If you are in the process of divorce or intend to start a divorce, then you certainly need to know what the papers you need to do it. Specialists in Romanian law give us more insight into this complicated process, which are the documents needed in different situations and levels.
To help protect your interests and rights, contact a lawyer with experience in family law. The Hammond Partnership Law Firm provides legal services in family law, and the experience of decades guarantees you an efficient and productive collaboration.
Divorce at City Hall
The simplest method of breaking a marriage in a short period of time is to do it where it has been formalized. The documents required by the spouses are: birth certificate, marriage certificate and original identity document and copy. Apart from a few documents, this method does not take much time, the procedure being very simple: both spouses file an application with the civilian officer and sign it on the spot.
Said and done. However, there are two requirements to be able to end a marriage in this way: spouses have no minor children and both agree to divorce.
Divorce through mediation at the notary
The divorce mediated by a notary is the option for spouses who agree to the marriage break but have minor children in common. The papers you will need are: marriage certificate, divorce action, legal stamp, and proof of the payment for the service. The total divorce payment will cost you up to 1000 lei. The parties will decide with whom the minor children stay, which will be marked by the notary.
However, the length of the divorce will be longer, as it includes several successive appeals: visiting the notary, the documents mended by the notary, and passing the information to the City Hall.
However, if the spouses have not come to a compromise as to the name to bear after the divorce or the joint exercise of the parental rights, the notary issues a provision rejecting the divorce application and according to Art. 374 of the Civil Code directs the spouses to address the court.
Divorce in court
The file submitted to the court for the commencement of divorce proceedings must include the marriage act, the divorce proceedings, the proof of payment of a stamp duty of 39 lei and a legal stamp of 0.3 lei.
If you go to court, be prepared for the length of divorce to be longer, especially if you have problems sharing the custody.
In all three cases, responsible institutions are required to provide 30 days to make sure it is a freely accepted and well-thought-out solution by spouses.
A lawyer specialized in the area of family law is advisable in a divorce case, not just in court, but also in an administrative divorce case. A lawyer will be able to give you the information you need to know about the procedures, so you could follow them in the most correct and fast way. Hammond Partnership has a large team of specialists who will surely help you overcome all the challenges of a divorce, especially a divorce where the parties have disagreements.