ABOUT ADMINISTRATIVE DIVORCE IN THE SITUATION IN WHICH THE SPOUSES ADDRESS THE CIVIL REGISTRY OFFICER
According to the provisions of art. II of Law no. 202/2010 on some measures to accelerate the settlement of lawsuits, Law no. 4/1953 – Family Code, republished in the Official Gazette no. 13 of April 18, 1956, as subsequently amended and supplemented, is amended and supplemented.
If the spouses agree to the divorce and do not have minor children, born from marriage or adopted, the civil status officer or notary public at the place of marriage or the last common residence of the spouses may find the dissolution of the marriage by consent of the spouses, issuing a certificate of divorce, according to the law.
In case the spouses address the civil status officer, proceed as follows:
• The application for divorce (type) by administrative means is made in writing, submitted and signed by both spouses, in front of the civil status officer from the mayor’s office who keeps the marriage certificate or within whose radius is the last common home of spouses. In the divorce application, the spouses declare on their own responsibility that:
a. They agree with the dissolution of the marriage;
b. do not have minor children born out of wedlock or adopted;
c. none of the spouses is placed under interdiction;
d. they have not requested other authorities to dissolve the marriage;
e. address of the last common dwelling;
f. the name to be worn after the dissolution of the marriage;
• The following documents are required when submitting the application:
a. the birth and marriage certificates of the spouses, in original and copy;
b. the documents with which they prove the identity, in original and copy;
c. declaration before the notary public – only in the situation when the last common dwelling is other than the one registered in the identity documents of both spouses;
• The civil status officer registers the divorce application on the day it was received and grants the spouses a period of 30 calendar days, calculated from the date of filing the application, for its eventual withdrawal;
• At the expiration of the term of 30 calendar days, the civil status officer verifies if the spouses insist on divorce and if, in this sense, their consent is free and untainted, requesting a declaration (type) from the spouses. If at least one of the spouses renounces the divorce, a declaration (type) in this respect will be completed;
• If the spouses do not appear together for the submission of the above statements, a period of up to 30 calendar days may be granted to the motivated request of one of the spouses (the request must be accompanied by the documents attesting the well-founded reasons). If the spouses do not appear together even after this term, the divorce file is filed. The divorce file is also classified in the following situations:
a. if after the term of 30 calendar days from the submission of the file neither of the spouses appears;
b. if both spouses or only one renounces the divorce;
c. if before the divorce proceedings are completed, one of the spouses is placed under interdiction;
d. if before the completion of the divorce proceedings, one of the spouses has died, the marriage ending by death;
• If the conditions are met, the civil status officer finds the dissolution of the marriage by agreement of the parties and issues the divorce certificate within a maximum of 15 calendar days (from the completion of the divorce procedure by administrative means). A divorce certificate is issued to each ex-spouse. In case of loss of the divorce certificate, a duplicate can be issued on the basis of the application to the issuing unit.