The Magistrates’ Strike and Its Impact on Divorce and Property Division Cases in Romania – What Litigants in Romania Need to Know

When Justice Stops: How Family Law Cases in Romania Are Affected and What Legal Solutions in Romania Exist During the Strike

The magistrates’ strike in Romania has generated an unprecedented blockage in the activity of the courts, directly affecting thousands of divorces, procedures of divorce partition, property divisions, and other civil cases. The suspension of hearings, except for urgent cases, has extended deadlines and increased pressure on litigants. In this context, the role of a civil lawyer or a litigation lawyer in Romania becomes essential for supervising case files, filing urgent motions, and maintaining communication with the courts. Through professional legal services, litigants can limit the consequences of delays and identify alternative legal solutions, including mediation or a voluntary partition of assets in applicable cases.

Procedures concerning the divorce procedure are among the most affected, especially those lacking urgent character. Only cases involving a minor or serious family situations can be resolved through an emergency presidential ordinance, according to the Code of Civil Procedure. In such cases, a divorce lawyer or a family lawyer can request urgent provisional measures for the protection of children or the regulation of domicile. A family law attorney can also recommend filing a divorce action immediately after the strike to avoid further procedural congestion. In the absence of a well-prepared legal strategy, parties risk significant delays and difficulties in enforcing previously established rights related to the partition action and custody arrangements.

In property division cases, the effects of the strike are felt in the blockage of expert evaluations and asset distribution. The absence of final court decisions leads to the impossibility of completing inheritance and judicial partition procedures. A litigation lawyer in Bucharest or an experienced litigator recommends temporary solutions such as amicable settlements or partition agreements, based on the Civil Code, to protect the clients’ assets and financial interests. During the strike, prompt and professional legal advice from a civil lawyer can prevent significant losses and ensure continuity of legal actions. Through the guidance of a partition lawyer, clients can negotiate and conclude voluntary partition settlements that mirror judicial outcomes, minimizing risk while awaiting court reopening.

In this context, the team of attorneys at the Romanian Law Firm Pavel, Mărgărit and Associates offers specialized legal services in the field of civil litigation, divorce procedure, property division, urgent procedures involving minors, as well as real estate disputes and cross-border conflicts. Through its accumulated expertise, each litigation lawyer in Romania, civil lawyer, probate lawyer, and and family lawyer within the firm manages complex cases with professionalism, including those affected by the magistrates’ strike. The firm provides personalized legal advice and efficient representation before the courts, in accordance with the Civil Code and the Code of Civil Procedure, with the goal of protecting clients’ interests and identifying rapid legal solutions even in the context of judicial blockages or pending partition actions.

Understanding the Magistrates’ Strike and Its Impact on the Romanian Court System

The magistrates’ strike represents a form of protest through which judges and prosecutors partially or totally suspend court activity, invoking professional demands (for instance, regarding service pensions). During the strike, courts operate on a restricted schedule, hearing only urgent cases such as emergency ordinances, protection orders, or measures regarding minors. This restriction results in the massive postponement of most civil disputes in Romania and commercial cases. According to recent reports, thousands of court dates have been rescheduled, while non-urgent cases remain suspended until normal activity resumes. For families involved in a divorce action or a judicial partition, the strike amplifies emotional and financial stress, emphasizing the importance of timely advice from a family law attorney or partition lawyer.

During the strike, only cases deemed urgent (as assessed by each court) are adjudicated. Courts display, at least 24 hours in advance, the list of urgent matters to be heard. All other cases are automatically postponed, and procedural notifications can resume only after full restoration of judicial activity.

In these circumstances, the role of a litigation lawyer in Romania or litigator becomes essential: they can monitor case progress, request updates from the court, and verify whether the legal requirements for urgency are met. When the strike continues, legal services provided by a civil lawyer or defense attorney are indispensable to safeguard procedural rights and file emergency motions where necessary. In parallel, voluntary partition discussions and out-of-court partition agreements may serve as practical alternatives until the judiciary fully resumes its work.

Divorce Proceedings in Romania on Hold: Delays and Temporary Solutions

In matters of divorce, the magistrates’ strike creates significant delays since most cases are considered ordinary civil disputes in Romania that do not fall under the urgent category. Thus, hearings are postponed, and parties must wait for their cases to be re-listed, sometimes after several months. In cases involving minors or urgent family situations, courts may still examine special petitions — but only if the divorce lawyer or family divorce lawyer expressly files such a motion and the court deems it a priority. A family law attorney with strong experience in both divorce action and divorce partition matters can expedite emergency filings and advise on interim solutions for housing, child custody, and maintenance.

