If you’re considering a divorce and looking for a lawyer online, understanding the legal basics is a vital step toward making informed and protected decisions.
At Hoxha & Associates, we have successfully represented clients in various types of divorce cases — from simple, amicable separations to complex disputes involving custody and property division. Our experience includes all types of cases: with or without children, contested or uncontested.
1. Types of Divorce in Kosovo
According to the Family Law of the Republic of Kosovo (Law No. 2004/32), there are two ways to legally end a marriage:
Uncontested Divorce
When both spouses agree on the separation and all related matters (such as custody, alimony, and asset division), the process is quicker and simpler. The divorce is filed jointly at the competent court.
Contested Divorce
If one spouse does not agree to the divorce or its terms, the case is treated as a dispute. The court will resolve it after reviewing all circumstances, which may include evidence and expert assessments (especially when children are involved).
2. Child Custody and Visitation Rights
When minor children are involved, the court must decide custody based on the best interest of the child. The law requires:
- Children over 10 to be heard, when appropriate
- Evaluation of each parent’s living conditions
- Determination of child support (alimony), based on the child’s needs and each parent’s income
Our team at Hoxha & Associates has supported clients in protecting their parental rights, ensuring fair outcomes in line with the law.
3. Division of Property
Any property acquired during the marriage is considered joint property, unless proven otherwise. The court evaluates:
- Financial and non-financial contributions of each spouse
- Specific circumstances that may affect fairness
In practice, proper documentation and strategic legal advice are crucial to ensuring a fair distribution.
4. Legal Procedure and Jurisdiction
Divorce cases are filed at the Basic Court of the spouses’ residence or their last common residence in Kosovo. The process includes:
- Submitting a divorce petition
- Hearings and possible mediation
- Final court decision on the divorce, custody, and division of assets
In complex cases, such as domestic violence or foreign citizenships, we provide full legal support to ensure your rights are safeguarded.
5. Starting the Process with Confidence
Divorce is an emotional and difficult step, but with the right legal guidance and a clear approach, the process can be handled fairly and respectfully.
The legal team at Hoxha & Associates is deeply experienced and committed to ensuring each client receives a lawful, just, and dignified outcome.
