Romanian Divorce Lawyer | Expert Divorce Attorney

The experts at our Romanian law firm can assist clients who are going through a divorce.

Quick Facts
Conditions for divorce in Romania	By mutual agreement (when the spouses agree to dissolve the marriage in court or in front of a notary) or through court proceedings (when the divorce is lodged by a single party)
Reasons for divorce	Irretrievable marriage breakdown, upon request after a separation of at least 2 years, upon request in case of health issues that make the marriage impossible, by mutual agreement
Legal effects of divorce on the parties	The parties can revert to their former names or keep the name gained through marriage. The former spouses are free to remarry after divorce
Legal effects of divorce on the common property	The matrimonial regime ceases immediately upon divorce or sooner, if decided by the court (starting with the date of the actual separation)
The division of common property after divorce	Co-ownership until the court decides the distribution of property (according to each of the spouses’ contributions and other criteria)
Child custody after divorce	Joint custody in most cases
Child maintenance payment after divorce	The court determines each parent’s percentage to the child’s expenses
Spousal maintenance after divorce in Romania	Only when one of the spouses claims maintenance due to a disability directly related to the marriage
Compensatory payment	Can be claimed by the plaintiff only when the marriage has had a duration of at least 20 years. Not possible when the respective spouse also requests spousal maintenance.
Legal separation in Romania (Yes/No)	No
Marriage annulment in Romania (Yes/No)	Yes
Grounds for marriage annulment	Marriage with a person under the age of 16, for other purposes than for starting a family, when performed without the provided approvals or authorizations, or when one of the parties did not consent freely to the union; a marriage is also null when one of the parties was under guardianship or when mentally incapacitated Our Romanian divorce lawyers can give you more details
Legal effects of marriage annulment	The patrimonial relationship between the spouses is subject to the general provisions of divorce In the event of marriage annulment, the children retain their status as children born during marriage Talking with our Romanian divorce lawyers can be helpful in these cases
Alternative marriage dispute resolution	Mediation can be helpful before going to court. Divorce by mutual agreement before the notary is also possible without the need to involve the court
Legal assistance during divorce	Upon request, our Romanian divorce lawyers provide complete guidance and legal representation in court

How can I get a divorce in Romania?

Several grounds for divorce are available in Romania:

• The first circumstance describes the case when both spouses agree on the separation or one of them comes with this request and the other one accepts it.
• A second case involves the generally known “grounded reasons” making the continuation of the marriage impossible since the relation between husband and wife had been irremediably damaged.
• The third situation implies the two-year separation term followed by one of the spouses’ demands for divorce.
• The fourth case indicates a rather less common situation when one of the spouses is seriously ill, making the continuation of the relationship impossible; the divorce is possible only when it is demanded by the spouse whose health no longer allows the prolongation of the marriage.

How can couples of different nationalities get a divorce in Romania?

The mutual divorce is always encouraged because it allows a faster and more diplomatic manner of dealing with this entire situation.

Two spouses coming from two different EU states have several options when choosing to divorce. In most cases, they file for divorce in the country where they are currently living.

Another alternative is to decide on the country you both lived in and which represents the present residency state for at least one of you. All options must be clearly presented to clients in order to help them identify the most suitable verdict. 

What are the types of effects of the divorce in Romania, and what is the date of the dissolution of marriage?

Generally, the date of the dissolution of marriage is represented by the date when the decision pronouncing the divorce became final.

In case of divorce by consent of spouses who have no minor children, the marriage is dissolved after the divorce certificate is issued.

The marital regime will cease on the date of the divorce application, but either spouse may ask the court, in case of divorce by consent, to set the termination of the marital regime at the date of the separation in fact.

If a spouse dies during the process of divorce and his heirs continue the divorce, the law stipulates that the date of the marriage dissolution will be the date of death.

Regarding the types of effects that divorce causes, they are effects on property relations between spouses, effects on non-property relations between spouses, and divorce effects on the relationships between parents and their children. The experts at our law firm in Romania can provide more details.

What are the effects of divorce regarding property and non-property relations between spouses?

