In which cases can a divorce be processed through the Civil Registry (ZAGS)?
According to the Family Code of the Republic of Armenia, divorce is carried out by the body carrying out state registration of civil status acts or in court.
In the event that the spouses agree to divorce, the marriage is carried out in the bodies carrying out state registration of civil status acts (SCRA).
In this case, it is necessary to submit a joint application by the spouses to visit the SCRA in person or electronically on the platform https://e-services.moj.am/hy/service/divorce_registration/info.
To submit an application electronically, it is necessary for each spouse to have an electronic signature.
After submitting the application, the divorce is registered on the working day following the two calendar months following it.
A state fee of 10,000 drams must be paid for the registration of the divorce.
In the event that one of the spouses:
- has been declared missing by the court,
- has been declared incompetent by the court,
- has been sentenced to imprisonment for a term of not less than three years, then the other spouse may file an application with the Civil Registry Office for divorce.
When is it mandatory to file for divorce through the court?
Divorce by court order occurs in the following cases:
In the event that the spouses do not have an agreement on divorce before the marriage, but one of the spouses still wants to get a divorce, the spouse who wants to get a divorce files a lawsuit with the Civil Court of the Republic of Armenia.
When there is no agreement between the spouses on the division of common property, the maintenance of the incapacitated and insecure spouse, or the care of the children, then in this case, one of the spouses may also apply to court to resolve the dispute by court order.
How to draft and where to file a divorce petition?
The petition for divorce is filed with the court of first instance of general jurisdiction at the place of residence of the defendant.
When drafting the petition, the following information must be indicated:
- name of the court where the petition is filed,
- name (title) of the plaintiff,
- address of the place of registration (location),
- address of the place of notification (if it differs from the address of the place of registration (location),
- details of the plaintiff’s identification document,
- name (title) of the defendant,
- address of the place of registration (location).
Then, the facts on which the claim is based must be described.
All documents that confirm the information and facts on the basis of which the petition was drawn up and submitted are also attached to the petition.
It is also necessary to pay a state fee of 4,000 drams for the petition.
You can also get legal advice when applying to court for divorce.
What are the essential documents required for a divorce?
To file a claim with the court, as well as an application with the civil status registration authorities (CRA), it is necessary to have:
- Identity document,
- Marriage certificate.
If the claim filed with the court also concerns issues related to child care, it is also necessary to submit the birth certificates of the child(ren), documents on employment, salary, place of residence, and conditions.
What is the state duty (fee) for a divorce in Armenia?
The state fee for a divorce in court is 4,000 drams,
The state fee for a divorce by mutual consent in the bodies performing state registration of civil status acts (CRC) is 10,000 drams.
This state fee is also paid when the divorce is carried out in court.
How does the court determine child custody and alimony amounts?
The court determines the child’s place of residence, also taking into account the wishes of the child who has reached the age of 10, but the main guideline is the best interests of the child, which implies that the court assesses the availability of the necessary conditions for the child’s residence and upbringing, and their quality.
How long does the judicial divorce process take?
There is no clearly defined time limit for a judicial divorce. It depends on a number of circumstances, such as how many times and for how long the parties have intervened to postpone the court hearing, etc.
