Divorce is a legal way to break up a marriage, administratively or judicially.
Whatever the reasons for the divorce – infidelity, domestic violence, misconduct, misunderstandings, once you have made this decision, the most important step is to seek a specialized divorce lawyer because he can defend your rights and help you in making important decisions throughout the process.
According to the new Civil Code, there are the following ways to dissolve a marriage:
– By mutual agreement
– At the request of one of the partners when he/she has good reasons and can prove that the relations between the two are seriously injured, the continuation of the marriage is impossible.
– At the request of a husband, after a real separation of at least 2 years.
– At the request of a husband who for reasons of health cannot continue the marriage.
Divorce proceedings in Romania
Legal procedure
It can be used if the spouses agree or if one of them files a divorce application in court. It is important to know that a judge cannot rule in favour of divorce if one of the spouses has a medical condition that affects his / her judgment and cannot express his / her valid consent. This procedure can be implemented regardless of the duration of the marriage and regardless of whether or not the spouses have minor children in the marriage.
Administrative procedure
If the spouses agree to divorce and do not have minor children, either born or adopted before or during the marriage, the civil status officer where the marriage took place or where they have their last joint residence can settle the divorce. According to the Romanian law, the civil status officer establishes a „thinking period” of 30 days, so that the spouses can reflect on their decision. Only after the probation period is over, the spouses can make the final decision on the dissolution of the marriage. The parties subsequently receive the divorce certificate from the civil status officer, after the marriage is declared.
Notary procedure
Spouses can choose this procedure even if they have minor children, but only if they agree on all aspects of the names of spouses after divorce, the exercise of parental authority by both parents, the residence of children, maintaining the relationship between parents and children, and parents’ contribution to the expenses necessary for raising and educating their children. The 30 day thinking period also applies to this procedure. The notary public will reject the application and help the spouses complete the divorce application in court if they fail to reach an agreement on all of the above.
Obligations regarding the raising and education of the minor
Parental authority is a right of both parents, according to the new Civil Code, but they also have the obligation to watch over the upbringing and education of the minor. The lapse of parental rights can only be disposed of in extreme cases, in which the physical, mental integrity or development of the child is endangered.
However, mutual agreement of parental authority does not mean that, for absolutely any child-related decision, both parents must agree, but only for important decisions (such as choosing the school to attend, in cases of surgery or leaving the country, etc.)
The child’s home after the divorce and the relationship with the other parent
The Civil Code states that „in the absence of agreement between the parents or if this is contrary to the best interests of the child, the court establishes, once the divorce is pronounced, the residence of the minor child to the parent with whom he or she is living permanently”.
If the child has lived with both parents until the divorce, the court will determine the domicile at one of them, taking into account his best interests. The parent who does not live with his child has the right to have personal ties with him, it is stipulated in the normative act, and the child is obliged to obey in this regard.
„Exceptionally, and only if it is in the best interests of the child, the court may establish its residence with grandparents or other relatives or persons, with their consent, or at a care institution„, it is further provided in the Civil Code. After the divorce, the parental authority is not given to one of the parents unless the judge decides that, in certain cases, it is in the best interests of the child to do so. For example, imagine the case of a violent parent. But even so, the other parent retains the right to watch over the child’s upbringing and education, as well as the right to consent to the child’s adoption, as written in the Civil Code.
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