Divorce in the Romanian Law
att. Magdalena Popeanga
According to art. 38 Romanian Family Law there are 2 ways in ending a marriage through divorce:
friendly divorce by mutual agreement
justified divorce ( both parties guilt or defendant’s guilt).
Romanian Divorce Lawyer - Divorce in Romania
For starting a divorce procedure one must fill a “Petition” with the court of the last common domicile in Romania if at least one of spouses still resides in the jurisdiction of the court of last common domicile. If not, the “Petition” must be filled with the court of the defendant’s domicile if still in Romania, if not with the court of the plaintiff’s domicile.
The “Petition” sets forth one’s position on issues such as motives of the divorce, as names, as child custody, as child suport and/or spousal suport. To this application, the lawyer must add a series of documents and prouves of the payment of the judicial taxes.
If one wants to bring in discusions issues such assets, he/she must specify it in his/her “Petition”, or later, after the divorce procedure ends.
If one have been served with such “Petition”, he/she must act quickly, because he/she has a limited time to file an “Answer” on his/her spouse with the court. The “Answer” is a document responding to the claims in the “Petition” and making claims of your own.
To one new issues raised, the person who served the “Petition” may respond by serving and filling a “Reply”.
If you are considering divorce, or have already made your decision, or simply have additional questions regarding the Romanian divorce procedure, you are invited to contact me at: firstname.lastname@example.org
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|Curierul Judiciar, Nr. 2/2015|
Editura C.H. Beck
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