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Divorce After Two Years Of Separation

The cases of married couples, that decide to put an end to their living together and terminate their marriage, are becoming increasingly frequent nowadays. This decision is a result of their actual alienation and their relationship breakdown. In accordance with article 1438 of the Civil Code, the marriage is terminated after a divorce, which is issued with a final judicial decision. Divorces can be issued either with an adversarial procedure or on the basis of consensus.

In article 1439 (3) of the Civil Code the separation of the spouses that lasts for two years is considered to be an irrebuttable presumption of  the strong crisis of their marriage and therefore constitutes a sufficient reason for a divorce. The spouses are separated, within the above meaning, when they are psychologically alienated, they do not have a substantial communication and relationship, they do not act as a couple neither they discuss and deal with family problems together. On the contrary, they do not want to share their lives, they want to end their marriage and act as individuals. All the above, may be happening either if they still live in the same house, but really apart, or if one or both of them have left the spousal house.

So, the law intends to cover the above cases of spouses who although have not taken actions to end their marriage or do not wish to follow an adversarial procedure, are really separated, within the above defined meaning. The law recognizes that the maintaining of this situation for a long time has weakened the marriage, that can be terminated for this sole reason. A separation that lasts for two years is considered to be an irrebuttable presumption of the strong crisis of the marriage and a sufficient condition for a divorce in accordance to article 1439 (3) of the civil code.

According to the above article each of the spouses can address the competent court and ask for a divorce, provided that they can prove the actual situation of the two-year separation. Each of the spouses has this right, regardless of the fact that their alienation was possibly a result or fault of his/her behavior and regardless of the fact that he/she is the one who has left the spousal house. The separation is not affected by small interruptions for social reasons or by the ultimate effort of the spouses  to save their marriage.

In case there is a steady intention of ending the marriage for two years the court is obliged to issue a divorce decision. Finally, the two-year separation  is not needed to be completed at the time of the lodge of the divorce application, but it can be completed on the date of the hearing in court. The Court of First Instance of the defendant’s residence or the last spouses’ common  place of residence is the competent court for the above divorce cases.

Mrs’ Kasatkina-Kouskou Law Office handles cases of spouses who wish to get a divorce after a two-year separation. With the strength of our solid experience, we provide you with legal advice on the conditions of the divorce and on maintenance and custody of your minor children issues and we take on the implementation of the divorce procedure from the application lodge and the gathering of the requisite supporting documents to the final stage of the hearing of the case. We deal with your divorce and the various procedural concerns, taking prompt action and  being sensitive towards the specificities of your case, so that your marriage is terminated without any suffering or delay.


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