{"id":4837,"date":"2022-11-14T10:36:39","date_gmt":"2022-11-14T08:36:39","guid":{"rendered":"http:\/\/blaj-law.ro\/?post_type=servicii&p=4837"},"modified":"2025-03-24T13:31:39","modified_gmt":"2025-03-24T11:31:39","slug":"divorce","status":"publish","type":"servicii","link":"https:\/\/blaj-law.ro\/en\/services\/family-law\/divorce\/","title":{"rendered":"Divorce in Romania"},"content":{"rendered":"

Divorce is the legal method by which a marriage is dissolved, and the procedure may vary depending on the presence or absence of minor children born from the marriage, outside it, or adopted. Romanian legislation, through the <\/span>Civil Code<\/b> and the <\/span>Code of Civil Procedure<\/b>, regulates the ways to obtain a divorce and the relevant aspects for each specific procedure.<\/span><\/p>\n

At Blaj Law<\/a>, we offer specialized legal consultancy to guide you through the divorce process, regardless of its complexity. Our team can assist you in choosing the most appropriate procedure, protecting your rights and interests throughout this legal process.<\/p>\n

Divorce without minor children in Romania<\/b><\/h2>\n

When spouses wish to divorce and do not have minor children, the law provides several ways to dissolve the marriage:<\/span><\/p>\n

Administrative divorce in Romania<\/b>: According to <\/span>Art. 375 para. (1) of the Civil Code<\/b>, if both spouses agree to divorce and have no minor children, they may file a joint application with the civil status officer at the place where the marriage was concluded or where their last common residence was. The civil status officer registers the application and grants a 30-day reflection period. After this period, if the spouses maintain their decision, the officer finalizes the divorce and issues the divorce certificate.<\/span><\/p>\n

Notarial divorce in Romania<\/b>: Similar to the administrative procedure, <\/span>Art. 375 para. (1) of the Civil Code<\/b> allows spouses without minor children to request divorce at a notary public located at the place of marriage or their last shared residence. The procedure involves submitting a joint request, a 30-day reflection period, and if both parties maintain their agreement, the notary issues the divorce certificate.<\/span><\/p>\n

Judicial divorce<\/b>: If the spouses do not agree to divorce or wish to go through court, <\/span>Art. 373 letter a) of the Civil Code<\/b> provides the possibility to file a divorce petition with the competent court. According to <\/span>Art. 915 para. (1) of the Code of Civil Procedure<\/b>, jurisdiction generally lies with the court within the area of the couple’s last common residence. If no such residence exists, or neither party resides there anymore, the petition is filed with the court where the defendant resides.<\/span><\/p>\n

The team of attorneys in Cluj<\/a> at Blaj Law can offer legal assistance in choosing the most suitable divorce procedure, ensuring that all legal aspects are handled correctly and efficiently. Whether you choose an amicable solution or the divorce requires court intervention, we support you throughout the process to protect your rights and interests.<\/p>\n

Divorce with minor children in Romania<\/b><\/h2>\n

When the marriage has resulted in minor children, the divorce procedure in Romania involves additional aspects related to parental authority, the children’s residence, and contributions to their maintenance:<\/span><\/p>\n

1. Notarial divorce in Romania<\/b>: According to <\/span>Art. 375 para. (2) of the Civil Code<\/b>, spouses may opt for divorce before a notary public even when minor children are involved, provided they reach an agreement on all matters concerning:<\/span><\/p>\n