Legal basis
Under Article 373 of the Romanian Civil Code, a divorce may be granted: (a) by agreement of the spouses; (b) where the relationship has broken down so seriously that the marriage can no longer continue; (c) at the request of one spouse after a separation of at least 2 years; (d) at the request of a spouse whose state of health makes it impossible to continue the marriage. Whatever the court procedure, you need the right paperwork.
Compulsory documents for divorce
This list concerns court divorce and distinguishes statutory attachments from useful documents or those requested in the particular case. Requirements for notarial or civil registry divorce must be checked separately.
Under Article 916 of the Code of Civil Procedure, the divorce petition must state the names of the spouses’ minor children, including adopted children, or state that there are no minor children. A copy of the marriage certificate and, where applicable, copies of the minor children’s birth certificates must be attached.
1. The divorce petition
It must comply with Articles 194 and 916 of the Code of Civil Procedure and include:
- Details of the parties: name, address for service and personal identification number (CNP); details of any minor children. The court may request a relevant psychosocial assessment to decide matters concerning the children;
- What you are asking for: dissolution of the marriage, your surname after divorce, the children's residence, parental authority, child maintenance and a finding of fault. Matters relating to minor children, parental authority and child maintenance fall within family law;
- The facts: leaving the family home, neglect, violence, alcohol abuse, arguments, contribution to expenses, etc.;
- Evidence: documents, witnesses (name and address), questioning of the other party and, where relevant, a social inquiry report;
- Legal grounds: the Civil Code articles relevant to each claim;
- The date and an original signature.
If you are legally represented, a divorce lawyer in Iași can make sure the documents are prepared correctly and that every procedural requirement is met. The lawyer's details are included and the original letter of engagement or power of attorney is attached.
2. The court fee
Set by Government Emergency Ordinance No. 80/2013, as follows:
- RON 200 – divorce by agreement;
- RON 200 – fault-based divorce (serious breakdown of the relationship);
- RON 200 – divorce after at least 2 years' separation;
- RON 50 – divorce on health grounds.
The fee is paid in advance and proof of payment of the court fee is attached to the petition, including when payment is made electronically. If the fee has not been paid, or has not been paid in full, the court gives you up to 10 days to pay it and informs you about state legal aid (Government Emergency Ordinance No. 51/2008). Failure to pay the fee, or to pay it in full, results in the petition being annulled.
3. Marriage certificate – copy
4. Birth certificates of minor children – copies
If you do not have them, you can request duplicates from the town hall where the birth was registered or ask the court to order the respondent to file them.
5. Identifying the spouses and identity documents
The petition must contain the identification details required by Article 194. A copy of the applicant’s identity document helps verify them; the respondent’s copy is supplied if available or appropriately requested. Article 916 does not universally require the respondent’s ID copy, including merely because divorce is by agreement. Original certificates may be requested to verify copies.
Additional documents, where applicable
Income certificates and other evidence of income
Income certificates or other evidence of the parents’ income may be needed to determine maintenance obligations, depending on the circumstances and the court’s requests. They are not a universal requirement for filing a divorce petition; the period covered by the evidence depends on the needs of the case.
Other documents (as applicable)
Forensic medical certificates, police reports, a tenancy agreement, documents on the child's schooling or costs, proof of financial contributions, certificates from the school psychologist, a certificate from the owners' association, etc. All copies must be certified as true copies and filed in as many sets as there are parties, plus one for the court.
Which court has jurisdiction
After checking Romanian international jurisdiction, Article 915 designates the district court for the last common home if at least one spouse still lives in that district. If there was no common home or neither still lives in that district, the respondent’s home is considered; if the respondent has no home in Romania, the applicant’s home is considered. Actual residence matters, not just the address on identity documents. If neither lives in Romania, they may expressly agree on any Romanian district court; without that agreement, the District 5 Court in Bucharest is competent. Agreement alone does not create international jurisdiction.
