By: Eli Doron, Adv; Yaron Tikotzky, Adv, (C.P.A); Dr.Slomo Nass, Adv, (C.P.A)
The dissolution of marriage through divorce is a legal means by which the marriage is ended according to the decision of the court of law, when due to certain serious reasons, the relationship of the spouses is seriously impaired and it is no longer possible to continue the marriage.
The Romanian Family Code stipulates the legal cases of divorce:
- Divorce by mutual agreement, requested by both spouses
- Divorce by reason of exclusive fault of one of the spouses, requested by one spouse. In this case, however, following the evidence, the court shall establish the fault of both spouses, the court will decide to terminate the marriage by divorce, for the reason of common fault of both spouses.
- A third case is that when the divorce is requested by any of the spouses, as because of his health state, it is impossible to continue the marriage.
- Regarding the divorce by mutual agreement, the Romanian law provides the fulfillment of two conditions:
a) it passed at least one year since the marriage was performed and
b) there are no minor children resulted from the respective marriage.
In case of divorce by agreement, the divorce petition must be signed and submitted to the court personally, by both spouses. After receiving the petition, the judge will check the consent of both spouses, then will set a term of at least two months for public debates. At the hearing, the court will check if the spouses insist on divorce based on their mutual agreement and, if so, the application will proceed to be decide upon by the court, without the need to any evidence regarding the reasons of divorce.
- Divorce for the reason of exclusive fault of one of the spouses, requested by one spouse
In order to obtain a divorce decision for this reason, the complainant has to prove the exclusive fault of the other spouse. The other spouse, at his turn, may also submit to court a counterclaim, requesting the divorce for the reason of the exclusive fault of the first complainant.
The reasons of exclusive fault can be: extramarital relationships, domestic violence, verbal violence etc.; these facts can be proven by documents, witnesses, personal interrogation of the spouses etc.
All the proven facts have to show that family relationships are seriously and irreparably damaged, that it is impossible to continue the marriage, and that there is no possibility of reconciliation between the spouses.
The court can decide the divorce for the fault of both spouses, even when only one of them made the petition, if the evidence shows the fault of both of them.
- In case the divorce is requested by any of the spouses, for the reason that because of his health state, it is impossible to continue the marriage, the court will decide the termination of the marriage and not the divorce for the reason of the exclusive fault of one or of both spouses.