Family cases, dissolution of marriage (divorce), etc…

According to the law, marriage is a legal cohabitation, which is founded on the moral and legal equality of spouses, on the feeling of love, respect and mutual understanding as the basis of family unity. Marriage and family enjoy the special protection of the state.

Marriage in the Republic of Albania can be legally dissolved in two ways:

  • By agreement between the spouses, ie when both spouses have agreed to terminate the marriage by agreement and this agreement is formalized as a draft agreement, which should regulate all the consequences of the dissolution of marriage.
  • At the request of one of the spouses, ie each of the spouses can request in the competent court the dissolution of the legal marriage in cases when, due to constant quarrels, ill- treatment, insults, breach of marital fidelity, incurable mental illness, and for any other reason that causes cohabitation to become impossible and thus the marriage itself has lost its purpose for the plaintiff spouse or for both spouses.

In the first case, the request for dissolution of marriage is submitted to the court together with the draft agreement. The court first hears each of the spouses separately, then hears them together and after this moment invites the defense counsel of each spouse to the discussion. It should be borne in mind that each spouse shall have their own legal counsel.

The case of dissolution of marriage at the request of one spouse is the most used form in our practice and the most classic form, as most marriage dissolutions are made this way.

In the dissolution of marriage in this form, the court according to the law, in the first session conducts the reconciliation session, where it is mandatory for the plaintiff to participate. In case the respondent does not appear, the reconciliation session is postponed to another date in order to give the respondent the opportunity to participate in this hearing. If the respondent does not appear even after the second notification, the court continues with the process of dissolution of marriage in the absence of the respondent.

We clarify that with the dissolution of marriage, some other requirements are fulfilled which regulate the consequences of dissolution of marriage which are: entrusting for upbringing and educating of minor children to one of the parents, payment of alimony to minor children, payment for education and upbringing of children , living expenses of the needy spouse, use of the surname after dissolution of marriage (by keeping the marital surname, or taking back the maiden name), as well as the liquidation of the marital property regime.

The above service is offered by the lawyer with high professionalism and experience, making sure that no right is lost in these types of sensitive and delicate processes.

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