Lawyer Adrian Tapu about divorce procedure in Romania

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Divorce procedures can be performed in Romania if the marriage was concluded or recognized by the Romanian state.

If the requirements above are met, divorce can either be performed through litigation or by agreement.

Divorce through litigation

Whenever the spouses don’t agree on the divorce itself or the reasons of the divorce, litigation is the only way through which the marriage can be terminated.

The litigation procedure can be initiated by either one of the spouses and it will be tried in two grades of jurisdiction – a first court judgement, tried before a lower ranking court (judecătorie) and an appeal judgement, which will be tried by the superior court (tribunal).

The location of the courts is determined in relation to where the spouses had their last shared residence and whether this was in Romania or not.

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Divorce by agreement

Whenever the two spouses can come to an agreement about getting a divorce and the terms of the divorce, this procedure can be made by agreement, thus making it faster and easier to deal with.

An agreed divorce can be performed by either a court, a notary public or a civil status office, each of these options having some pros and cons.

The most cost-effective option is getting divorced before a civil status officer, but this is not permissible if the spouses have children. It is also advisable to only follow this divorce procedure if the terms of the divorce are very clear as the civil status officer will not act as a mediator between the two.

The fast and easy option for spouses who have children is the divorce by agreement procedure before a notary public. This procedure will also handle the situation of where the children will live after the divorce, as well as visitation rights and which of the spouses will have to pay child support. The notary public will try to help the spouses reach an agreement on all the required terms of the divorce.

Both the procedures above are performed in a two-step process which will require the spouses to first file for the divorce and wait for a period of 30 days before they can sign the final agreement. This timeframe is provisioned by the law in order to allow the spouses to be sure that they are making the right decision and it is mandatory. If the spouses change their mind in this period, they can simply not follow up with the second part of the procedure and the divorce application will be annulled.

The third option for a divorce by agreement is the court. Although this procedure is very similar to the litigation procedure above, if all the terms of the divorce are agreed upon, the procedure is easier and faster. The taxes in this procedure are slightly lower than the ones before a notary public, but the advantage of this type of divorce by agreement is the fact that the spouses can be represented in court, thus their physical presence is not required, as opposed to the other two options.

Legal assistance in divorce procedures

Legal assistance is not mandatory in either one of the different divorce options above, but we advise that the terms of the divorce are at least discussed with a lawyer beforehand as there are numerous key points to be considered.

What is important to note is that a decision that deals with every point of a divorce is easier to enforce in the future than one that is lacking in some aspects.