Divorce is the dissolution of marriage, and in Romania it can take place in the following cases:
- by agreement of the spouses (by administrative, notarial or judicial means);
- by fault - for serious reasons which make it impossible to continue the marriage or for a de facto separation of at least 2 years (by judicial means)
- on grounds of the state of health of one of the spouses making it impossible for the marriage to continue, at his or her request (by legal proceedings).
Divorce by agreement may be granted
- administratively - when the spouses wish to divorce and have no minor children;
- by notary - when the spouses wish to divorce, whether or not they have minor children, and agree on a number of related issues, such as the name to be borne by each spouse, the exercise of joint parental authority, the establishment of the children's place of residence, the arrangements for the personal ties between the separated parent and the children, and the contribution of the parents to the upbringing and education of the children. A notarial divorce can be pronounced even if the spouses do not agree on the division of property, and the division will be finalized later, amicably or in court;
- by court - if the spouses agree to the dissolution of the marriage.
Fault-based divorce refers to a divorce pronounced as a result of the fault of one of the spouses (exclusive fault) or of both (joint fault).
Depending on the grounds for divorce, the court will pronounce the divorce on the grounds of fault of one of the spouses or joint fault if the evidence shows that both are at fault. The fault established is relevant in that the court may in certain circumstances order the spouse at fault to pay compensation for the damage suffered by the other spouse as a result of the dissolution of the marriage.
The court shall also rule on:
- the exercise of parental authority, the establishment of the children's residence after the divorce and the parents' contribution to the upbringing and education of the children, where there are minor children;
- the name the spouses will take after the divorce.
At the request of the parties, the court also decides on: family residence, damages, maintenance or compensatory benefits, termination of the matrimonial property regime and division of joint property.
As regards the division of joint property, the procedure can be carried out at the request of either spouse, either during the divorce proceedings or in a separate action at a later stage.
If you need legal assistance and representation during the divorce process, our team is at your disposal. We offer support to protect your rights and interests, whether it is an amicable or contentious divorce, the division of joint property, the exercise of parental authority or other related issues.