Divorce in court
In Romania, divorce is pronounced by a court in most cases. The relevant legislation in the matter is made up of the New Civil Code and the Code of Civil Procedure.
Attorney’s office Alina Szilaghi has witnessed clients in countless such cases, which is why we have a special understanding of all the delicate and painful issues that arise from such processes. We are particularly experienced in finding the most effective options for completing divorce according to the rights and interests of those we represent.
With a divorce, the court is also empowered to resolve certain additional requests such as returning/retaining the name acquired through marriage, assigning the right to use the dwelling, establishing the custody of minors, setting up children’s domicile, maintenance, visit schedule, etc.
In addition, the new provisions of the Civil Code provide for the possibility for an innocent spouse to obtain monetary compensation from the spouse responsible for breaking up family relationships.
There are four categories of solutions to divest marriage in the court:
- divorce by the parties;
- divorce for good reasons;
- divorce for separation, in fact, that lasted at least 2 years; and
- divorce for the state of health that makes it impossible to continue the marriage.
Divorce by the parties
I dedicated a special section to this site, which is why we will talk about the other situations here.
Divorce for solid reasons
It is used in situations where spouses do not agree about the marriage dissolution. In such cases, very often encountered in practice, one of the spouses does not want to divorce or intends to seek redress from the other spouse. If the court finds the exclusive fault of one of the spouses in breaking marriage, the innocent husband can be compensated.
It is also commonplace that, although both spouses want to divorce, there are misunderstandings about the custody or the domicile of minors. In such cases, spouses can use divorce motives to show that the other spouse is not responsible for the children.
In general, grounds for marriage are considered infidelity, violence, alcohol or drug abuse, as well as serious misunderstandings and quarrels.
Divorce for a split in fact that lasted at least 2 years
It is applicable when spouses are no longer living together for at least 2 years. In this version, the husband requesting marriage is required to show evidence of separation in court for at least that time.
Divorce for the state of health that makes it impossible to continue the marriage
It is a variant available only to the husband who suffers from that state of health. Therefore, the other spouse can not claim marriage for this reason.
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