How to Divorce in Romania (2026): Procedure, Jurisdiction for Foreigners, Custody & Maintenance

How to divorce in Romania is one of the most frequent questions foreign spouses, expats and mixed-nationality couples raise when a marriage breaks down while one or both partners are living in, or connected to, the country. This guide sets out the full procedure step by step, explains which courts have jurisdiction when one spouse is not Romanian, and covers custody, maintenance, documents, timelines and costs. Because contested cases and cross-border matters can turn on discretionary judicial interpretation, this guide also flags clearly where professional legal advice becomes essential.

Quick summary, Can you divorce in Romania?

Romania recognises several routes to divorce, and the right one depends on whether both spouses agree, whether children are involved, and whether the case has an international dimension. The governing rules sit in the Romanian Civil Code (Law No. 287/2009), supported by the Code of Civil Procedure and, for cross-border matters, EU instruments and international conventions. Understanding your route early saves time, money and stress.

Who can start a divorce in Romania

Eligibility to divorce in Romania is broader than many foreigners assume. You do not need to be a Romanian national. In general terms:

• Romanian nationals. May divorce in Romania regardless of where they currently live, subject to jurisdiction rules.
• Foreign spouses resident in Romania. Where at least one spouse is habitually resident in Romania, Romanian courts will typically have jurisdiction to hear the case.
• Mixed-nationality couples. A Romanian married to a foreign national can usually bring proceedings in Romania, and a foreign couple with a genuine connection to Romania (such as habitual residence) may also do so.

The precise jurisdictional test is set out later in this guide, because it is the single most important issue for anyone asking how to divorce in Romania as a foreigner. The core distinction is between domicile (legal residence) and habitual residence, which drives which court, and in cross-border cases which country, will hear your matter.

Main routes: uncontested (mutual agreement) vs contested (litigation)

• Uncontested (consensual) divorce. Both spouses agree to divorce and, where relevant, on custody, maintenance and property. This is faster, cheaper and less adversarial, the preferred route for most couples, including foreigners.
• Contested divorce. One spouse opposes the divorce, or the parties cannot agree on children, money or assets. This proceeds through litigation, with evidence, hearings and potential appeals.

How to divorce in Romania: step-by-step procedure

The procedure differs significantly depending on whether your divorce is consensual or contested. Below, each route is broken down into practical steps. Romania offers three main routes for consensual divorce, administrative (before the civil registrar), notarial (before a public notary), and judicial (before a court). The administrative and notarial routes are available for straightforward consensual divorces in defined circumstances, including in certain cases where there are minor children, subject to statutory conditions. Where issues are contested, or where a more complex international element exists, the judicial route is usually the safer path for foreign parties.

Uncontested (consensual) divorce, process, documents and timeline

Where both spouses agree, the process is designed to be efficient. The typical sequence is:

1. Agreement in principle. Both spouses confirm they wish to divorce and reach agreement on the key ancillary matters, custody arrangements, maintenance, use of the family home and division of assets.
2. Prepare and translate documents. Gather the marriage certificate, identity documents, proof of residence and any documents relating to children and assets. Foreign-language documents must be translated by an authorised translator and, where required, apostilled or legalised.
3. File the joint request. The consensual divorce request is submitted to the competent authority, a civil registrar, notary or court depending on your circumstances.
4. Reflection period and verification. Where the divorce is handled administratively or before a notary, the law provides for a reflection period before the divorce is granted. Where minor children are involved and the divorce proceeds before a court, the court verifies that the agreed arrangements serve the best interests of the child.
5. Issue of the divorce. Once granted, the divorce is pronounced and recorded. The marital status change is registered with the civil registry.

A consensual divorce without contested issues can conclude within a matter of weeks to a few months, depending on the route chosen and the workload of the relevant authority. Where minor children require a court to review arrangements, expect the timeline to extend accordingly. For foreigners, the practical bottleneck is often document translation and legalisation rather than the divorce itself.

