Divorce in Romania for people living abroad
For people living in Romania, divorce has become much simpler in recent years: the parties can choose between three legal routes – an administrative divorce by agreement at the civil registry office, a divorce by agreement before a notary, and court proceedings (whether or not the spouses agree).
By contrast, where one or both spouses live in another country and cannot or do not wish to return to Romania, the only way to divorce is through the courts.
The divorce procedure
If Romanian law applies, judicial divorce may be granted by agreement, for serious grounds that have gravely damaged the marital relationship and make continuation impossible (with fault attributed to one or both spouses as applicable), after at least two years of actual separation, or at the request of the spouse whose health makes continuation impossible (Articles 373 and 379 of the Civil Code).
International jurisdiction: which country can hear the divorce?
First establish whether Romanian courts have international jurisdiction. Within Regulation (EU) 2019/1111, Article 3 provides alternative grounds: the spouses’ habitual residence, their last common habitual residence if one still lives there, the respondent’s habitual residence, either spouse’s habitual residence for a joint application, or common nationality. An applicant may also rely on habitual residence for at least one year immediately before filing, or six months if also a national of that country.
For example, common Romanian nationality may allow a divorce in Romania even if both spouses live abroad. One spouse’s Romanian nationality or registration of the marriage certificate does not replace the jurisdictional assessment. Habitual residence depends on the actual circumstances, not just the address recorded in documents.
Applicable EU rules and international conventions must be considered before domestic law. Where domestic jurisdictional rules are available, Articles 1081(2)(2) and (4) of the Romanian Code of Civil Procedure may be relevant within their scope. Article 915 identifies the court within Romania; it does not establish international jurisdiction. Jurisdiction over children, maintenance and property must be examined separately from divorce.
The law applicable to divorce
A Romanian court with jurisdiction does not automatically apply Romanian divorce law. Romania participates in Regulation (EU) No. 1259/2010 (Rome III). Within its scope, spouses may choose the law under Articles 5–7; without a valid choice, Article 8 uses successive connections to current habitual residence, last common habitual residence subject to its conditions, common nationality and, ultimately, the law of the court hearing the case. The designated law may be that of a non-EU country.
Rome III covers divorce and legal separation; it does not itself determine the law governing parental responsibility, maintenance, names or matrimonial property. Those matters require separate checks of applicable EU instruments, conventions and domestic rules.
The marriage certificate: evidence, translation and registration
Registration of a foreign marriage record in Romanian registers and translation into Romanian are different operations. Check the marriage record and the formalities for using it as evidence, including translation and any exemption from apostille or legalisation. Lack of registration does not automatically mean that Romanian courts cannot grant a divorce: jurisdiction and supporting documents are separate questions.
Where is the divorce petition filed?
First, we check whether the divorce can be heard in Romania. If so, you file with the district court serving the area of your last shared home, provided at least one spouse still lives within that court’s area.
If you never shared a home or neither spouse still lives in that area, you file with the district court serving the area where the spouse against whom divorce is sought lives. If that spouse lives abroad, you file where the spouse applying for divorce lives, provided Romanian courts can hear the case.
If both of you live abroad, you may jointly choose any district court in Romania by express agreement. Without that agreement, the case goes to Bucharest Sector 5 District Court. Choosing a court does not, by itself, establish that Romanian courts can hear your divorce.
Where you actually live matters, rather than just the address on your identity document. These rules for choosing the district court are set out in Article 915 of the Code of Civil Procedure.
Do the parties have to attend court?
A divorce can be granted without the spouses being present if they are represented by a lawyer and provide proof of residence abroad, subject to the court's assessment of the circumstances of the case. In these situations, legal representation is essential to handling the proceedings effectively.
Practical issues
Recognition of a divorce granted abroad
Judgments within Regulation (EU) 2019/1111 are recognised in Romania without a special procedure (Article 30), subject to the statutory grounds for refusal. The Regulation does not apply to Denmark. The new Regulation applies to court proceedings instituted on or after 1 August 2022; for earlier proceedings, check Regulation (EC) No. 2201/2003 and Article 100’s transitional rules. The judgment date alone does not determine the regime.
For countries outside this EU regime, first check applicable conventions and treaties. Under domestic law, Article 1095 provides cases of recognition by operation of law; other cases may require judicial recognition under Article 1096 onwards. Not all non-EU judgments follow the same procedure. For the United Kingdom, separately check when proceedings began and the EU withdrawal transition rules.
Recording the divorce in civil-status registers
Recognition and recording a divorce annotation are separate steps. The annotation updates Romanian civil-status records; it is not a new divorce trial. For a judgment under 2019/1111, provide the appropriate copy and the Article 36 certificate in Annex II; updating civil status also requires checking that the judgment is no longer subject to appeal. Under 2201/2003, use the corresponding Article 39 certificate in Annex I.
Documents and any translations depend on the applicable regime and civil-registry requirements. Documents within Regulation 2019/1111 need no legalisation or similar formality (Article 90). For other foreign documents, check apostille, legalisation and exemptions separately. If the foreign marriage has not yet been registered in Romania, check its registration for recording the divorce annotation; that formality is distinct from divorce jurisdiction.
How long does a divorce take?
The length depends on how busy the court is and on the route chosen. For a divorce by agreement, it takes 2 to 6 months on average. Without agreement, it can take 8 to 10 months or over a year. Matters such as parental authority, where the children will live and the division of matrimonial property fall within family law. The court may grant a divorce by agreement even when it must resolve disputes about the children. If Romanian law governs the surname after divorce, each spouse chooses it individually under Article 383 of the Romanian Civil Code.
