Divorce documents
What is the divorce procedure, what documents are needed and how much does a divorce cost
Following numerous requests, telephone and online for information on divorce, we decided to publish a complete article to answer most of the questions. How can you get divorced? Where do you get divorced? What documents are required for divorce? How much does divorce cost? How long is a divorce? Is Remote Divorce Possible? However, online documentation does not replace specialized legal assistance, you can contact us to schedule a consultation to start the collaboration.
Divorce is the way in which the marriage is carried out, by administrative (notarial or civil status) or judicial (judicial).
Divorce the notary
It is regulated by law the possibility of the notary public to open a marriage and to issue a divorce certificate.
Spouses may present themselves personally or through an agent. When submitting the documents the mandate may have one of the spouses, but when issuing the divorce certificate both spouses must be present.
Divorce procedure for notary
It can be amicably divorced at the notary’s office. Husbands must understand all aspects: after marriage, custody and domicile of minors, maintenance pension, visitation program, etc.
The divorce certificate makes no mention of guilt. In the first phase, an appointment is made to the notary, the act in which all the aspects are mentioned is completed, the notarial fee is paid, and after one month it is returned to the same notary to finalize the conclusion.
If you do not know or are not sure about your decision, you can be represented or advised by a lawyer regarding the marriage and ancillary applications (sharing, minors, etc.).
The notary will conclude any convention that falls within the legal limits but it is in your interest to know your rights and obligations and to conclude a convention to your advantage.
Costs
The minimum fee for a notarial divorce is 675 lei and is paid in full at the time of filing the application and will not be returned if the spouses change their mind.
The total fees for the divorce with minors is at least 920 lei according to the regulations of the law of notaries.
Duration of the divorce of the notary
Divorce cannot last less than a month. The divorce application is filed and from that moment the spouse must be allowed to think.
It is possible that after a minor quarrel with the impulse the spouses make a hasty decision so the law, which protects the basic cell of the society, the family, provided for this mandatory term. Many housewives were rescued during this term of thought.
Necessary documents divorce at the notary’s office
-the identity documents of the spouses
-marriage certificate
-birth certificates
Notary competent for the dissolution of marriage
You can go to any notary in the town where the marriage or last joint domicile of the spouses ended.
The proof of the common domicile is made on the basis of the identity documents or by declaration on its own (notarial) authentic responsibility. If you are from Bucharest you can go to any notary does not matter the sector.
For marriages concluded outside the borders the marriage is considered concluded at the City Hall of Sector 1, so you can go to a notary’s office in Bucharest.
Issue of marriage certificate
The notary will certify:
-the presence of husbands
-you want to break up your marriage
-you agree with the request as it is formulated
-do not be banned
-free and unfulfilled consent
A european divorce certificate can be issued.
Sharing or separating common goods
Following the divorce with the notary, the common assets can be divided by sharing. The documents for sharing are filed with the divorce, and the share certificate is issued 30 days after the marriage. The main rule is the good invocation of the spouses.
Divorce procedure for minor children
The notary may also dissolve the marriage when there are minor children resulting from the marriage or adopted by both spouses.
The cost for divorce with minor children is 920 lei (including 19% VAT). This total includes:
– the notarial fee for the divorce by agreement: 700 lei;
– the registration fee of the divorce application in the National Register of Divorce Applications: 50 lei;
– legalization of the copies of the birth certificates (spouses and minors) and the copy of the marriage certificate: 6 lei x 4;
An agreement must be concluded, which will include the family name that each will carry after the divorce, the exercise of parental authority, the establishment of the home of the minor child and other aspects presented below, in the subtitle “Conditions”.
This convention will be charged separately, after the 30 days from the filing of the divorce application and costs 60 lei (including VAT).
Psycho-social investigation is compulsory and is done free of charge through the tutelary authority service. The child over 10 years old will be required to listen. The parents have the obligation of maintenance, by means of the maintenance agreement of the minor, this aspect cannot be waived. The statement will be given by the minor together with both parents and signed by them.
Spouses must agree on the exercise of parental authority by both parents; to deface the home of the minor child after divorce; how to maintain personal relationships between the parent separately and each of the minor children; establishing the parents’ contribution to the expenses of raising, educating, teaching and professional training of children.
The maintenance obligation is calculated in relation to the income of the husband who will not stay children, as follows: up to 1/4 of his net monthly income for a child, 1/3 for 2 children and 1/2 for 3 or more children; The maintenance pension cannot exceed 1/2 of the total income. The convention may be modified by the same notary.
Divorce in civil status
Following the symmetry, the institution issuing an act may release it. That is why the marital status where the marriage was entered, can issue a divorce certificate. Spouses must agree and have no minor children.
