Andreea Chelaru – Divorce lawyer in Iasi

Divorce lawyer in Iași

Divorce Lawyer Iași

I help you choose the right divorce procedure, prepare the documents correctly and protect your interests regarding the children, the home and your shared property.

I represent you whether you have reached an agreement or your spouse does not consent, at my office in Iași or online.

A clear approach

Every step, in plain language.

Empathy and discretion

Care for your children and family.

From abroad too

Representation under the legal conditions.

In Iași and online

Support wherever you are.

Divorce and property division services

How I can help

Divorce proceedings

  • Legal assistance and representation in divorce proceedings
  • Advice on bringing a divorce petition
  • Drafting the petition, preparing the file with all the required documents and filing it with the competent court
  • Drafting the defence if you are the respondent
  • Drafting a counterclaim
  • Legal assistance and representation in mediation
  • Representation in court throughout the proceedings
  • Keeping you fully informed about each stage of the proceedings and the status of your case

Children after divorce

  • Advice on the exercise of parental authority and where the child will live
  • Advice on maintenance owed to minor children
  • Advice on the schedule of personal contact with the child
  • Negotiations on parental authority, the schedule of personal contact with the child and child maintenance
  • Applications to increase or reduce child maintenance
  • Actions concerning contact with the child after divorce
  • Obtaining court permission for a child to travel abroad when the other parent refuses consent

Property division

  • Negotiating an agreed division of property
  • Legal advice on specific property division issues
  • Assistance and representation in dividing matrimonial property
  • Dividing matrimonial property during the marriage or after divorce
  • Drafting settlement agreements
  • Advice on compensatory payments
  • Advice on the family home

Protection orders

  • Specialist legal advice
  • Drafting the application for a protection order
  • Assistance and representation in court

Divorce for people living abroad

Assistance and representation in divorce and property division in Romania, usually without you having to travel to Romania, as permitted by law

Representation in court on the basis of a power of attorney and proof of residence abroad

Documents required

  • Copies of your identity documents
  • A copy of the marriage certificate for court divorce
  • Copies of the children's birth certificates, if you have minor children

Types of divorce in Romania

Divorce is about more than ending the marriage: decisions about the children, the home, your surname and your shared property are made at the same time. The right procedure depends on how far you agree and on whether you have minor children.

  • Divorce by mutual consent. If you both want a divorce, it can be granted regardless of how long you have been married and whether or not you have minor children. The procedure can take place:

    • before the civil registrar or a notary, if you have no minor children;
    • before a notary even if you have minor children, provided you agree on every aspect concerning the children: joint parental authority, where the children will live, contact with the parent they do not live with and each parent's contribution to the costs of raising and educating them;
    • in court, in all other cases.
  • Divorce on grounds of fault. Where, for serious reasons, the relationship between the spouses has been seriously damaged and the marriage can no longer continue, the court may grant the divorce on the grounds of the fault of one or both spouses.

  • Divorce after at least 2 years' separation. The divorce is granted on the grounds of the sole fault of the spouse who applied for it, unless the other spouse consents. In that case the divorce is granted without any finding of fault.

  • Divorce on health grounds, at the request of the spouse whose state of health makes it impossible to continue the marriage.

Where to file for divorce in Iași

The divorce petition is filed with the local court for the area of the spouses' last shared home. If you never had a shared home, or if neither of you still lives in that area, the competent court is the one for the area where the other spouse (the respondent) lives. If the respondent lives abroad and the Romanian courts have jurisdiction, the petition is filed with the court for the area where you live.

If your last shared home was in Iași and at least one of you still lives here, the case is usually heard by the Iași Court of First Instance.

A divorce by mutual consent before a notary or the civil registrar takes place before the notary or registrar for the place where you married or had your last shared home.

How long a divorce takes

  • Before a notary or the civil registrar, the law gives you a 30-day reflection period after you file the application. When it ends, you attend in person and, if you both maintain your application and the legal requirements are met, the divorce certificate is issued. With a notary, the application can also be filed through a representative holding a notarised power of attorney.

  • In court, by mutual consent, the court checks that both spouses consent and sets a hearing in chambers. At that hearing, if you both maintain your consent, it grants the divorce.

  • In court, without consent, the length cannot be estimated in advance. It depends on serving the other spouse, the evidence needed, hearing the minor children (mandatory in every case), the psychosocial assessment where there are children and any appeals. At our first meeting I will explain which stages are likely in your case.

How much a divorce costs

The court stamp duty for a divorce petition is:

  • RON 200: divorce by mutual consent, on grounds of fault or after at least 2 years' separation;

  • RON 50: divorce on health grounds;

  • RON 50: a claim for damages or for a compensatory payment;

  • RON 20 for each application concerning the children (their home, parental authority, child maintenance, contact) or the family home, where it is not ancillary to the divorce.

A divorce before a notary or the civil registrar has its own fees, separate from the court stamp duty.

The lawyer's fee depends on the procedure (consent or contested proceedings), on whether there are children and property to divide, on the number of hearings and on how complex the case is. It is agreed at the outset in the legal services agreement, once we have discussed your situation.

How I work

A clear, carefully structured legal process

  1. 01

    Initial assessment

    We discuss your situation, I review your documents and explain your options.

  2. 02

    Legal strategy

    We agree on suitable steps and discuss risks and costs.

  3. 03

    Drafting / representation

    I prepare the documents or represent you in negotiations and in court.

  4. 04

    Following progress

    I keep you informed and adjust the strategy as your case develops.

Andreea Chelaru, Lawyer · Iași

Why seek advice

Why do you need a divorce lawyer?

Divorce involves important decisions about your children, your home and your property. I help you negotiate fairly, avoid procedural mistakes and reach a solution sooner.

Short answers

Frequently asked questions

More questions? We can discuss your situation.

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.

Contact

Let's discuss your case.

Book a consultation and let's find the best solution for your situation together. I am here to listen and to give you the concrete support and professionalism you need.

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