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According to the Romanian law, marriage can be terminated by divorce in the following cases:
The divorce petition
The original marriage certificate will be attached to the divorce petition.
The competent law court
The competent law court for divorce cases is the first court. Even none of the spouses lives anymore in Romania and has the residence abroad, the divorce claim can be solved by a Romanian court.
The divorce petition has to be personally submitted by the spouse (the complainant) and in case of divorce by mutual agreement, the divorce petition shall be submitted personally by both spouses.
The proceedings in front of the court
The procedure in front of the court is different for the three cases above mentioned. But in all three cases the personal presence is needed of the complainant, except certain situations expressely stipulated by the law. In this respect, the Romanian law stipulates that the party who has residence abroad can be represented by an attorney-in-fact in front of the court, during all the divorce proceedings.
If both spouses agree, and they fulfil the conditions stipulated by law, at the first hearing, it is possible to change the claim from divorce for the reason of exclusive fault of one of the spouses into divorce by mutual agreement.
The reasons proving the exclusive fault of one of the spouses can be: extramarital relationships, domestic violence, verbal violence etc.; these facts can be proven by documents, witnesses, personal interrogation of the spouses etc.
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 its turn, may also submit to court a counterclaim, requesting the divorce for the reason of exclusive fault of the first complainant.
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 show the fault of both of the spouses.
In case that, following the evidence, it results only the complainant’s fault, and the defendant did not submit to the court a counterclaim, the divorce claim will be rejected by the court.
The complainant may renounce at the divorce claim anytime during the proceedings, even if the defendant opposes. The complainant’s renounciation at his own claim has no influence upon the counterclaim submitted by the defendant.
The divorce proceedings shall end in case of reconcilliation of the spouses at any stage or in front of any court.
The court will not mention the divorce reasons in the decision, in case both spouses will make a request in this respect.
The term for appeal and for recourse (the 2nd appeal) is of 30 days and it begins from the date the written decision is received by the parties.