Divorce in Romania- implications and procedures


Divorce is difficult for anyone in this situation. Precisely because of vulnerability and the possibility of viewing the problem in a subjective way, it is recommended that each spouse be assisted by a lawyer throughout the procedure.

In Romania, marriage dissolution can occur following an amicable settlement before the notary public or the civil registrar in certain situations. If there are disagreements between the spouses, the divorce procedure will take place before the court.

Obtaining a divorce by notarial or administrative means requires the parties to agree on all aspects of the marriage after its dissolution, such as the exercise of parental rights, the establishment of a name, and the family residence. Thus, there must be no disagreement on any aspect in order to use this route.
Next, we will discuss the divorce procedure in court, as the assistance of a lawyer can be of considerable help.

By filing a petition, either spouse can mainly request the dissolution of the marriage. Still, they can also make additional claims regarding the name, custody of the children, the child’s residence, and the method of maintenance.

The dissolution of the marriage by the court is the only solution where the spouses disagree and want the court to determine in an objective and concrete way the division and distribution of all aspects after the termination.

We will go on to outline some of the essential effects of divorce on the lives of both spouses and children:

The most important issue following divorce is the situation of the children. The dissolution of the marriage also means a change in the child’s family environment. It is, therefore, necessary to determine in concrete terms where the child will live and how parental authority will be exercised.

These issues are always determined in relation to the child’s best interests, who should not be subject to a separation with psychological solid effects. Still, there are situations where the dissolution of the marriage intervenes precisely for these reasons, an environment lacking comfort for the child’s upbringing. In such cases, the parent guilty of separation may even be deprived of parental rights.

Another aspect of the split, but directly related to the first, is the determination of maintenance. A subsidiary claim to the dissolution of the marriage may also be the establishment of a net monthly benefit from the income of the non-custodial parent. The analysis is made in relation to the parent’s net monthly income. The amount can be fixed precisely for a more extended period of time, or it can be updated according to changes in the net monthly income.

Divorce also affects the property of the spouses, so the partition procedure can be carried out in the same process or be a separate application after the divorce. Partition is the division of family property, and for this procedure, each spouse must prove how they have contributed to family life and how they have contributed both money and in kind if they have done so.

An example might be when the mother spends more time in the household on childcare and housekeeping activities. The children’s upbringing and the family home’s maintenance represent a significant contribution. The court can take this into account to a very high degree in liquidating the assets held by the spouses.
Of course, the partition is a broader discussion, as it also involves analysis of the type of matrimonial property regime and other aspects, to which we will devote a separate section.

The role of the lawyer in a divorce process is very important in relation to the subjective way in which the spouses look at the separation situation.
If you find yourself in a situation where you need advice prior to the commencement of a divorce proceeding or if there is a proceeding commenced to which you are a party, our team is available to answer any questions.

The following documents are required to file for divorce in Romania:

  • Copy of identity card;
  • Original marriage certificate;
  • If there are copies of the birth certificate.

Find clarity and peace in your divorce proceedings—contact our divorce lawyers in Romania for a consultation today.