Divorce procedure
Divorce in court can be by mutual agreement, on exclusive fault, at a spouse's request after more than two years of separation, or at the request of a spouse whose health makes continuing the marriage impossible.
Where is the divorce filed?
Jurisdiction lies with the district court where the spouses’ last common home is located. If they had no common home or neither lives there anymore, the competent court is at the defendant’s domicile. When the defendant has no domicile in Romania and Romanian courts are internationally competent, jurisdiction is at the claimant’s domicile.
Under art. 915 CPC, if both spouses no longer live in Romania, they may agree to file at any district court in the country. If there is no agreement (the claim is not signed by both), Bucharest 5th District Court is competent.
For divorce with a spouse of another nationality, Romanian courts can be competent if the marriage certificate is registered in Romania and at least one party is a Romanian citizen (art. 1080 para. 2 pt. 4 NCPC). If the certificate is not transcribed into Romanian, Romanian courts cannot pronounce the divorce.
Is court presence mandatory?
Divorce can be granted even without the spouses' presence when they are represented by a lawyer and residence abroad is proven, subject to the court's assessment of the specific circumstances of the case. In such situations, legal representation in divorce proceedings becomes essential for efficiently managing the process.
Practical aspects
Advantages of divorcing in Romania
A simpler procedure and usually lower costs compared to other countries. If divorce is granted abroad, the Romanian citizen later needs to recognise and transcribe the foreign judgment at the Civil Registry in Romania.
How long does a divorce take?
Duration depends on the court's workload and the chosen route. For mutual-consent divorce (agreement on name after divorce, parental authority, children's residence, contact schedule, contribution to expenses), average duration is 2–6 months. Without agreement it can be 8–10 months or over a year. Matters related to parental authority, children's residence, or division of common assets fall within the scope of family law.