Documents needed for divorce

divorce • required documents

If you’re preparing a divorce case, it’s essential to have the right documents from the start and to understand the procedural steps: the statement of claim, court fee, and evidence supporting the grounds.

The list below details the mandatory documents and the natural order of steps, so you avoid delays or having your claim dismissed.

Legal basis

Under Civil Code art. 373, divorce can take place: (a) by mutual consent; (b) when relations are gravely harmed and continuation of the marriage is impossible; (c) at the request of one spouse after at least 2 years of separation; (d) at the request of the spouse whose health makes continuation of the marriage impossible. For any court procedure, you need the correct documentation.

Required documents for divorce

1. Statement of claim

Must comply with art. 194 NCPC and include:

Parties’ details: names, procedural addresses, personal numbers; if there are minor children, include the Child Protection Authority from the last common domicile and, if the child lives elsewhere, the authority there as well;
Subject: dissolution of marriage, name after divorce, children's residence, parental authority, child maintenance, fault determination. Matters concerning minor children, parental authority, and child maintenance fall within the scope of family law;
Facts: leaving the home, neglect, violence, alcoholism, conflicts, contribution to expenses, etc.;
Evidence: documents, witnesses (names and addresses), interrogatory, social inquiry (where applicable);
Legal grounds: Civil Code articles for each head of claim;
Date and original signature.

If represented, a lawyer specialized in divorce representation can ensure proper document preparation and compliance with all procedural requirements. Include representative details and attach the power of attorney in original.

2. Court fee

Set by GEO 80/2013, differentiated:

200 RON – mutual consent divorce;
100 RON – fault-based divorce (gravely harmed relations);
100 RON – divorce for at least 2 years’ separation;
50 RON – divorce for health reasons.

The fee is paid in advance; proof (original receipt) is attached to the claim. If unpaid/underpaid, the court grants up to 10 days for payment and informs about legal aid (GEO 51/2008). Failure to pay or underpayment can lead to the claim being annulled.

3. Marriage certificate – copy

4. Birth certificates of minor children – copy

If missing, request duplicates from the city hall where the births were registered or ask the court to compel the defendant to file them.

5. Income certificate – original

For setting child maintenance (both spouses file certificates for the last 6 months), if there are minor children.

6. ID cards of claimant and defendant – copy

The defendant’s ID copy is not mandatory unless the divorce is by mutual consent.

7. Other documents (as applicable)

Forensic certificates, police reports, lease contract, documents on the child’s schooling/costs, proof of financial contribution, school psychologist certificates, HOA certificates, etc. All copies must be certified true; file as many sets as there are parties plus one for the court.

Competent court

Art. 914 Civil Procedure Code: the competent court is the district court of the last common home. If none exists or neither spouse lives there, competence is at the defendant’s domicile; if the defendant has no domicile in the country (but Romanian courts are competent), competence is at the claimant’s domicile. If neither has domicile in the country, they may choose any district court; absent agreement, Bucharest 5th District Court is competent.