I

In the case of the divorce proceedings through the court, in accordance with the presumption fixed in the Civil Law, if the spouses live separately (including not having common household being in the same property) for more than 3 years, the marriage is considered to be dissolved. If this period is less, filing a divorce through the court, the court takes into account the existing situation and the provisions specified in the law, namely:

• If there is violence against a spouse who wants a divorce, his or her child or their common child;
• If the second spouse agrees to a divorce;
• If one of the spouses already lives with a new partner and during that period a child is born or is expected.

In other cases, the court assesses the possibility of divorce, the arguments and evidence of the parties.

Basically, the divorce process in court is chosen in cases where there are disputes about the child’s guardianship, the right to meet a child, the amount of alimony and / or division of joint property, or if the second spouse does not agree to divorce. In accordance with the Civil Law, the court does not decide on the dissolution of the marriage until the parties decide on aforementioned issues.

In order to file a divorce lawsuit in court, it is necessary to determine which court will belong to this lawsuit, and also, it is required to know the declared, or the actual or last address of the defendant. The court, accepting the claim for the review, checks the information on the address of the defendant in the Register of inhabitants. If the address of the defendant is unknown, the lawsuit can be filed at its declared or actual address. If one of the parties files a lawsuit about the dissolution of the marriage and the recovery of alimony for the child, and the child lives with the latter, the lawsuit is filed with the court at his place of residence.

Of course, there are cases when the party wishing to dissolve the marriage does not have a declared address in Latvia, since it is declared abroad, does not know the address of the defendant, or the residential address of the defendant is also located abroad. In such cases, there is a provision in the Civil Procedure Law that gives a party the right to file a lawsuit in any court in Latvia of its choice, if it complies with international and European legal norms.

The divorce process through the court is quite a long and time-consuming process. On average, the first court hearing is appointed in the aisles of 2-6 months from the moment a lawsuit is filed with the court. The divorce process can take from six months to 1 year, depends on the participation of the parties in court, as in the divorce process the presence of both parties is necessary, and whether one of the parties is delaying consideration of the case with intent. On average, the court considers divorce for 2 court sessions, taking into account that both parties participate in the trial. In the event that the second party is not in court for valid or not valid reasons, the court may decide to postpone the consideration of the case. If the second party is not present at the second court hearing, the court, having heard the opinion of the participant, may decide to consider the case unilaterally without the participation of the second party.

If the second party does not appear at the court session, if he does not agree to dissolve the marriage, it does not mean that the court will not dissolve the marriage. Usually, non-attendance at the court session on the contrary contributes to the dissolution of the marriage, since the court, for objective reasons, cannot know the opinion of the second party, and is based on the arguments, explanations and evidence of the claimant.

II

The divorce process through the notary considered as more faster and more simple process. A notary may dissolve the marriage if there are no disputes between the parties regarding the dissolution of the marriage, custody of the child, rights to meet a child, the amount of alimony and division of joint property. Divorce in this order is called the indisputable divorce proceeding, as the parties agreed on everything before dissolving the marriage.

Divorce through a notary is possible if both spouses have Latvian affiliation (including non-citizens), or in the case of foreign divorce, if at least one of the spouses has a permanent place of residence in Latvia. It is important to note that the presence of the declared address is not considered a permanent place of residence according to the Council Regulation (EC) No. 2201/2003 of November 27, 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (also called Brussels II Bis Regulation).

The dissolution of a marriage through a notary takes place on the basis of the petition from both spouses. In addition, the parties file an agreement that governs all agreed issues of the parties. The agreement has all the questions of the parties related to the dissolution of the marriage, in what order the second parent sees the child, what is the size of the monthly alimony, how the parties share common property, both movable and non-movable. The notary, by dissolving the marriage, ascertains whether the parties have really agreed on the issues referred to in the agreement, whether the parties agree to dissolve the marriage in an indisputable process. 

In case, after the dissolution of the marriage, one of the parties will make a complaint to the other party regarding the issues regulated by the agreement, the dispute will be considered in court. The notary does not deal with disputes of the spouses.

The notary terminates the marriage at 31^st day after receiving the petition from the spouses. If the parties or one of the parties change their minds to dissolve the marriage, within 30 days there is an opportunity to withdraw your petition from the notary and stop the divorce proceeding. The process can be started from the beginning if the parties re submit the petition to the notary.

Upon dissolution of the marriage, the notary issues a certificate of divorce, which can be obtained both by the person and the authorized person. Additionally, it is not necessary to register a divorce, as the notary updates the data in the Register of inhabitants.

III

In a foreign divorce process, both through the court and through a notary, it is necessary to consider the following conditions:

• The nationality of the spouses;
• The place of marriage of the spouses;
• Permanent residence of spouses.

If the spouses resides abroad, have settled there for life, or if only one of the spouses lives abroad, one of the most important factors is the nationality of the spouses. If one of the spouses is of Latvian origin, and the marriage is concluded in Latvia, the court or the notary hearing the case will be based on the regulations of Latvia. It is needed to point out, that each case is individual, and the court does not always take equivalent decisions in similar cases.

If the claim to the court for divorce is filed by a party that does not have Latvian affiliation, but has the citizenship of the EU country, and for instance, resides in Latvia, the court considering the case will be based on the European regulations. Same conditions are applied, if the spouses submit petition to a notary.  Foreign divorce and annulment of marriage is regulated by the Regulation of the Council (EC) No. 2201/2003 on 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

If the permanent residence of the spouses is abroad, and both spouses have Latvian affiliation, and the marriage is concluded abroad in the territory of the European Union, the court will consider the case based on the Latvian and international regulations. Same conditions are applied, if the spouses submit petition to a notary. 

The basis for establishing jurisdiction always considers the nationality of the spouses, as there is a presumption that the party having Latvian affiliation may file a claim for divorce in the country of its origin regardless of the place of marriage and permanent residence.

When deciding whether to dissolve the marriage through a notary, checks the data in the Register of inhabitants if the spouses have a declared address in Latvia, whether the marriage is registered (if the marriage was entered into abroad, it is necessary to register it separately). If both spouses have Latvian affiliation, regardless of their place of residence, the notary in accordance with Article 326 of the Notaries Act accepts the petition of the spouses and begins the divorce proceedings. If the divorce process through a notary wants to start a person who does not have Latvian affiliation, and not one of the spouses has no permanent residence in Latvia, the notary will not be able to accept the petition of the spouses and will not be able to start the divorce process.

Summarising, in the matter of divorce, if there is a foreign element, it is always necessary to consider the nationality of the parties and their place of residence. These factors are decisive in the question whether it is possible to start the dissolution of a marriage in Latvia or not.