FILING FOR DIVORCE. WHAT YOU SHOULD KNOW
Family Law series
The divorce rate has been constantly increasing in Cyprus and in other European Union countries. Conflict, disagreements, and estrangement are some of the basic reasons which lead a couple to divorce.
The divorce is the legal procedure which officially terminates the ecclesiastical or civil marriage. For some couples, the decision to file for divorce is not mutual and there are often intense emotions from both sides. Our firm opts, through empathy and understanding, to finalize the divorce at a rapid pace for the avoidance of conflicts and of intense emotions.
The divorce application for a couple which has performed a civil marriage ceremony, should be filed to the Family Court of the District in which either one of the spouses resides or works. In the said application all the details regarding the marriage are included, as well as the reasons leading to the marriage breaking down and to the intention to dissolve the marriage.
After the application is filed to the competent according to jurisdiction Court, within a month from the filing date, the case will be set for instructions. The application that has been filed, shall be serviced to the other spouse, in order for the other spouse to be informed that the marriage dissolution has been requested and if the other spouse wishes, he/she should appear in Court, either in person or represented by a lawyer on the date that the case has been set, and for the other spouse to file if he/she wishes an objection to the divorce application.
In case that no objection is raised, the lawyer will appear in Court on the date that the application is set for instructions and will request a hearing date of the application (usually is set within a month from the date the application is set for instructions).
On the date that the application is set for a hearing, the lawyer will escort you to Court, where you will state before the Court, with the assistance and direction of your lawyer, the grounds on which you request the dissolution of your marriage. Your lawyer will ask the Registrar of the Family Court to draft the Divorce Decree for the marriage dissolution which will be issued on the same day. When the Divorce Decree for the marriage dissolution is drafted and issued, it must be then serviced to the former spouse.
If 42 days pass and no appeal is filed from the former spouse, then the Divorce Decree is rendered final.
For the dissolution of an ecclesiastical marriage, the divorce process is the same as it is with a civil marriage. The only difference is that three months prior to the filing of the divorce application, a notification must be sent to the relevant Bishop of the Greek Orthodox Church of Cyprus, of the of the respective church district where the spouse resides. The notification should state the wish to dissolve the marriage and the grounds of the marriage dissolution.
When the three months pass following the receipt of the notification from the Bishop, the spouse who wishes to proceed with the dissolution of the ecclesiastical marriage has the right to file the application to the competent by jurisdiction Family Court for the dissolution of the ecclesiastical marriage. In the said application all the details regarding the marriage are included, as well as the reasons leading to the marriage breaking down and to the intention to dissolve the marriage. The procedure that will follow is the same as the one followed in the situations of civil marriage described above.
Article on the same series
Grounds for Divorce
Irretrievable Damage of The Marriage
Obligation of Parents for Child Support after adulthood
Amendment of Child Support Order
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