Family law

J. and V. divorced for 5 years, they have one joint child, in whose care V. never paid alimony. Can J. demand the payment of alimony in court after 5 years?

Yes. In the absence of an agreement on the payment of alimony, J. may appeal to the court with a claim to establish the obligation to pay alimony.

X.’s wife demands in court that X. pay alimony, claiming that she is incapable and unsecured. Can X. avoid the obligation to pay such alimony?

A court may release a spouse from the obligation to provide assistance to another disabled spouse or limit this obligation for a certain period of time, both during marriage and after a divorce, if the spouse in need of assistance has reached the following working capacity:
1. As a result of the abuse of alcohol and / or drugs or the deliberate commission of a crime by him,
2. During the marriage of the spouses, not more than one year,
3. As a result of the manifestation of spouse anti-moral behavior in the family (adultery, gambling, etc.).

K. and Y. аre divorced and do not have a joint child. Can K. demand an alement from her ex-husband in order to ensure her existence?

K. has the right to demand alimony from Y. in court if:
1. The ex-wife during pregnancy, like her husband, caring for an ordinary child, until the child is 3 years old,
2. An unsecured former spouse who is caring for a disabled child or a disabled child of the first group,
3. A former disabled spouse who has become disabled within 1 year before or after a divorce,
4. A single spouse who has reached retirement age within 5 years after a divorce, if the spouses have been married for more than 15 years.

How does the court determine the amount of alimony?

The amount of alimony is determined by monthly payments in the following amounts:
1. One fourth of the parents’ earnings and / or other income per child,
2. For two children – one third of the earnings or other income,
3. Half – for three or more children. The size of monthly payments for each child should be at least 10,000 drams, and when parents receive unemployment benefits, then 20% of the benefit.

O.’s wife wants to take their child out of the country to study, but O. is against this. Can O. prevent this?

No. One of the parents can take the child out of the country without the permission of the other. The only prerequisite is a child has a passport, and in Armenia a passport is issued to a child under the age of 16 at the request of one of the parents. O. can file a complaint with the police indicating his disagreement with the child’s receipt of the passport, in which case the issuance of the child’s passport will be rejected.

F. and A. are in the process of divorce in court. At the same time, F. petitioned for custody of the child. A. is against and wants to take the child out of the country. Can F. prevent this?

If a dispute arises regarding a decision on the child’s place of residence, F. may apply to the court for securing a claim with a request to prohibit the other parent from taking the child out of the republic.

Z. and F. signed a marriage contract at registration of marriage. Can Z. and F. terminate the agreement?

Yes. The marriage contract may be amended or terminated at any time with the written consent of the spouses and is subject to notarization.

A. wants to terminate the pregnancy. Does A. have such a right?

A. has the right to terminate a pregnancy:
1. Artificial abortion before 12 weeks of pregnancy is performed only at the request of a woman.
2. In the case of 12 to 22 weeks of pregnancy, an abortion may be performed in accordance with medical and social instructions with the consent of the woman.

What is the deadline for state registration of the birth of a child?

A written statement about the fact of the birth of the child is submitted to the registry office no later than 1 year from the date of birth of the child.
State registration of a child older than 1 year in the presence of a specially established form of a document provided by a medical organization is carried out on the basis of an application from the parents or one of them or the head of the community or an authorized person or other interested person.

What documents do I need to submit to the registry office to register a marriage?

To register a marriage, a joint written application for marriage must be submitted, which must indicate:
1. Name, surname, citizenship, place of birth, time, place of residence, education, place of work, occupation of each person;
2. Surname chosen by persons after state registration of marriage;
3. marital status.
4. Data on identity documents of spouses;
5. Other necessary information.
When applying for marriage, you must provide:
1. Identity cards of spouses.
2. If the person was previously married, a document on the dissolution of the previous marriage;
3. If the person entering the marriage is 16 or 17 years old, the written consent of the parents of the married person, adoptive parents or guardian must be notarized or transferred to the registry office.

Can marriage registration in the registry office be carried out using a power of attorney?

No. Registration of marriage by using the power of attorney is not allowed. State registration of marriage is carried out with the obligatory presence of both persons.

What is the age of marriage in the Republic of Armenia?

In the Republic of Armenia, marriage is allowed upon reaching the age of eighteen. A person may also marry at the age of 17, if there is consent of the parents, adoptive parents or guardians. A person may marry at the age of 16, if there is consent of the parents, adoptive parents or guardians and the other person has already reached the age of eighteen.

Why should I have a lawyer representing me during my divorce?

While many individuals proceed through the divorce process, having the help of an attorney with family law experience can go a long way toward protecting your interests. An experienced attorney will understand these laws and be able to help you avoid the mistakes or unfavorable results that can arise from not knowing all of your rights. For example, pro se litigants (those who represent themselves) often do recognize or include important considerations such as ensuring adequate financial protections in the event a spouse passes away, the tax implications of paying spousal or child support, practical ways to avoid future conflict, and significant children’s issues.

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