Arhive romanian divorce procedure - Quick Consulting

Judicial divorce based on guilt

There are two cases of divorce at the court of one of the spouses:

-because of good reasons, spouses are seriously injured and marriage is only possible

at the request of one of the spouses, after a split in fact that lasted at least 2 years

Conditions

– the existence of sound reasons; that is, misunderstandings between spouses of a certain severity and duration; and not simple misunderstandings

-This reason has seriously harmed the relationship between husbands

– due to serious harm to spouses, the continuation of the marriage is no longer possible

The notion of sound reasons

– the unjustified refusal of one of the husbands to live with the other

– the unjustified departure of one of the spouses

-infidence of one of the spouses

– Inappropriate attitude of one of the spouses (acts of violence and the like)

– the existence of physiological mismatches

– the existence of an incurable serious illness of the parried husband, whose manifestations make cohabitation impossible; justifies the applicant’s refusal to cohabit.

– moral conduct, materialized in the act of breaking the family

Other circumstances that can not be grounds for divorce

-section in fact can not justify divorce; unless it is due to the culprit of the parted husband

– Ensuring that the spouse did not contribute to the maintenance of the household

The role of the culprit

– if there are sound reasons that make it impossible to continue marriage;

-the divorce can be settled on the sole fault of one of the spouses

– if the court finds the fault of both spouses can undo marriage from the common guilt regardless of the spouse who introduced the application

– if one of the husbands is attributed to the entire guilt; the innocent husband may ask the guilty husband to compensate him if he suffers harm by breaking marriage

-the marriage may not be terminated if the applicant’s fault is established; and the party did not make a counter-claim

Continuing the divorce action

– when the court pronounces divorce on sound grounds; if the applicant’s spouse dies during the trial, his heirs may continue the divorce

-continued action by heirs is admissible only if the court finds out the exclusive fault of the spouse

-the divorce act can not be continued by the heirs of the applicant’s spouse or against the spouse’s heirs.

Divorce for separation in fact

-that is the only possibility of marriage from the applicant’s fault

-one of the divorce terms for the divorce; separation in fact of more than 2 years

-the divorce must express the natural remedy of the situation presented to the judge

Establishment of culpability

-the divorce is pronounced on the sole fault of the applicant’s spouse

– There is a situation where your spouse agrees to divorce; in this situation no mention is made of the fault

Judicial divorce due to a husband’s health

-the divorce can be requested by the sick husband and also by the husband injured.

– the disease condition consists of alienation or mental debility to be a reason for divorce;

– the disease condition must have occurred during marriage

– If the disease condition exists at the end of marriage, the sanction is nullity

– The marriage proceeding is pronounced by the tutelage court without mentioning the guilt

-the disease state excludes the idea of ​​guilt

Inventory Compensation

-The material competence belongs to the judiciary

-the territorial jurisdiction belongs to the court from the circumstance of the last common spouse’s domicile; if the spouses have no common place or no longer reside in the circumscription of that judge, the jurisdiction belongs to the court in the circumscription of the domicile of the court; when the paratrooper is not domiciled in the country and the Romanian court has international jurisdiction, the jurisdiction of the district of the applicant’s domicile is competent.

– if none of the spouses live in the country, they may agree to bring the application to any court in Romania; in the absence of such a competent agreement belongs to the District 5 Court.