What are the steps for getting a divorce in Romania? Legal guide.
Updated: 2 hours ago
Divorce represents one of the most significant and often difficult changes a person can go through in their lifetime. Regardless of the circumstances leading to the dissolution of marriage, the divorce process is emotionally charged and comes with a series of legal, financial, and personal challenges. In Romania, the law offers several ways to carry out a divorce, each with its specifics, from simplified administrative procedures to judicial ones, which require more time and resources. Choosing the method of divorce depends on several factors, including the consensus between spouses and the presence of minor children.
Therefore, it is essential to thoroughly understand the available options, the conditions that must be met, and the specific steps of each method. This article aims to provide a clear perspective on the types of divorce in Romania, demystifying the process and offering useful information to those facing this complicated transition. We will explore not only the legal aspects but also the emotional impact of divorce, with the aim of providing a comprehensive guide to facilitate navigation during this difficult period.
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Procedures for divorce
In Romania, divorce can be accomplished through three methods: administrative divorce, notarial divorce, or divorce in courts of law. Divorce via administrative or notary means is the simplest and most cost-effective. Divorce in front of the court is more complicated, requiring attendance at court hearings, increased costs (especially if the spouses appoint a lawyer), and a longer duration.
To decide which method to use, start by answering two questions: Do both spouses agree to the divorce? and, Are there any minor children?
Depending on your answers, you have the following options:
1. Administrative Divorce in Romania.
This takes place in front of the civil status officer. The competent civil status officer is from the City Hall where the marriage was officiated or from the City Hall of the locality where the spouses had their last common residence. The last common residence is not necessarily the one on the identity card, but refers to the actual residence. A joint declaration by the spouses to this effect is sufficient.
Conditions for administrative divorce
Both spouses agree to divorce.
The spouses agree on the surname they will bear after the dissolution of the marriage.
There are no minor children resulting from the marriage.
Neither spouse benefits from judicial counseling or special guardianship.
Procedure for administrative divorce
The spouses present themselves at the civil status office and declare their intention to divorce by filing a divorce application. The civil status officer gives them a reflection period of 30 days. The divorce application must be personally filed by the spouses, who cannot be represented by an agent/attorney. Personal presence of the spouses is required both at the filing of the divorce application and after the 30-day reflection period, for the issuance of the divorce certificate.
After the 30 days have elapsed from the filing of the application, they are asked by the officer if they maintain their decision and still wish to proceed with the divorce. If yes, the divorce certificate is issued.
The necessary documents for this procedure are displayed on the city halls' websites. As a rule, the spouses' birth and marriage certificates, both original and copy, and documents proving identity, both original and copy, are required.
Duration of administrative divorce
35 days from the filing of the divorce application.
Costs for administrative divorce
Approximately 500 lei.
2. Notarial Divorce Procedure by Agreement at a Notary Public Office.
How to choose the notary public for divorce?
Choose any notary office located in the locality/jurisdiction of the administrative territorial unit where the marriage was concluded or where the spouses last lived together. The last common residence is not necessarily the one on the identity card, but refers to the actual residence. The last common residence will be proven through a joint declaration of the spouses.
Conditions for divorce before a notary public
Both spouses agree to divorce.
The spouses agree on the surname they will bear after the dissolution of the marriage.
There are no minor children, or there are minor children (born during the marriage, outside of the marriage, or adopted), but the spouses agree on how parental authority will be exercised after divorce, the child's residence, the personal relationship schedule with the child, and the financial contribution to the child's upbringing and education.
Neither spouse benefits from judicial counseling or special guardianship.
If there are conflicts or disagreements between the spouses, the notary directs the parties to a mediator or to court. The spouses will decide which of the two procedures to choose.
Mediation is an alternative conflict resolution procedure, conducted in front of an impartial professional (the mediator), and can help avoid court. However, mediation requires the active and voluntary participation of both spouses, and if they do not agree, it will ultimately lead to court.
Procedure for divorce before a notary public
File the divorce application at the notary.
