorneys, and may include provisions for child custody. However, this agreement must be submitted to the court and a judge will review the agreement to ensure that it is fair and legally binding. If the judge finds that the agreement is not in the best interest of the children or that it violates any laws, the divorce may not be granted.
It is important to note that the court will only issue a divorce on the grounds of common consent if the marriage has lasted at least six months. Additionally, both parties must be in agreement and there should not be any coercion or duress involved in the decision to divorce.
If either party is not in agreement, this method cannot be used and the parties must pursue other grounds for divorce. It is also important to have competent legal representation to ensure that the agreement is fair and in compliance with Greek law. The grounds of common consent provide an alternative method for parties who wish to dissolve their marriage in Greece. However, this method requires a written agreement that must be reviewed by a judge to ensure that it is legally binding and fair to all parties involved. It is important to have competent legal representation to ensure that the agreement is in compliance with Greek law and that the interests of all parties, including any minor children, are protected.
Child Custody
Child custody arrangements after a divorce in Greece involve determining which parent will have primary physical custody and how visitation rights will be allocated. The court will take into consideration the best interests of the child, including the child’s age, health, emotional ties to each parent, and any special needs. In general, the court will strive to maintain a relationship between the child and both parents, unless there is evidence of abuse or neglect. If the parents are unable to come to a mutual agreement regarding child custody, the court will make the final decision. In such cases, the court may appoint a psychologist or other expert to evaluate the family and make recommendations to the court. The court may also order mediation as a means of reaching an agreement between the parents. Ultimately, the court’s decision will be based on what it deems to be in the best interests of the child.
It is important to note that child custody arrangements can be modified by the court if there is a significant change in circumstances, such as a parent’s relocation or a change in the child’s needs. In addition, the court may order child support payments to be made by the non-custodial parent to the custodial parent in order to provide for the child’s needs. Overall, the goal of the court is to ensure that the child’s well-being and interests are protected and that both parents are able to maintain a meaningful relationship with the child.
Alimony Eligibility
Eligibility for alimony in Greece is determined based on certain circumstances, such as age, health, and employment opportunities. If a spouse is unable to start or continue their profession due to age or health, they have the right to request alimony. Additionally, if a spouse has the responsibility of raising a minor child and cannot work, or if they cannot find employment until they complete some educational training, they may also be eligible for alimony. It is important to note that the right for alimony ends if the beneficiary remarries or lives together in a free relationship with another person. The alimony must be paid in cash every month unless another agreement is reached.
If a spouse believes they are eligible for alimony, they should consult with a lawyer to determine the appropriate steps to take in order to request it. Overall, the Greek government has established guidelines for determining alimony eligibility in divorce cases. These guidelines take into account various factors, such as age, health, and employment opportunities, to ensure that both parties are treated fairly. If a spouse believes they are eligible for alimony, they should seek legal advice to determine the appropriate steps to take in order to request it.
Factors for Alimony
Considerations for determining the amount and duration of alimony in Greece depend on various factors. One of the most important factors is the duration of the marriage. The longer the marriage, the higher the chance that alimony will be awarded. This is because the spouse who earned less or did not work at all during the marriage may have sacrificed their career opportunities to support the family. Another important factor is the income and assets of both spouses. The court will examine the financial situation of each party to determine if one party has a greater ability to pay than the other.
If one spouse has significantly higher income or assets than the other, they may be ordered to pay more in alimony. The standard of living established during the marriage is also Mediation can be a good option for couples who are able to communicate effectively and are willing to work together to find a solution. It can be particularly beneficial for couples with children, as it allows them to work together to create a parenting plan that meets the needs of their family. Mediation is usually less expensive than going to court, and can be faster as well.
Additionally, it allows the couple to have more control over the outcome of their divorce, rather than leaving it in the hands of a judge. It is important to note, however, that mediation may not be appropriate for all couples. If there is a history of domestic violence, for example, mediation may not be safe. Additionally, if one spouse is unwilling to participate in the process or is not willing to compromise, mediation may not be successful. Ultimately, it is up to the couple to decide if mediation is the right option for them, and to seek the advice of a qualified attorney if they are unsure.
Financial Preparation
Financial planning is a crucial aspect that couples should consider when contemplating the dissolution of their marriage. Divorce proceedings can be a lengthy and costly process, and it is important for couples to prepare themselves financially for the changes that may occur. One of the first steps in financial preparation is to gather all of the necessary financialdocuments, such as bank statements, tax returns, and investment accounts. This will provide a clear picture of each spouse’s financial situation and help to determine the division of assets and liabilities. In addition to gathering financial documents, it is also important for couples to consider the cost of legal fees and other expenses associated with divorce proceedings.
Couples should research the cost of hiring a divorce attorney and factor this into their budget. They may also consider alternative methods of dispute resolution, such as mediation or collaborative divorce, which can be less expensive than traditional litigation. Planning for these expenses in advance can help to reduce stress and uncertainty during the divorce process. Couples should also consider the impact of divorce on their future financial stability.
This may include changes to income, housing, and retirement savings. It is important to consult with financial professionals, such as a financial planner or accountant, to develop a plan for managing these changes and ensuring long-term financial security. Taking these steps to prepare financially can help to minimize the negative impact of divorce and promote a smoother transition to a new chapter in life.
Frequently Asked Questions
How long does the divorce process typically take in Greece?
The divorce process in Greece can take several months to a year, depending on the complexity of the case and the workload of the court. There is no set timeline for finalizing a divorce in Greece.
Can a divorce be granted if one spouse does not agree to it?
Yes, a divorce can be granted in Greece even if one spouse does not agree to it. The grounds for divorce include disruption of the marital bond, absence, and common consent, with different requirements for each.
Are there any alternatives to going to court for a divorce in Greece?
In Greece, divorce can only be granted through a court ruling based on specific grounds, including disruption of the marital bond, absence, or common consent. There are no alternatives to going to court for a divorce.
How can I protect my assets during the divorce process?
Assets can be protected during a divorce in Greece through a prenuptial agreement or by proving that they were acquired before the marriage. Gifts and inheritances may also be exempt. It is recommended to seek legal advice.
Conclusion
In conclusion, navigating the divorce process in Greece can be challenging, but understanding the legal requirements and procedures involved can help individuals better prepare and protect their rights and interests. Divorce is only granted through a court ruling, and there are three grounds under which it can be issued. Child custody and support requirements are also an important consideration. Mediation options can be explored to potentially simplify the process, and financial and emotional preparation is crucial. Practicing self-care during the process is also important for individuals to manage their emotional well-being.
Overall, the divorce process in Greece requires patience, understanding, and careful consideration of all legal and emotional aspects involved. By seeking legal advice and support, individuals can better navigate the process and protect their rights and interests. It is important to be prepared for the challenges that may arise during the process, but with the right mindset and support, individuals can move forward and create a positive future for themselves and their families.
Deuteraiou Anna and Associates Law Office.
39 Stadioy Street, Athens, Greece
6980559751