The effects of divorce on non-property relations concern the family name after marriage and the rights of the divorced spouse. Thus, in the absence of an agreement between spouses or a court declaration regarding the reasons to keep the name during the marriage, each spouse will return to the name given before concluding the marriage.

Also, divorce is deemed to rule against the spouse whose exclusive fault caused the divorce, and that spouse will lose the rights acquired by law or by agreement concluded earlier with third parties. In case of a common fault or a divorce through common consent, these rights are preserved. 

The innocent spouse who suffered injury through the dissolution of marriage may require the other to pay damages and will be different from the performance of compensatory benefit, a benefit belonging to the spouse when the divorce is pronounced due to the exclusive fault of the defendant spouse, in order to offset the significant imbalance caused by the divorce. However, the compensatory gain can be granted only if the marriage lasted at least 20 years.

How is the relationship between parents and their minor children affected as a result of the dissolution of marriage?

In this case, the guardianship court is the one that will decide upon such relationships on specific considerations and interests of children, the psychosocial investigation report, or the parents’ agreement. Usually, parental authority will belong to both parents. However, the child’s best interest can argue the court’s decision to grant parental authority to only one parent, following the other to reserve the right to supervise the child’s growth and education and to consent to the adoption.

In exceptional cases, the court may pronounce the placement of the child to a relative, in another family, an individual, or an organization for protection under certain conditions. Our lawyers in Romania can assist you in all matters related to the well-being of children after divorce.

In terms of housing the child after divorce, the court, on the grounds of the child’s higher interest, may conclude that he/she has to live with a parent or other relatives, or even other people or a care institution. The Parent or parents who don’t live with their children have the right to have personal ties to them. The Family Law experts at our Romanian law firm can give you more details.

The guardianship court will rule on other issues as well, such as the contribution of each parent to the costs of education, growth, learning and training, and on maintenance obligations.

What are some examples of special cases that can arise during the divorce procedures in Romania?

A divorce can be a taxing process for one or both parties. As personal situations are varied, and because unilateral divorce is not always agreed upon, there are several special situations that can arise in practice.

Our team lists below some situations (or exceptions to the general rules of litigation during the divorce proceedings in Romania).

Exceptions to the personal presence of the parties are granted when:

• One spouse is serving a custodian sentence;
• A party is placed under judicial interlocution;
• One of the spouses is seriously ill;
• A party lives abroad or is in another situation that prevents them from traveling to Romania in front of the court that judges the divorce case.

In all cases involving child custody or otherwise involving the minor child, the court is obliged to hear the minor child, as per the provisions of the Civil Code.

A request for divorce, within the first instance, is rejected as unsupported when the plaintiff is justifiably absent (and only the defendant is present during the first term hearing).

The parties can reconcile during the divorce proceedings. If, at any time during the course of the divorce, the spouses decide that they wish to cancel the divorce, they may do so without any impediment, even if the stamp duty was already paid. In this situation, the court will take note of the reconciliation.

The death of one of the spouses during the divorce procedures prompts the court to terminate the marriage by final decision and close the divorce file.

How long does a divorce take in Romania?

There is no universal answer to this question, as couples and their family situations are different.

The shortest duration for a divorce in Romania is when it takes place out of court, in front of a notary public. In this case, the parties can expect to complete the procedure within 30 days if they agree on the dissolution of their marriage.

When the parties take their case to court, a conservative estimate is to expect at least 6 months for the process, in those cases in which the parties have a relatively simple distribution of assets, and no overly complicated situations concerning child custody.

In complex cases, court divorce in Romania can be expected to last over one year, especially in situations involving the custody of minor children when the parents do not agree to share custody.

Can you appeal a divorce decision issued in Romania?

Appeals can be lodged against the court that issued the decision within 30 days from its issue date.

Our competent team of lawyers has the necessary background to come up with effective solutions, being familiar with all features common to divorce involving dual citizenship or any other particularity requiring a deeper understanding of the entire process. Let us help you get through your divorce hassle-free, while you put the time aside to handle your private life. Contact our law firm in Romania now for a free case consultation!

by Cristian Darie