Contested divorce, filing, proof, evidence, hearings and appeals

A contested divorce is a full civil action and follows the ordinary rules of civil procedure. The main stages are:

1. Filing the petition. The petitioning spouse files a divorce claim (cerere de divorț) with the competent court, setting out grounds and any claims relating to children, maintenance and assets.
2. Service on the respondent. The other spouse is formally served. Where the respondent lives abroad, service follows international rules and can add significant time.
3. Evidence and pleadings. Each party presents evidence, documents, witness statements and, in disputes over children, potentially social inquiry reports and expert input. Witness lists and documentary evidence must be lodged in accordance with procedural deadlines.
4. Hearings. The court holds one or more hearings, examines evidence and hears the parties. In cases involving children, the court prioritises the best interests of the child in deciding custody, access and maintenance.
5. Judgment. The court pronounces the divorce and rules on ancillary matters. The judgment sets out custody, parental responsibility, maintenance and, where claimed, property division.
6. Appeal. A dissatisfied party may appeal within the statutory deadline. Appeals extend the overall timeline considerably.

Contested divorces routinely take a year or longer, particularly where there is an international element, where service abroad is required, or where custody and maintenance are heavily disputed. Legal representation is strongly advised for any contested matter, and effectively essential where cross-border enforcement or child relocation is at issue.

Jurisdiction rules for foreigners and international cases

For anyone researching how to divorce in Romania from abroad, jurisdiction is the decisive question. It determines whether Romanian courts can hear your case at all, and it can affect which country’s law applies to custody, maintenance and property.

Domestic jurisdiction under Romanian law

Internally, the Romanian Code of Civil Procedure and the Civil Code (Law No. 287/2009) determine which court is territorially competent, generally by reference to the spouses’ last common residence or the residence of the respondent. Divorce actions are heard at first instance by the competent local court (judecătorie). Where minor children are involved, the same court determines custody, parental responsibility and maintenance as part of the divorce.

Cross-border jurisdiction: EU nationals, habitual residence and domicile

Where the case crosses borders, EU rules on jurisdiction and recognition in matrimonial matters apply for cases connected to EU Member States, layered over the private international law provisions of the Romanian Civil Code. The practical touchstones are:

• Habitual residence. The place where a spouse actually and habitually lives is central to establishing jurisdiction in cross-border divorce. Romanian courts can typically hear a case where one or both spouses are habitually resident in Romania.
• Nationality. The common nationality of the spouses can, in some circumstances, ground jurisdiction under EU rules even where neither is currently resident.
• Domicile versus habitual residence. These are distinct concepts. Domicile is a formal, legal connection; habitual residence is factual. For foreigners, habitual residence is usually the more relevant test in practice.

The European e-Justice Portal provides an overview of how EU jurisdiction and recognition rules operate in family matters. Because getting jurisdiction wrong can result in a divorce that is difficult to recognise elsewhere, or in parallel proceedings in two countries, this is precisely the point at which early legal advice pays for itself. Understanding how to divorce in Romania as a foreigner therefore starts with a clear jurisdictional analysis before any petition is filed.

Service of process and representing an absent spouse

Where a spouse lives outside Romania, they must still be properly served. International service is governed by EU rules and international conventions and can add weeks or months. A foreign spouse can generally be represented by a Romanian avocat (lawyer) and need not attend every hearing in person, though the court may require personal attendance at key stages, particularly for consensual divorces confirming intent. Practical steps for foreign parties include arranging a power of attorney, ensuring translated and legalised documents are ready, and considering interim or emergency orders where children’s welfare is at risk.

Recognition of foreign divorces (exequatur) in Romania

Many people connected to Romania divorce abroad and later need that divorce recognised in Romania, for remarriage, property, inheritance or to update civil status records. This process is broadly known as exequatur or recognition of a foreign judgment.

When a foreign divorce needs recognition in Romania

Whether a foreign divorce is automatically effective in Romania or requires a formal recognition procedure depends on where it was granted. Divorces pronounced within the EU generally benefit from streamlined recognition under EU rules, so a separate court procedure may not be required to update civil status. Divorces from outside the EU typically require a recognition (exequatur) procedure before a Romanian court before they take full effect in Romania. The private international law provisions of the Romanian Civil Code and the European e-Justice Portal set out the framework for cross-border recognition.

