How can I get divorced?
By mutual consent, you can divorce before a notary or in court and, if you have no minor children, also before the civil registrar. Before a notary, if you have minor children, you must also agree on the matters concerning the children required by law. Without consent, you can apply to the court for a divorce on serious grounds that make it impossible to continue the marriage, after at least 2 years' separation, or if your own state of health makes it impossible to continue the marriage.
How long does a divorce before a notary take?
Once the application has been registered, the notary grants a 30-day reflection period. When it ends, both spouses attend in person and the notary checks that they still wish to divorce and that the legal conditions for issuing the divorce certificate are met.
Can I get divorced if I live abroad?
Yes, if Romanian courts have jurisdiction. Article 921(1) of the Romanian Code of Civil Procedure allows a spouse residing abroad to be represented as an exception to personal attendance before courts deciding the merits. We prepare evidence of residence and the representation documents required in the particular case; the court checks the conditions.
What documents do I need for a divorce?
For court divorce, Article 916(3) requires a copy of the marriage certificate and, where applicable, copies of the minor children’s birth certificates. We also prepare identification details, proof of the court fee and representation documents as applicable. Originals may be requested for verification; notarial and civil registry procedures have separate requirements.
What is a compensatory payment?
It is compensation that, under the conditions set by law, the spouse who is not at fault may claim if the divorce is granted on the grounds of the other spouse's sole fault, the marriage lasted at least 20 years and the divorce would cause a significant imbalance in their living conditions. It may be granted in money, as a lump sum or as periodic payments, or in kind, usually as a usufruct over certain assets of the other spouse (Articles 390–392 of the Civil Code). It can only be claimed together with the divorce, may be modified if circumstances change and cannot be combined with maintenance owed to a former spouse.
What can I do if I am a victim of domestic violence?
If your life, physical or mental integrity or freedom is endangered by domestic violence, you can apply for a protection order under Romanian Law No. 217/2003 to the local court for the place where you live or reside. The measures usually last no more than 12 months. If an earlier order against the same aggressor expired at the end of its term, a new order issued within 5 years of that expiry may impose measures for up to 24 months, regardless of the victim's identity. Where there is an imminent risk, the police may issue a provisional protection order for 5 days; if it is confirmed and forwarded to the court under the legal conditions, it is automatically extended for as long as the court proceedings require. I can help with the application and represent you in court; an order is issued only if the legal conditions are met.
What if my spouse does not want a divorce?
A divorce does not require both spouses' consent. Without consent, you can apply to the court for a divorce if your relationship has been seriously damaged and the marriage can no longer continue, or after at least 2 years' separation. At every hearing, the court will try to reconcile the spouses. If you rely on at least 2 years' separation and the other spouse does not agree to the divorce, it is granted on the grounds of your sole fault, under the special rule laid down by law.
What surname will I use after the divorce?
You can choose to keep the surname you used during the marriage or to return to your previous surname, without needing the other spouse's consent. In a court divorce, the court records your choice in the divorce judgment. If you do not make a choice, you keep the surname you used during the marriage.
Who will the children live with after the divorce?
As a rule, after the divorce parental authority is exercised jointly by both parents, unless the court decides otherwise. The court decides where the child will live in light of the child's best interests. Without an agreement, the child's home is usually set with the parent the child lives with on a settled basis.
Do I have to attend every hearing?
Before the courts that decide the merits, the spouses must, as a rule, appear in person. The exceptions provided by law include living abroad, serious illness and serving a custodial sentence. In those cases you can be represented by a lawyer or another representative.
Can the children's home and child maintenance be dealt with during the proceedings?
Yes. While the proceedings are pending, the court may, through an urgent procedure, order interim measures on where the minor children live, child maintenance, the state child allowance and the use of the family home.