Spouses submit the divorce application at the notary along with the written agreement/transaction regarding the ancillary aspects of the divorce mentioned above. At the notary, the divorce application can also be filed through an attorney with a notarized or consular power of attorney. The application can be submitted through an attorney only if he is given a special mandate through a notarized power of attorney at a notary or consulate, the attorney's authorization being insufficient.
Wait 30 days.
There is a reflection period of 30 days during which the divorce will not be pronounced, and the spouses can change their mind.
Present yourself personally at the notary for the issuance of the divorce certificate.
After the expiration of the 30-day term, the spouses present themselves at the notary to be issued the divorce certificate. At this time, the spouses must present themselves personally at the notary, no longer being able to be represented by an agent/attorney.
If they still agree with the divorce and its conditions, the notary issues the divorce certificate. This document will also contain the agreement regarding children, if applicable.
Additional conditions regarding minor children.
If there are minor children, the spouses must obtain the Social Inquiry Report requested by the notary from the Guardianship Authority at the minor's domicile, to see if the child's best interest is respected in light of the agreement between the spouses.
Total duration of divorce before a notary public
Approximately 35 days from the filing of the divorce application.
Costs of divorce before a notary public
The notarial fees vary from one notary to another. According to our checks, they can start from approximately 500 lei and can reach over 1,500 lei if there are minor children.
3. Divorce in Court
Conditions for divorce in courts of law
Regardless of whether or not both spouses agree.
Regardless of whether or not there are minor children.
There is at least one reason for divorce among the following:
a) the spouses agree to divorce;
b) due to valid reasons, the relations between the spouses are severely damaged, and the continuation of the marriage is no longer possible;
c) there has been a factual separation that lasted at least 2 years. There is no legal definition of "factual separation"; this is a situation that must be proven in court through the presentation of evidence.
d) at the request of one of the spouses whose health condition makes the continuation of the marriage impossible.
Procedure for divorce in court
One of the spouses must file a divorce application. This is a lawsuit and will follow the usual judicial procedure. The court application can be filed at the court registry, by mail/courier, or by email.
After filing the application, a divorce file will be created on the roll of the respective court, which will be assigned to a panel of judges (judge). The file will be assigned a case number, and its progress can be tracked online through the website www.portal.just.ro.
Both spouses will receive citations from the court, informing them of the court documents (procedural acts), issued by the court or submitted to the file by the other party, and, respectively, the dates and times at which the court hearings are scheduled.
Where to file the divorce application?
At the court of the last common residence of the spouses. The last common residence is not necessarily the domicile on the identity card, but the one where, in fact, the spouses lived.
If the spouses did not have a common residence, the competent court is the one at the domicile of the defendant (the spouse summoned to court). If the defendant does not have domicile in Romania, then the court at the domicile of the plaintiff (the spouse who introduces the lawsuit) is competent. If neither spouse has domicile in Romania, any court becomes competent (if the spouses agree) or the Sector 5 Bucharest Court (in the absence of such an agreement).
You can check the jurisdictions of the courts on www.portal.just.ro. Each court has jurisdiction over several localities and communes, so you will need to search based on the name of the locality where the last common residence of the spouses was.
What does the divorce application include?
The divorce claim is similșar to any other court motion filed to commence a litigation and should include:
Identification data of the parties (spouses), including addresses where they live and the last common residence.
Names of the minor children of the two spouses or those adopted by them. If there are no minor children, this will be mentioned.
A copy of the marriage certificate will be attached.
A copy of the birth certificates of the minor children will be attached.
If applicable, the agreement resulting from mediation (the mediation contract) regarding the dissolution of the marriage and, if necessary, the resolution of ancillary aspects of the divorce will be attached.
The reasons for divorce, in the scenario where there is no agreement between the parties.
Stamp duty for a divorce claim
How is the divorce application judged?
If during the court procedures the spouses reconcile and no longer wish to divorce, the court will note their reconciliation and order the closure of the divorce file and the refund of the stamp duty.
The defendant spouse may also file for divorce, no later than the first court hearing at which he was legally summoned, for acts that occurred before this date. For acts that occurred after this date, the defendant may file until the beginning of the debates on the merits in the plaintiff's application.
You can read more about court procedures in this article or book an online consultation with a lawyer.