Documents required and common pitfalls

Recognition applications succeed or fail on documentation. A typical bundle includes:

• The foreign divorce judgment. A certified copy, often with confirmation that it is final and no longer subject to appeal.
• Certified translation. Translation into Romanian by an authorised translator.
• Apostille or legalisation. Depending on the country of origin, documents must be apostilled (for states party to the relevant Hague apostille framework) or otherwise legalised.
• Proof of proper service. Evidence that the respondent was properly notified in the original proceedings, a frequent sticking point.

Common pitfalls include missing finality certificates, translations by unauthorised translators, and gaps in proof of service. Getting the bundle right the first time is far cheaper than reopening a rejected application. For international families, recognition is often the quiet obstacle that arises long after the divorce itself is complete.

Child custody, parental responsibility and relocation

Where children are involved, custody and parental responsibility are usually the most emotionally and legally significant elements of the divorce. Romanian law approaches these questions through the lens of the best interests of the child, as reflected in the Civil Code.

Romanian rules on parental responsibility after divorce

Romanian law generally favours joint parental authority after divorce, meaning both parents continue to share the exercise of parental authority over major decisions affecting the child, education, health and upbringing. The court will determine with whom the child primarily lives and how parental authority is exercised, departing from joint authority only where the child’s best interests require it. This distinction between shared decision-making (parental authority) and the child’s primary residence (physical custody) is important for foreign parents accustomed to different terminology in their home systems.

Access, relocation and Hague cases

The parent with whom the child does not primarily live is normally entitled to a defined schedule of access and personal relationships with the child. Relocation, whether within Romania or, more sensitively, across borders, is one of the most contested issues for international families. A parent cannot unilaterally relocate a child abroad against the other parent’s rights without proper authorisation, and doing so can trigger international child abduction proceedings. The Hague Conference on Private International Law (HCCH) administers the conventions governing the wrongful removal or retention of children and their prompt return, which apply between Romania and other contracting states.

Where a child is wrongfully removed to or from Romania, these mechanisms provide a structured route to seek return and to protect access rights.

Enforcement of custody orders

A custody order is only as good as its enforcement. Romanian law provides mechanisms to enforce custody and access arrangements, and for cross-border cases, EU rules and HCCH instruments support the recognition and enforcement of orders between countries. Persistent non-compliance can lead to escalating enforcement measures. Because enforcement across borders is technical, this is another area where specialist cross-border experience matters.

Child and spousal maintenance (alimony)

Maintenance, both child support and, in some cases, spousal support, is often the most financially consequential outcome of a divorce.

Legal bases for maintenance in Romania

The obligation to provide maintenance flows from the Civil Code (Law No. 287/2009). Parents owe a duty to maintain their children according to the child’s needs and the parents’ means. Under the Civil Code, child maintenance is generally set as a proportion of the paying parent’s income, scaled to the number of children, commonly expressed as up to around one quarter of net income for one child, one third for two children, and one half for three or more children, with the court retaining discretion to adjust the figure to the child’s needs and the parties’ circumstances.

Spousal maintenance (alimony) may be available in defined circumstances, for example where a former spouse is unable to support themselves due to incapacity arising before or during the marriage, but it is more limited and discretionary than child maintenance. The court retains discretion to reflect the specific facts of each family.

Confirming the current framework

Because maintenance depends on the current legal framework and on the specific facts of each case, any calculation should be confirmed against the up-to-date text of the Civil Code, as published in the Monitorul Oficial al României (the Official Gazette), rather than treated as a fixed rule of thumb. Where maintenance was agreed or ordered some time ago, there may be grounds to review the position if circumstances have changed. Professional advice is important, since the outcome can move materially depending on income, the number of children and the child’s needs.

