Whatever the reasons for starting a divorce – infidelity, domestic violence, character mismatch, misunderstandings, once you have made that decision, the most important step is to choose a good divorce lawyer because he can defend your rights and help you throughout the process.
Our approach helps or clients to understand the divorce process and its legal and practical implications, so that the complexity, costs and time required to resolve conflicts is kept to a minimum.
Choosing a good divorce lawyer is a complicated legal process, but necessary when problems arise in the marriage that cannot be resolved amicably or through a mediator.
According to the new civil code, there are the following options for dissolving a marriage:
– When both parties agree to the way in which a marriage will end. It is called an uncontested divorce.
– At the request of a spouse, if he has good reason to prove that the relationship between the two is seriously damaged, the continuation of the marriage is impossible.
– At the request of a spouse, after a real separation of at least 2 years
– At the request of a husband who for health reasons can no longer continue the marriage
Is the presence of spouses before the judge mandatory?
The divorce action is personal, so, before the courts of first instance, the parties must appear in person, except in cases limited by law, namely:
– one of the spouses is serving a custodial sentence
– is prevented by a serious illness
– is placed under judicial interdiction
– resides abroad
– is in another such situation that prevents him from presenting himself.
In such cases, the party may be represented by a divorce lawyer, which is obliged to prove the impossibility of presentation.
Therefore, the Romanian citizen residing abroad can come in person at each trial in Romania or can mandate a lawyer for his representation, with the obligation, however, to prove his residence abroad.
What is the legal definition of a proper cause in Romanian legislation?
The law does not explicitly state what ‘proper cause’ means, thus leaving it to the court to determine according to the specific features of the situation (and how it is presented by the spouses, or their lawyers) whether certain circumstances constitute ‘proper cause’. Regarding them, in order to understand the content of the phrase, a first step would be Art. 308 – 310 Civil Code which regulates the personal rights and duties of spouses, constitutional provisions, provisions of the criminal code.
Among the most common proper reasons invoked and accepted we mention:
– marital infidelity
– acts of mental or physical violence
– censorship / unauthorized impairment of social and professional relations
– repeated breach of the obligation to respect the spouse, etc.
How to file for divorce when you are living abroad
Due to the changing conceptions of life and due to the current socio-economic realities, in which approximately 1 in 4 Romanians work or live abroad, the number of long-term divorces is constantly increasing. Neither partner agrees to live in the agony of a relationship that has not worked for a long time. Thus, the decision to end the marriage through a divorce is a necessary choice.
When your spouse lives out of the country, you can still file for divorce. Each state has its own divorce laws. For example, there are different rules regarding residency and service requirements. Make sure you understand where you can file for divorce and how to serve the required paperwork on your spouse.
If you live abroad and want to divorce without having to come to the country, you can hire a divorce lawyer to do this on your behalf. He will take care of all the details, without the need for you to be present in Romania to divorce.
Depending on the complexity of the case, but above all, for the psychological comfort of those directly involved as parties to the trial (husband and wife) they can choose the legal services of a divorce lawyer from Hammond Partnership.
Over time, the clients for which we provided our lawyer services, whether it had to do with custody and placement, divorce, parental responsibility, custody and visiting rights after separation or if they needed a divorce lawyer to provide legal assistance or representation in court, their opinion was that our fee is decent for a divorce attorney. Regardless of the outcome, we fix a flat fee for the dispute in which the lawyer represents his client. However, if the results stipulated in the contract and targeted by the client are achieved, there will also be a successful fee.