Getting divorced

  • Find it in the Law:
    Law on Family
  • Who is responsible:
    Center for Social Work, competent court of first instance
  • Who can help me:
    Competent court of second instance, Ombudsperson Institution in Kosovo
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Unfortunately, marriages don’t always work out as well as you thought they would. You might be in such a situation where you and your spouse are both unhappy and would want to break things up, or one of you feels that his/her spousal rights were violated. The legal framework in Kosovo, through the Law on Family, allows for a mutually acceptable or unilateral divorce. The latter is possible only if there are valid legal reasons for divorce. The Law on Family outlines that such reasons may include: unbearable life of spouses, adultery, attempt at murder, serious maltreatment, unjustifiable abandonment, incurable mental illness, if one partner does not live with the other for more than a year, etc.

Files for divorce have to be addressed to a court of first instance. If there is a dispute over the divorce, the court may order first the implementation of some reconciliation measures that may not last longer than three months and are supervised by the Center for Social Work, which within three months has to submit a written report to the court. If the process is not successful, then the court can start procedures, including investigations of the matter. A final decision by the court is followed by the separation of joint property.

One spouse might feel that an injustice was made in the decision of the first instance, either by awarding or not awarding divorce, or in separation of property. In this case you can file an appeal to a court of second instance. If you still feel unsatisfied with the treatment or that the judicial system favored one spouse over the other and violated your rights, then you can address the matter with the Ombudsperson Institution in Kosovo.

  

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