A specialized divorce lawyer has the necessary expertise to assess whether a client’s situation qualifies as urgent, for example when the welfare of a minor or domestic violence is at stake. In these cases, the lawyer may request a presidential ordinance or provisional measures (such as determining the child’s residence or maintenance obligations) in accordance with the Code of Civil Procedure and the Civil Code provisions on family protection. Simultaneously, the partition lawyer may advise the client on preserving asset rights during the judicial suspension by drafting a partition agreement or initiating a voluntary partition if both spouses agree on asset allocation.

During the strike, communication between litigation lawyer in Bucharest, litigation lawyer in Romania, and the courts is crucial. The attorney can track the case status, request expedited hearings, and ensure that the court correctly applies the legal provisions governing urgent matters. Moreover, obtaining preventive legal advice from a civil lawyer before the strike may include the preparation of pre-emptive petitions that can be activated once the strike begins, reducing the risk of irreparable delay in both divorce action and partition action matters.

Property Division Cases in Romania: Financial and Procedural Blockages

When it comes to property division following divorce, the magistrates’ strike causes significant delays in evaluations, expert reports, and the distribution of assets. Judicial appraisals and technical reports cannot be validated by the court during the strike, effectively paralyzing partition cases. Such cases remain on hold until the courts resume normal operations, which can cause financial harm to the parties. A partition and family lawyer is essential here to coordinate with experts and preserve evidence while waiting for hearings to be rescheduled.

To counter these blockages, parties may opt for mediation or amicable settlements, thus avoiding complete dependence on the judiciary. A litigator or litigation lawyer in Bucharest can draft partition agreements that protect joint and individual assets, establish temporary liquidation mechanisms, or propose alternative provisional arrangements. Furthermore, the probate lawyer or civil lawyer can prepare all necessary documentation for prompt reactivation of the case once the strike ends and monitor how courts resume evaluations under the Civil and Procedural Codes.

These legal services are indispensable particularly for clients seeking to maintain business continuity, access mortgage-backed financing, or protect their patrimonial interests during the strike. In Bucharest, a litigation lawyer in Bucharest or experienced defense attorney specializing in real estate disputes and civil litigation can navigate between the constraints of the strike and the reinstatement of cases, minimizing damage caused by judicial paralysis.

“The new measures regarding the suspension of court activity must be approached with caution to avoid missing procedural deadlines and compromising litigants’ rights,” stated Dr. Radu Pavel, Managing Partener of the Romanian Law Firm Pavel, Mărgărit and Associates.

Presidential Orders in Romania: The Fast-Track Solution for Urgent Family and Child Cases in Romania

Even during the strike, courts are generally obliged to adjudicate urgent motions through the procedure of emergency presidential ordinances, which may impose provisional measures concerning child custody, visitation, family housing, or protective measures in domestic violence cases. Such petitions may even be resolved without prior notice to the other party if the urgency justifies it, in accordance with the Code of Civil Procedure.

A skilled divorce lawyer, litigator, or family divorce lawyer can prepare these petitions with solid legal reasoning and evidence to persuade the court to grant them urgently. In practice, some presidential ordinances have been resolved within the same day or in chambers, demonstrating that courts operate in a limited, yet functional, capacity.

Through these professional legal services, clients can obtain immediate protection even during the magistrates’ strike. Proactive consultation with a civil lawyer or defense attorney includes preparing all necessary evidence (statements, documents, evaluations) to ensure the case is ready for urgent filing when needed. In Bucharest, a litigation lawyer in Bucharest or litigation lawyer in Romania with expertise in family law will identify the competent court, separate urgent petitions, and ensure that the court fulfills its legal obligation to resolve presidential ordinances despite the ongoing strike.

Therefore, the magistrates’ strike has revealed the fragility of the Romanian judicial system and the urgent need for professional legal assistance. In a context where court activity is restricted, collaboration with a civil lawyer, litigator, divorce lawyer, and family divorce lawyer becomes essential to protect rights, obtain customized legal advice, and leverage remaining procedural opportunities. Additionally, attorneys experienced in real estate disputes and international matters can effectively handle cases involving foreign elements — such as divorces between Romanian and foreign citizens or asset division with properties located abroad — ensuring correct application of the law. Whether it involves civil disputes in Romania, the divorce procedure, or property division, only through prompt and precise legal services provided by a competent litigation lawyer in Romania can clients maintain their legal and patrimonial balance in the face of an institutional crisis such as the magistrates’ strike.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.