What other aspects need to be resolved (ancillary divorce claims).
At the request of the parties, the divorce court will also rule on:
a) allocation of parental rights, parents' contribution to the costs of raising and educating the children, the child's residence, and the right of the parent to have personal relations with the child;
b) the surnames of the spouses after divorce;
c) the family residence;
d) the compensation claimed for material or moral damages suffered as a result of the dissolution of the marriage;
e) the maintenance obligation or compensatory allowance between former spouses;
f) the termination of the matrimonial regime and, if applicable, the liquidation of the commun property of the spouses and the division of such property.
g) when the spouses have minor children, born before or during the marriage or adopted, the court will rule on the exercise of parental authority and the children's residence after the divorce, as well as the parents' contribution to the expenses of raising and educating the children, even if this was not requested through the divorce application.
h) the court of law will also officially rule on the names the spouses will bear after the divorce.
During the resolution of the divorce:
The parties will personally attend court sessions, except in cases provided by law (serving a prison sentence, health reasons, special guardianship, residing abroad, or any other such situation that prevents personal appearance).
If there are minor children, they will be heard by the judge.
The judge may take provisional measures regarding the determination of the minor children's residence, the maintenance obligation, the collection of the state allowance for children, and the use of the family home. Separate requests must be made in this regard.
The interested party may request legal aid to cover expenses. This can be granted for:
a) Paying the fee for ensuring representation, legal assistance, and, if necessary, defense, through a lawyer appointed or chosen by the party;
b) Paying the fee for the expert, translator, or interpreter used during the process;
c) Paying the fee for the judicial executor;
d) Exemptions, reductions, installments, or postponements of the payment of legal fees as provided by law, including those due in the enforcement phase.
Possible solutions for a divorce claim
If both spouses agree with the divorce and the ancillary requests, the judge will record their agreement and pronounce a judicial decision, without making any fault attributions.
If the spouses do not agree, the judge will administer the means of evidence and consider the arguments presented by each spouse. The means of evidence can be: documents, witnesses, interrogatories, material evidence. In the end, the judge will pronounce a judicial decision on whether to approve the divorce and to whom the fault for the dissolution of the marriage belongs.
Fault in the dissolution of the marriage can be attributed to the plaintiff spouse, the defendant spouse, or both. It is important for determining potential compensations.
When the divorce is requested because the health condition of one of the spouses makes continuing the marriage impossible, the court will administer evidence regarding the existence of the illness and the health condition of the sick spouse and will pronounce the divorce, without making any fault attributions.
If the evidence administered shows that only the plaintiff is at fault for the breakdown of the marriage, and the defendant did not request the divorce in turn (by filing a counterclaim), the divorce request will be dismissed as unfounded, except in cases where the spouses have been separated in fact for at least 2 years, and the plaintiff assumes the failure for the breakdown of the marriage.
Costs of a divorce court claim
The stamp duty (i.e., an administrative fee paid for your case to be heard) ranges between 50 lei and 200 lei, depending on the reasons for the divorce.
The stamp duty is paid in cash, by bank transfer, or online, in a distinct revenue account of the local budget "Judicial stamp duties and other stamp taxes," of the administrative-territorial unit where the individual has the domicile or residence, or if these are not in Romania, at the court's headquarters that will hear the case. On www.portal.just.ro, you can find the accounts where the stamp duty can be paid. Stamp duties can also be paid at the post office, by postal order.
Lawyers' fees are set freely by each one (learn about advantages of hiring a lawyer). The recommendation of the National Union of Romanian Bar Associations starts from 1,760 lei for filing a divorce request when there are no minor children. Significantly reduce these costs ordering a customised divorce claim.
To this fee, ancillary requests are added (the recommendation starts from 1,540 lei), representation at court sessions, filing appeals, and other legal services, if necessary.
Duration of a divorce trial
A divorce trial can last for years. If we are talking about a relatively simple process, without minor children, expect a duration of 6 months to 1 year in front of the first instance court and another 6 months to 1 year for the appeals. If there are minor children and, additionally, the parties are in conflict, the process can last between 1-2 years in front of the first instance court and just as much in the appeals.