Divorce in court
If the spouses do not understand, they must go to court.
When hiring a lawyer, a contract is made and the signing fee is paid by the parties. The contract is signed when the applicant / defendant spouse brings the documents to start the proceedings.
From the signing of the contract, the lawyer starts the proceedings for the marriage or formulates the defenses depending on the case.
In the court the divorce is pronounced: from the common fault or the fault of one of the spouses; for the separation in fact more than 2 years; if one of the spouses is not in the country and will be represented by a lawyer before the court. In front of the court, the following matters can be decided: sharing, name after marriage, custody of minor children, custody, visitation program, maintenance pension, etc.
Divorce grounds
-solid reasons
-relations between spouses were seriously injured
-the impossibility of continuing the marriage
After proving one of these aspects the divorce can be pronounced.
After proving one of these aspects the divorce can be pronounced.
a) A request is made in court (it is not a typeface that is completed in court but is a “composition” according to certain standards and rigor imposed by law). The application must contain: the data of the applicant, the defendant, what is required, the evidence and the case is briefly reported.
b) The supporting documents shall be annexed to the request for trial.
c) It is submitted by post or at the competent court in as many copies as there are procedural parties + 1 for the court
d) The request reaches the court, is randomly assigned to a judge. Following the examination of the application, the judge may request certain clarifications from the applicant. When the judge is clear, he notifies the defendant about the existence of the trial by sending one of the copies attached by the applicant.
e) The defendant has the right to comply with the divorce application by sending it to the court. Whether or not he agrees.
f) The applicant receives the court’s request and can respond.
g) Finally, the first trial term is established.
In the further development of the process it varies so much that not even a book could contain all the possibilities of what can happen. The preliminary procedure above can take between 1 month and 3 months but can be delayed even more until the first trial term. In juvenile proceedings everything happens faster but not instantaneously as everyone wants.
Divorce proceedings in juvenile court
The identity papers of the minor children are required. Psycho-social expertise is required. Parents may decide to forfeit one of their rights, the exercise of parental authority by one or both parents. The maintenance pension is calculated according to the income of the parent to whom the children will not reside and cannot be more than 1/2 of his salary.
The obedience of the minor over 10 years is compulsory and is done by the judge in his office together with both parents.
The court decision will necessarily include all these aspects even if they are not required, the ex officio judge will rule in the best interest of the child.
The necessary documents for starting the divorce process are:
1. The identity document of the person who initiates the action
2. Marriage certificate
3. Birth certificates
4. Identity document of the spouse or at least his data. The most important one is the address where his communications will be sent. Without an address, this will not let you know about the existence of the trial. There is the possibility of subpoenaing through advertising but it takes a long time to approve the court.
5. Where appropriate: birth certificates of minor children, proof of income, documents proving ownership rights for common goods, etc.
Lawyer costs
Minimum fees imposed by the bar during a divorce process; Depending on the complexity of the case and other external factors, the costs may increase.
Actions and requests regarding family relationships:
-an application for divorce without minors – 960 lei;
-an application for divorce with minors – 1680 lei;
– the applications that have as object and are not accessories of the divorce application: establishing the child’s domicile, the family home, establishing the maintenance allowance, exercising the parental authority, the right of the parent and / or other persons than the parents to have personal connections with the child, – 840 lei;
-guardianship and cleaning – 840 lei;
– interdiction – 840 lei;
-paternity clearance – 1200 lei;
-adoption assistance / representation – 1440 lei.
Divorce at a distance
Remote divorce is possible with a special mandate (power of attorney or power of attorney). Lawyer representation is much more useful knowing the course of a trial and knows how to act before the court.
The contract can also be concluded remotely by sending the contract (fax, e-mail, courier post).
Sharing of assets in court
Sharing is done by sharing the goods equally. In case the parties do not understand, consider that they have contributed more financially or that they own their own goods, the sharing is done through the court. Work in the household is taken into account by the contribution of the spouses.
The procedure of sharing can be solved separately from the divorce.
The share request is subject to the stamp duty at the value calculated according to GEO 81.
Legal regulation
Divorce is regulated in the civil code, as a remedy and in the code of civil procedure is completed for the procedural provisions. Divorce has a special procedure, different from a normal litigation.
Impossibility
-cannot be divorced without the presence of the other husband than in the case of divorce for the separation in fact more than 2 years
-neither spouse can be sanctioned for wishing for divorce or for leaving the joint domicile
-the presence of both spouses is compulsory unless one of the spouses is: abroad, incarcerated or there is another exception provided by law.
-no one can be forced to continue a marriage he no longer wants