divorce after long separation
divorce after long separation is granted by court decision due to a two-year separation between the spouses.
How is this divorce after long separation obtained?
It is granted through a divorce lawsuit following the procedure of a contested divorce, with the sole requirement being the proof of a two-year separation, through witnesses or documents.
Can I avoid appearing in court if I do not wish to?
Neither party is required to appear personally in court; only their appointed attorneys may attend, provided they are authorized by a notarial power of attorney.
Is the hearing procedure simple?
Usually, the hearing process is quick, easy, and straightforward, provided there is no dispute regarding the existence of the two-year separation.
Must the two-year separation period be completed before filing the divorce lawsuit?
Filing the lawsuit does not require that the two-year separation period has already been completed. However, the two-year period must have elapsed by the time of the court hearing.
What is considered separation between spouses?
According to case law, separation exists when spouses have parted “from table and bed,” meaning they have become both emotionally and physically distant from each other, even if they continue to reside in the same household.
Why choose this type of divorce instead of a classic contested divorce?
A divorce after long separation is ideal for cases where estranged spouses are in serious conflict and years pass without being able to agree on a consensual divorce, yet they also wish to avoid court confrontations to prove irretrievable breakdown of marriage.
Through the divorce after long separation, all the unpleasant situations and complications associated with contested divorce proceedings are avoided, since the only requirement is to prove that two years have passed since the separation — even if the spouses are still living under the same roof, as mentioned above.
How can a spouse who does not wish for a divorce after long separation react?
The other spouse, upon being served with the divorce lawsuit and disagreeing with it, may file their own lawsuit for divorce not based on the two-year separation but on other grounds they wish to be heard in court.
A hearing date will be set, usually after the hearing date of the divorce lawsuit, and their attorney may request an adjournment and consolidation of the two cases.
However, the contents of the other divorce lawsuit are not taken into account by the judge if there is sufficient evidence of the two-year separation.
How quickly is the divorce granted?
Because this type of divorce typically does not give rise to appeals to overturn the decision, the divorce is issued very quickly.
The court date for the lawsuit is usually set within 4–6 months from filing (depending on the city), and the court decision is typically issued within another 4–6 months after the hearing.
What are the benefits of the divorce?
The quick issuance of the divorce facilitates the prompt resolution of other matters that often concern former spouses, such as child custody, alimony, visitation rights, division of joint property, employment issues, and more.
How is the divorce process completed?
Once the decision is issued, the attorney of one party serves the decision to the other party to render it final once the legal deadline for filing an appeal has passed without action.
Afterward, the decision must be registered with the competent Registry Office of the Municipality and the religious dissolution of the marriage must be completed at the Metropolis (Archdiocese), as with any form of divorce.
Although the process of obtaining a divorce is relatively simple, the most crucial factor, as always, is receiving proper and thorough guidance from an experienced lawyer, who can provide sound advice and handle the case from start to finish in the best possible way, avoiding any unpleasant surprises.
For expert legal assistance regarding the issuance of divorce in Greece, contact the best divorce lawyers in Greece at Economou & Economou Law Office in Athens — named the Best Law Office in Greece by Lawzana.
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