Divorce is rarely a simple separation. In Azerbaijan, ending a marriage is both an emotional rupture and a legally complex process shaped by documents, deadlines, mediation requirements, custody decisions, and disputes over jointly acquired assets.
Attorneys say the system remains one of the most sensitive areas of family law, where personal drama meets strict legal formality.
In an interview with Media.az, attorney Elmar Suleymanov of the Azerbaijan Bar Association explains the realities behind the process – why marriages collapse, which documents are required, why some divorces are resolved in weeks and others drag on for months, and how courts approach everything from property rights to child custody.
Why Do Marriages Break Down?
“Divorce is not just the end of a relationship – it is a legal procedure touching property, family bonds and, often, emotional trauma,” Suleymanov notes. He says divorce cases have their own character because behind every lawsuit lies not only conflict but a personal crisis.
The most common reasons for divorce in Azerbaijan include incompatibility of character, loss of trust, infidelity, financial pressure, and in many cases, domestic violence.
He recalls a case where the husband insisted the conflict was “temporary,” but evidence showed the spouses had long lived separately, did not share a household and had lost emotional connection. The court dissolved the marriage without granting the usual three-month reconciliation period.
“This happens often,” he explained. “If a couple is clearly no longer living a shared life, the court focuses on the reality of separation – not promises of reconciliation.”
What Documents Are Needed to File for Divorce?
If spouses agree to terminate the marriage and have no minor children, the procedure takes place at the civil registry office (ZAGS). Required documents include:
A joint written statement
The original marriage certificate
Identity documents for both spouses
Proof of payment of the state fee (20 manats)
If the couple has minor children or disputes about property, the matter goes to court. Before filing, the spouses must attempt mediation; if no agreement is reached, they may then submit their lawsuit with supporting documents and any evidence of what caused the breakdown.
How Long Does a Divorce Take?
When both spouses agree and there are no disputes, a ZAGS divorce typically takes about one month.
In court, even with mutual consent, the process usually lasts around two months due to document handling and scheduling.
But when one spouse objects, the court grants up to three months for reconciliation under Articles 19–20 of the Family Code. In practice, this period may stretch to six months, especially if a spouse deliberately avoids hearings.
Suleymanov recounts a case where a husband repeatedly failed to appear in an effort to stall proceedings. The court recognized this as an abuse of legal rights and ruled in favor of the plaintiff, stating: “No law can force a person to remain in a marriage against their will.”
Does the Reason for Divorce Matter?
Courts consider not the wording of the reason but the seriousness and proof behind it. Evidence of domestic violence, infidelity or severe addiction allows the court to skip the reconciliation period and dissolve the marriage immediately.
In one case Suleymanov handled, a woman submitted medical reports documenting injuries and records of administrative penalties imposed on her spouse. The court ruled these were sufficient grounds for an immediate divorce.
How Is Property Divided?
Under Article 32 of the Family Code, assets inherited or received as gifts belong solely to the spouse who received them. However, upgrades paid for by the other spouse can be considered when dividing value.
Suleymanov describes a notable case: a husband invested in major renovations of an apartment gifted to his wife. An expert review concluded the improvements increased the apartment’s value by 25%. The court awarded him compensation equal to his contribution — not a share of the apartment itself.
“The principle is simple,” he says. “Personal property remains personal, but improvements financed by the other spouse may be compensated.”
What If a Spouse Hides Income or Assets?
Such cases require persistence and professional skill. Attorneys may request information from banks, the Tax Service, and the state property registry. Courts can also freeze assets to prevent their sale or transfer.
In one case, a man transferred a jointly purchased car to a relative after the divorce lawsuit was filed. The court declared the deal fictitious and returned the vehicle to the marital estate.
Child Custody: Who Do the Children Stay With?
Courts follow one guiding principle: the best interests of the child.
Factors include age, emotional attachment, living conditions, the parents’ moral qualities, health, and income.
In practice, children under seven usually remain with their mothers unless there are exceptional circumstances. Suleymanov recalls a case where a mother worked abroad and the child was primarily raised by the grandmother. The court ruled that “stability and the parent’s presence matter most” and granted custody to the father, while maintaining regular visitation for the mother.
How Are Alimony Payments Calculated?
Alimony is usually set as a percentage of income:
¼ for one child
⅓ for two children
½ for three or more
If income is irregular, a fixed sum may be imposed. Courts consider the child’s needs, the standard of living and good faith of the parents.
A recent update pegs alimony to the minimum monthly salary, which in 2025 is 400 manats.
Suleymanov recalls a case where a father claimed low income to reduce payments. The court determined he ran several online businesses and rejected his request, stating: “A parent with income cannot deprive a child of basic needs.”
A Final Word
“Divorce is not a defeat,” Suleymanov stresses. “It is a legal conclusion to a chapter of life. The Azerbaijani legal system seeks balance, but priority always goes to children and the more vulnerable party.”
He emphasizes that compromise, communication and empathy remain the most effective tools – both inside and outside the courtroom.
