DILV
Family law
Family Law
Divorce and the Protection of Family Rights
Family disputes are among the most emotionally challenging and, at the same time, have the greatest practical impact—affecting housing, children, and assets. We provide discreet and thorough representation in family law cases, focusing on clear solutions and protecting our clients’ interests, and, where children are involved, on safeguarding the best interests of the minor.
What types of civil cases do we handle?
Divorce by mutual consent
The quickest route, provided both spouses agree to the divorce and its terms. This can be done through a notary (if there are no minor children or if there is full agreement regarding the children) or through the courts. Duration: a few weeks.
Fault-based divorce
When one spouse opposes the divorce or there is no agreement on the terms—such as the child’s residence, division of property, or child support—the court assesses fault and determines the terms of the divorce. We represent our clients throughout the entire process, including in preliminary negotiations that can significantly shorten the duration of the proceedings.
Divorce with an international element
Spouses of different nationalities, marriages abroad, assets in multiple countries, or a spouse residing outside Romania. International cases involve the application of private international law and collaboration with attorneys in other jurisdictions when the situation requires it.
Determining the child's residence
The court determines which parent the child will live with after the divorce, based on the child’s best interests, age, living environment, emotional bond, and stability. We represent both the parent seeking custody and the parent challenging an unfavorable decision.minorului, vârstă, mediu de viață, relație afectivă, stabilitate. Reprezentăm atât părintele care solicită încredințarea, cât și cel care contestă o decizie nefavorabilă.
Joint and sole parental authority
As a general rule, both parents share parental authority after divorce. Sole custody is granted in exceptional cases, such as abandonment, abuse, or incapacity. We provide legal representation in both situations.
Amendment of measures concerning the minor
Circumstances may change following a divorce, remarriage, health issues, or a change in financial circumstances. Any modification to the terms established by the court requires a new court order. We draft and file petitions for modification.
Visit Schedule
Establishing and adhering to a visitation schedule for the parent with whom the child does not live. When one parent repeatedly obstructs the other parent’s visits, there are legal mechanisms available to intervene.
Child support
Establishing, modifying, and enforcing maintenance obligations, both for minor children and in other situations provided for by the Civil Code. If child support is not paid, failure to comply may result in penalties, including criminal penalties. We ensure both the determination of a fair amount and the enforcement of unpaid child support.
Protection Order
Victims of domestic violence can request a temporary protection order, issued by the police on an emergency basis, or a protection order issued by a court. The order may prohibit the abuser from approaching the victim, entering the victim’s home, or contacting the victim. We provide emergency legal assistance in these situations.
Establishment ca parte civilă
Victims of domestic violence may seek compensation for emotional distress and property damage either as part of the criminal proceedings or through a separate civil action.
Division of joint property
Division of property acquired during the marriage, including real estate, bank accounts, vehicles, and business interests. When spouses cannot agree on the division, the court decides. We ensure the accurate valuation of the assets to be divided and provide representation in the legal proceedings for the division of property.
Schedule a consultation
Do you need a lawyer for a family matter? Contact us confidentially.
Monday–Friday · including online consultations for clients living abroad
FREQUENTLY ASKED QUESTIONS
At what age can a child choose which parent to live with?
The court takes into account the opinion of a child who has turned 10, but the final decision rests with the judge, who determines the best interests of the child. The child’s opinion is an important factor, but not the deciding one.
Can child support be modified after it has been set?
Yes, if there has been a change in the circumstances regarding the obligated parent’s income, the child’s needs, or the financial situation of the parent with whom the child resides. A petition for modification must be filed with the court.
What happens if my ex-husband doesn't follow the visitation schedule set by the court?
Failure to comply with the visitation schedule may result in a fine, and in cases of repeated violations, may serve as grounds for modifying the measures concerning the minor.
Can I get a divorce if my husband is abroad?
Yes. If the husband has no known address in Romania, there are specific procedures for serving him with legal documents. If he agrees to the divorce, he can sign a power of attorney that has been certified by a consulate or notary.
