1. How can we divorce in Romania and where?
In Romania, individuals can divorce by mutual agreement or, if one of the parties refuses to divorce, upon the request of the other spouse.
By mutual agreement, individuals can divorce at the City Hall – Office of Births, Deaths & Marriages – if there are no minor children involved, at the public notary, regardless if there are minor children involved or not, provided that both spouses want the divorce and agree on all aspects concerning the children they have together, but also in court, under the same terms as in front of the public notary.
If the spouses decide to divorce by mutual agreement, they don’t have to give any reasons for their decision and they only need to give their consent for the dissolution of the marriage.
If the spouses disagree about the divorce or their children, then they can only divorce in court, in front of a judge. In this case, the court must establish who bears the fault for the failure of the marriage. The fault may be of both of the spouses.
2. What are the most common reasons that spouses may invoke?
When requesting the divorce, the plaintiff may invoke the fact that they have been living apart for at least 2 years, health problems due to which living together is impossible, or any other reasons that would affect their relationship – e.g. violence, alcohol or extra-marital affairs.
3. How long does it take to divorce in Romania?
When divorcing at the City Hall or at a public notary, there is a standard deadline of 30 days. In case of a divorce by mutual agreement, in court, the procedure could last from 2 to 4 works, and if the spouses disagree about the divorce or the children, a divorce lawsuit could last somewhere between 1 and 3 years.
4. What types of evidence can be used when divorcing?
The types of evidence that can be used when divorcing are any kind of documents, cross-examinations, social worker reports, hearing children who are at least 10 years old in court proceedings, psychological assessments, audio or video recordings, reports prepared by private detectives and witnesses. In Romania, in case of a divorce settled without the consent of one of the spouses, hearing at least one witness is mandatory.
5. What other family life aspects are settled once with the divorce?
When divorcing, there are other aspects that need to be settled such as the name of both parties after the divorce, the exercise of the parental authority in case of minor children, establishing the residence of children, establishing the right of the other spouse to keep in touch with his/her children, establishing the obligation of the other spouse to pay child support. Sometimes, once with the divorce, the spouse who bears the fault of the divorce may be obliged to pay moral or material damages, or a life annuity to the other spouse.
6. Is my presence necessary when divorcing?
When divorcing at the City Hall or at the notary, it is mandatory for both spouses to go there personally, both when submitting documents but also when collecting the divorce certificate. Spouses must go together, not separately.
When divorcing in court, spouses can be represented by an attorney based on a special power of attorney signed at the notary, in case of excused absences: e.g. spouses are living or working abroad.
7. What kind of temporary measures concerning children can be ordered during divorce proceedings?
During a divorce case, the court may order temporary measures regarding the children’s residence, the right of the spouse to keep in touch with his/her children, the obligation of one of the spouse to pay child support.
8. How can a parent living abroad keep in touch with his child?
A parent living in another state can keep in touch with his children who live in Romania by visiting them at their residence, by having the children over, by receiving photos of the children or via modern communication channels: video calls, WhatsApp calls etc.
9. In case a parent lives in another EU State, is that an obstacle for joint custody?
A parent living in another EU State is not an obstacle when applying for joint custody.
10. How can a divorce resolution issued in Romania be acknowledged in another EU State?
Once the divorce resolution is final, the parties may request the issuance of a European form that can be used in any EU State and that acknowledges the dissolution of the marriage in Romania.
For questions you can contact the Head of our Family Law Department, Flavia Barbur.
Publisher: Budusan si Asociatii