Enforcement, modification and cross-border collection

Maintenance can be enforced through the courts and enforcement officers where a parent fails to pay. Orders can also be modified where circumstances change, a rise or fall in income, or a change in the child’s needs. For international families, cross-border collection of maintenance is supported by EU rules and international instruments, allowing an order made in one country to be enforced in another. This is a practical lifeline where the paying parent lives abroad.

Costs, fees and realistic budgets

Cost is a legitimate concern, and it varies widely depending on complexity. The main components are court fees (judicial stamp duty), lawyer fees, and translation and notarisation costs. As general guidance, and these are estimates, not fixed quotes:

• Uncontested divorce. The lowest cost route. Court, registrar or notarial fees are modest, and lawyer involvement, where used, is limited. Translation and legalisation of foreign documents are often the main additional cost for foreigners.
• Contested divorce. Substantially more expensive, driven by the number of hearings, the volume of evidence, expert reports and any appeals. Cross-border service and enforcement add further cost.
• Recognition (exequatur). A discrete cost centred on the court procedure plus certified translation, apostille or legalisation of the foreign judgment.

Judicial stamp duty is set under the applicable legislation on court fees and is payable at the rates in force. Lawyers (avocați) in Romania commonly work on either an hourly or a fixed-fee basis. For a straightforward uncontested divorce, a fixed fee is common; for contested or cross-border litigation, hourly or staged fees are more typical. Always ask for a clear fee estimate and scope in writing at the outset, and confirm whether translation and third-party costs are included.

Practical checklist and document list

Preparing your documents early is the single most effective way to speed up any divorce with an international element. A typical document list includes:

• Marriage certificate. Original or certified copy; translated and legalised if issued abroad.
• Identity documents. Passports or national ID cards for both spouses.
• Proof of residence. Evidence of habitual residence in Romania where jurisdiction depends on it.
• Children’s documents. Birth certificates and any existing custody or maintenance arrangements.
• Asset and income information. Property records, bank details and income evidence relevant to maintenance and property division.
• Foreign judgments. Any existing foreign divorce or custody order, with finality certificate, translation and apostille or legalisation, where recognition is sought.
• Power of attorney. Where a spouse abroad is to be represented by a Romanian lawyer.

Foreign-language documents must be translated into Romanian by an authorised translator, and many will require apostille or legalisation depending on the country of origin.

Comparison table: uncontested vs contested vs recognition of a foreign divorce

When to hire a lawyer and how to choose one in Romania

Not every divorce needs a lawyer, but many benefit from one, and some require specialist counsel from day one. Consider engaging a lawyer where:

• The case is contested, or custody, maintenance or property are in dispute.
• There is an international element, a foreign spouse, cross-border jurisdiction, service abroad, or enforcement in another country.
• Children’s welfare is urgent, and emergency or interim orders may be needed.
• Recognition of a foreign divorce or order is required.

Questions to ask when choosing counsel for how to divorce in Romania

When selecting an avocat, ask about their experience with cross-border family cases, whether they can work in your language, how they structure fees (hourly versus fixed), and their approach to Hague cases and cross-border enforcement if relevant. A lawyer who regularly handles international families will anticipate the document, jurisdiction and enforcement issues that catch out generalists. Lawyers in Romania are regulated by the Uniunea Națională a Barourilor din România (UNBR), the national union of bar associations, which sets professional and ethical standards for the profession.

Next steps

Knowing how to divorce in Romania is the first step; applying it correctly to your circumstances is the decisive one. Start by confirming jurisdiction, then identify whether your case is uncontested, contested or a recognition matter, and assemble your translated and legalised documents early. Where children, maintenance or cross-border enforcement are involved, early specialist advice protects your position and avoids costly mistakes. For tailored guidance on how to divorce in Romania in your situation, speak to a qualified Romanian family lawyer with cross-border experience before you file.

Sources

1. Romanian Ministry of Justice (Ministerul Justiției)
2. Legislație, Romanian Legislation Database
3. Monitorul Oficial al României
4. Înalta Curte de Casație și Justiție (High Court of Cassation and Justice)
5. Uniunea Națională a Barourilor din România (UNBR)
6. Hague Conference on Private International Law (HCCH)
7. European e-Justice Portal