If the spouse does not agree with the dissolution of the marriage, then the marriage may be dissolved by the court on the filed claim of the second spouse. The court dissolves the marriage if the marriage has broken up. It is considered that the marriage broke up if the spouses live separately for more than one year and do not lead a joint household.
As a general rule, a claim for divorce is filed with the court at the declared place of residence of the defendant and is considered at a court session. An exception is the case when the plaintiff has minor children or the marriage is dissolved with a person who does not have a declared place of residence in Latvia or lives abroad. In these cases, the claim can be filed with the court at the declared place of residence of the plaintiff.
As a general rule, divorce cases are considered at a court session with the obligatory presence of both spouses. However, if the spouse lives far away or for some other reason cannot appear at the invitation of the court, the court may recognize that the written explanations of this spouse or the participation of his representative at the court session will be sufficient for the consideration of the case.
Disputable issues related to family relations (child maintenance, meetings with the child, division of joint property, etc.) must be resolved simultaneously with the claim for divorce.
In the case when the issue concerns the establishment of guardianship over the child and the establishment of time for meetings with the child, the opinion shall be provided by the Orphan’s Court.
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