If the spouses are of the same mind regarding the divorce, the vital statistics officer of the local government of the county center or a notary can be contacted for the divorce.

As a rule, it is free choice of spouses, whether to prefer a vital statistics officer or a notary, but there are some differences:

• As a rule, a marriage can be dissolved at the vital statistics officer only if the place of residence of both spouses according to the Population Register is in Estonia. If this is not the case, a notary must be contacted for divorce.
  The exception here is the situation where the spouses have entered into an agreement, according to which Estonian law applies to their divorce.
  The conclusion of an agreement on the applicable law may be necessary if the spouses are related to several countries and can therefore choose for themselves the country under which law they wish to divorce. Different countries have different requirements for concluding such an agreement, in Estonia a notarial agreement must be concluded.
• A marriage can be dissolved at the vital statistics office, but it is not possible to make agreements related to children and divide joint property. Notary public can be turned to both for a divorce as well as for making agreements related to children and to divide common property.

If the common property does not include real estate or other property entered in state registers, is not necessary to confirm the mutual agreement of division in writing by a notary, if the spouses do not consider it necessary. Also, in the case of mutual agreement and trust, it is not necessary to officially confirm agreements concerning children with a notary, if the parties themselves do not wish to do so.

If the spouses do not argue about the divorce, but cannot reach an agreement on the division of property and the resolution of issues related to children, the marriage can also be divorced at the vital statistics office or at a notary, and then go to court to discuss the disputed circumstances, the procedure of which is more time-consuming.

In order to divorce the county center in the local government, a joint application must be submitted in the e-population register or at the vital statistics office on site. A joint application for divorce can be submitted at the notary on the spot or by remote verification.

If the spouses wish to file for divorce on the spot, but cannot jointly for good reason go to a vital statistics officer or a notary, one of the spouses may submit a notarized separate application.

Regardless of the way of submitting the application, 1-3 months after submitting the application, you must go together to the vital statistics officer or notary public at an agreed time to dissolve the marriage. Only if one of the spouses cannot go to the vital statistics officer or notary for a valid reason for the divorce, he or she may exceptionally submit a notarized or certified consent of the Estonian consular officer for the divorce without his or her presence.

When divorcing in a local government or at a notary, both divorced spouses are given a divorce certificate. The certificate is in Estonian and free of charge. When filing for divorce, both spouses can choose whether they want a certificate on paper or electronically.

The marriage is dissolved in court if the spouses argue about the divorce or the circumstances related to the divorce or if the vital statistics office is not competent to dissolve the marriage. One of the spouses can file a lawsuit in this regard to the court and justify the grounds for divorce (marital relations have irrevocably ended). Marital relations have ended when the spouses no longer have marital cohabitation and there is reason to believe that the spouses will not resume cohabitation. Termination of marital relations is assumed if spouses have lived separately for at least two years.

In the case of divorce in court, the date of termination of the marriage is the day when the judgment enters into force.

You can find the application form and more information about divorce in court from the court website.

If the application for divorce is submitted to the local government of the county center, a state fee of 90 euros must be paid.

If the marriage is dissolved by a notary, a notary's fee of 64 euros is to be paid. If joint property is also divided and/or agreements concerning joint children are formalized at the notary, a separate fee applies to these actions.

When going to court state fee 100 euros is to be paid. When divorcing in court, possible additional legal aid costs must also be taken into account.