Dashi: Emigration one of the causes of divorce in Albania

Attorney Fran Dashi from Tirana said that the rising number of divorces is the result of several factors, one of which is emigration, particularly in cases where the husband emigrates to a European country while the wife and children remain in Albania.

"The main causes of divorce, based on what we have observed as lawyers, are mostly emigration, in cases where the husband emigrates to European countries while the wife and children remain in Albania. There is no doubt that economic hardship, poverty in our country, and jealousy between partners also contribute to divorce. In Albania, there are uncontested divorces, meaning divorces by mutual consent, but there are also divorces in which disputes arise during court hearings. In many of the cases we have encountered in court, the main issue concerns the upbringing and education of the children. Another issue is determining child support, although the law stipulates that children under the age of 14 cannot be placed in the father's custody. Even if the father owns property, businesses, and a house, the law provides that a child under the age of 14 should be entrusted to the mother because, at that age, the child needs the mother's presence more than the father's care. There are many cases in which the father refuses to pay even child support," Dashi said.

He noted that the biggest problem in Albania is that divorce proceedings in court sometimes last as long as two or three years.

"In the end, the court issues a ruling ordering that child support be paid from the date the lawsuit was filed. In such cases, neither the plaintiff nor the defendant is at fault for the court taking two or three years to issue its decision. A divorce ruling can be issued within three months. Even more alarming is the fact that the party who loses the case files an appeal with the Court of Appeal, which can take up to five years to issue a decision in civil divorce proceedings," Dashi explained.

He said that the number of divorces is increasing, with even couples who have been married for decades deciding to separate.

"We have divorces involving couples who have been married for 20 or 30 years, and there have even been cases of people divorcing after 40 years of marriage. There are several reasons for this, but we must not forget that there are also marriages in which physical violence occurs. There are also cases where a seven- or eight-year-old child, who has been placed in the mother's custody, refuses to meet with the father. That is a problem. Mothers sometimes say that the child does not want to see the father, but the court ruling provides that the father has the right to see his child, so mothers must be honest and work to encourage the child to meet with the father. Otherwise, the law also provides for penalties, and anyone who obstructs the enforcement of court decisions may face criminal prosecution. We in Albania are very concerned about these problems, but we have not yet found a solution. We need legislative solutions. I believe there should be specialized divorce divisions within the courts so that proceedings can be completed as quickly as possible, because delays are a major problem for children under the age of 14," the attorney explained.

He also noted that unpleasant scenes can sometimes occur during divorce hearings.

"During divorce hearings, we have even witnessed physical altercations between the parties. As for verbal disputes, those are quite common because they occur in almost every couple. However, after the divorce, once the court has issued its ruling, cases involving physical violence can be counted on the fingers of one hand. Why? Because the party that prevailed in the case, if threatened or attacked by their former spouse, has the right to seek court protection or file a criminal complaint and initiate criminal proceedings. So such cases are rare. I am not saying there are no obstacles after the court issues its final ruling, but those obstacles are artificial in nature. It is very rare for conflicts to escalate to extremes," Dashi concluded.