In the republic of Armenia the dissolution of marriage can be carried out in court or in the civil registration authorities.
Through the Civil Status Registration authorities the dissolution of marriage is applicable if there is joint application for divorce signed by both spouses. One of the spouses can apply for the divorce through the Civil Status Registration authorities, if the second spouse: is recognized missing by the court; is recognized legally incapable by the court or is convicted to imprisonment for the period of no less than 3 years.
The judicial procedure is more complicated route and applies when the spouses have a child or children aged under 18 and want to clarify alimony or child custody matters; have an joint asset or assets to share; when one party contests the divorce or is unwilling to lodge a joint divorce petition. The court examines the case only within the filed demands. It means that if spouses have children but within the divorce procedure do not raise the alimony or child custody questions, the court does not make a decision about these matters.
Who can get a divorce in Armenia?
In the Republic of Armenia to apply to a court for a divorce, is possible
• if both spouses hold Armenian citizenship /regardless of their residency place/,
• if one spouse holds Armenian citizenship and the other is a foreign citizen or a stateless person,
• in other cases prescribed by international agreements;
Restrictions on divorce in the Republic of Armenia.
The court will not examine the claim or it will be dismissed if outside of Armenia the matter was already dealt with and it was recognized in Armenia, as long as they meet the legal requirements of the country that they took place and don’t contradict any of the principles of Armenian family law; the matter is in process; the defendant is pregnant unless she agrees to it or has filed the divorce herself.
Rights and responsibilities during judicial proceeding.
The spouse who has been served with the divorce claim must lodge a respond to the claim within the two weeks period. If there are circumstances that exclude the examination of the claim or exclude its approval the respond to the claim should contain this information. If the divorce/dissolution petition is properly served on the respondent, and he or she doesn't answer it, the court will likely assume that the respondent agrees to the divorce on the terms that the filing spouse set in the petition.
If the respondent is against the divorce he/she has the right to ask the court to provide them up to three months period for reconciliation. If the spouse initiating the divorce after expiring the reconciliation period insists on his/her own claim, the court makes a divorce judgement.
Once a judgment is published, either or both spouses can appeal a trial court judge's decision to a higher ("appellate" or "appeals") court within a one-month period, although it is rare for an appeals court to overturn a the judgement in the divorce cases.
The marriage shall be deemed to terminate on the date of the Civil Status Registration authority makes a relevant note in the Civil Acts on the basis of the judgment. For this the application must be submitted by the party (or his/her POA) at the end of which a divorce certificate will be granted.
Contact the iLex law firm to schedule an initial appointment to discuss you case with an experienced divorce attorney.