DIVORCE IN THE ROMANIAN LAW

When a marriage doesn’t work out, it is sometimes best to simply just dissolve the marriage, which is most commonly known as a divorce.

Divorce is the legal dissolution of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties.

In most countries divorce requires the sanction of a court or other authority in a legal process. So it is the case of Romania, where the legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt.

This is generally a very trying time and many issues have to be handled out during a divorce, such as: types of divorce, filing for divorce, child custody, property division or spousal support.

Having a divorce lawyer representing you in a divorce court during a divorce case is crucial to ensure that you don’t lose everything and that every aspect of the divorce process is clearly explained to you.

The divorce must be certified by a court of law to become effective. The terms of the divorce are usually determined by the court, though they may also ratify terms that the spouses may have agreed to privately.

Divorce can be obtained in Romania by mutual consent of the spouses if they have been married for at least one year at the date of the application and if there are no children resulting from the marriage.

In the absence of mutual consent, divorce can be obtained at the request of one spouse in case there are serious grounds for divorce, for the deterioration of the relationship between the spouses or continuation of the marriage is no longer possible.

In Romania, the following cases are considered to be grounds for a divorce:

· Unjustified refusal by one of the spouses to live with the other or unjustified desertion of the conjugal home;

Infidelity of one of the spouses; Bad behavior, both moral or physical; Existence of a serious incurable disease from which one of the spouses is suffering and of which the other spouse was unaware prior to the marriage. Division of assets or child custody are of great concern during a divorce. Contact us and be sure that we are going to serve your own best interests.

One of the biggest concerns through out a divorce is how the marital property will be divided. As with most issues in a divorce, it is in the best interests of the parties to come to an agreement between themselves as to the division of the marital property.

In the event that the parties are unable to reach an agreement regarding the distribution of property, the judge will divide up the parties’ assets.A lawyer’s experienced assistance in such cases certainly comes as a great advantage in proper distribution of marital property on your own benefit.

Regarding child custody, the court is required to issue a decision concerning the custody of minor children when issuing a divorce decree, even if the spouses have not made any express application regarding custody.The court bases its decision concerning custody of minor children on the interest of the children. Before issuing its decision it must hear the parents, the tutelary authority and children of ten years and over. Once again you are going to benefit from our past experience with similar cases in reaching to a proper solving of the dispute.

The determination of the law applicable in Romania to family law matters concerning international spouses is governed by Law No. 105/1992 regarding Private International Law. In addition, the personal and property relations between the spouses are subject to ordinary national law. If the spouses are of different nationalities, they are subject to the law of their common place of domicile. Ordinary national law or the law applicable to their common place of domicile continues to apply even if one of the spouses changes nationality or place of domicile. If the spouses are of different nationalities or have different places of domicile, the personal and property relations between them are subject to the law of the State in which they have or had their common residence or in which they maintain their closest common ties. If the foreign law in question does not permit divorce or permits it subject to different conditions, Romanian law applies if one of the spouses is a Romanian citizen at the date of the application for divorce.

If you are considering divorce, or have already made your decision, or simply have additional questions regarding the Romanian divorce procedure, do not hessitate to contact us.