Divorce civil suit in Romania
Family divorce lawyer in Romania. Divorce procedure in Romania
According to the regulations included in both the New Civil Code and the Civil Procedure Code regarding the divorce procedure in Romania, spouses who wish to follow this path can opt for the amicable resolution of the divorce before the civil status officer or before the notary public. In both situations, the agreement of both spouses regarding all the aspects that change following the dissolution of the marriage is required, such as determining the surname, the method of exercising parental rights, establishing the domicile of the children, or how the assets will be divided at partition in Romania. Before the civil status officer and the notary public, the spouses must appear in person to sign the divorce documents, but they may also be accompanied by a divorce attorney in Romania, who ensures compliance with all procedures. If personal presence is not possible at the time of filing the request, it may be submitted by an authorized person with an authentic power of attorney or a family divorce lawyer in Romania. The spouses must then appear before the notary at the end of the 30-day reflection period.
In case of disagreements in these matters, or if one of the spouses cannot appear before the notary, the parties may choose to pursue a divorce civil suit in Romania. In this situation, all disagreements will be addressed before the competent court to resolve the divorce action in Romania. The Romanian Law Firm Pavel Margarit and Associates recommends consulting with a divorce lawyer in Romania to assist with drafting the divorce application and submitting it to the competent authority, as well as representing your interests before it to obtain the divorce as quickly as possible.
Divorce attorney in Romania. Where do I file an application for divorce?
As a rule, the court competent to resolve the divorce procedure in Romania is the court of the district where the last common residence of the spouses was located. If the spouses did not have a common residence or if neither of them lives in the district of the court where the last common residence was located, the competent court is the one in the district where the defendant resides. If the defendant lives outside the country and the Romanian courts have international jurisdiction, then the competent court will be the one in the district of the claimant’s residence. In cases where both spouses live outside the country, they can agree to file the divorce application at any court in Romania. However, there are exceptional situations where the spouses do not reach an agreement in this regard, so the resolution of the divorce procedure will fall under the jurisdiction of the District 5 Court of the Municipality of Bucharest.
The general rule regarding territorial competence to resolve the divorce procedure in Romania also applies in the case of an amicable divorce before the notary public. Thus, the divorce application is filed with the notary public in the district of the court where the marriage was concluded or where the last common residence of the spouses was located, either personally or through a divorce attorney in Romania. The notary public grants the spouses a 30-day reflection period during which they can reconsider the divorce.
The Romanian Law Firm Pavel Margarit and Associates emphasizes the importance of consulting with a divorce lawyer in Romania to correctly determine the territorial competence of the authority that is to rule on a divorce action in Romania and to ensure that the application includes all the necessary information and is accompanied by the required documents.
Divorce lawyer in Romania. Documents needed for divorce in court
To file a divorce action in Romania with the competent court, the divorce application must be accompanied by copies of the spouses’ identification documents, the original marriage certificate, and copies of the children’s birth certificates, if applicable. The divorce application must include all essential aspects on which the spouses have agreed, from determining the family names to the manner in which parental authority will be exercised, where applicable.
A divorce lawyer in Romania can provide legal assistance for the divorce civil suit in Romania and the necessary guidance for resolving all disputes, understanding the consequences that arise following the pronouncement of the divorce, as well as preparing the required documentation and representing your rights and interests at every stage of the divorce procedure in Romania.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance in the divorce procedure in Romania. A divorce lawyer in Romania can support you in the divorce procedure in Romania. In order to benefit from our professional support and for lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Family divorce lawyer in Romania. Partition court in Romania
Partition in Romania is a procedure through which the state of co-ownership between the spouses is terminated, with the assets being divided between them, and each spouse claiming their exclusive share of those assets. The partition procedure in case of divorce can be carried out within the same process or as a separate action after the divorce has been pronounced.
Partition in Romania in case of divorce can be settled amicably or, if there are disagreements, before the partition court in Romania. In the latter situation, both spouses will have to prove how they contributed to the family life, and after analyzing the type of matrimonial regime and each one’s contribution to the family situation, the court will decide how the assets will be divided.
Consulting a divorce lawyer in Romania is essential for partition court in Romania in case of divorce, as they can explain in detail how the chosen matrimonial regime works and how it affects the division of assets. In addition, a divorce attorney in Romania manages the entire procedure in the client’s interest to obtain a fair solution in the shortest time possible.
The Romanian Law Firm Pavel Margarit and Associates offers legal services at a high professional standard in various practice areas, including those related to the divorce civil suit in Romania or partition in Romania. Our team demonstrates a complex understanding of the regulations regarding the divorce action in Romania, providing clear and effective legal solutions to all clients who have sought the services of a divorce lawyer in Romania.
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