GENERAL INFORMATION

Divorce is the proceedings of dissolution of marriage lawfully registered when continuing the marriage has became impossible for well-grounded reasons for the person (persons) who file (s) for divorce.

A marriage can be dissolved in two ways:

• administrative: at the registry offices according to the joint declaration of the spouses or the application of one of the spouses;

• judicial: in court, if the spouses have minor children in common or disputes on dividing their property or supporting a spouse unable to work.

REGISTERING A DIVORCE ACCORDING TO THE SPOUSES’ JOINT DECLARATION OF DISSOLUTION OF MARRIAGE

A divorce act under the spouses’ joint declaration of dissolution of marriage can be registered when spouses have no minor children in common (including the ones they adopted together), and there is litigation related to dividing their property or supporting a spouse unable to work.

If one spouse is not able to appear in person at the registry office for submitting a joint declaration, they may express their will in a separate statement; in this case, their signature will be authenticated as prescribed by law.

A divorce is recorded in the presence of both or one of the spouses 1 month after filing the declaration. An unauthorized absence of one spouse while the divorce is being registered does not prevent the dissolution of marriage.

A marriage is considered dissolved from the date of registration of divorce act.

When the spouses are filing the joint declaration of divorce, the following documents should be presented:

• request for dissolution of marriage in the joint declaration of the spouses (F-19D)

• identity documents;

• marriage certificate;

• certificate from the place of residence issued by an institution in charge of the housing (housing construction cooperative, association of owners of privatized housing, or municipal enterprise (urban) housing management) or village, community, or town mayor’s office, confirming that the spouses have no minor children and / or the sworn statement that they have no minor children in common;

• confirmation of state tax payment - 100 lei (presented on the day of the registration of divorce);

• confirmation of payment for the services offered by the registry office - 100 lei for each spouse separately.

A Joint Declaration for divorce shall be filed by the spouses at the Registry Office:

• in charge of their place of residence;

• where their marriage was registered.

REGISTERING A DIVORCE ACCORDING TO A SINGLE SPOUSE’S DECLARATION OF DISSOLUTION OF MARRIAGE

The reason for registering a divorce is the declaration filed by one of the spouses in case of existence of:

• a court decision regarding the other spouse and confirming that they are:

- declared incapable;

- declared missing;

• a court sentence (issued after the marriage was registered regarding the other spouse and confirming that they are condemned to imprisonment for a term exceeding 3 years.

A marriage is considered dissolved from the date of registration of divorce act.

When one of the spouses is filing the joint declaration of divorce, the following documents should be presented:

• a spouse’s declaration of divorce;

• identity document;

• court judgment (sentence) if the other spouse is:

- declared incapable;

- declared missing;

- is sentenced to imprisonment for a term exceeding three years;

• marriage certificate or an extract from the marriage act - in case if the certificate is lost.

A divorce act is registered in 1 month from filing the relevant declaration.

To request the dissolution of marriage according to the declaration of one of the spouses, please contact the Registry Office:

• in charge of their place of residence;

• where their marriage was registered.

REGISTERING A DIVORCE ACT ACCORDING TO A COURT DECISION OF DISSOLUTION OF MARRIAGE

Registering a divorce act based on a court judgment is a way of judicial dissolution of marriage, and the divorce should be subsequently registered at the Registry Office.  

The court examines the application of dissolution of marriage in cases if the spouses have common minor children (including adopted ones), or there are disputes on dividing their property or supporting a spouse unable to work.

A marriage is considered dissolved on the day when the judgment becomes final and irrevocable.

To complete the act of divorce, the following documents should be submitted:

• request for dissolution of marriage according to a court judgment (F-18);

• court decision on dissolution of marriage, in case if the act of divorce has not been recorded before;

• identity document;

• confirmation of state tax payment as determined by the court for each spouse;

• confirmation of payment for the services to complete the act.

The act of divorce will be registered free of charge within 3 days from receipt of the copy of the court judgment by the registry office *.

The act of divorce under court judgment will be completed on the day of addressing and costs 100 lei for each spouse separately *.

* According to the Nomenclature List and Tariffs for Services Offered by Registry Offices (approved by Government Decision No 738 dated June 20, 2008, published in Monitorul Oficial No 112-114 dated June 27, 2008), and the Law on the State Tax No 1216-XII dated December 3, 1992 (published in Monitorul Oficial No 12/359 dated December 30, 1992, and republished in Monitorul Oficial No 53-55 dated April 2, 2004).

For registering and completing the divorce act, please contact the Registry Office in charge of the territorial unit where the court that issued the decision on dissolution of marriage is situated.

BENEFITS *

The following categories of individuals are exempt from paying the tariffs for the services:

• disabled persons: the 1^st, the 2^nd, and the 3^rd disability groups;

• participants of the Last World War;

• retirement pensioners;

• parents who have 3 or more children;

• participants of the liquidation of consequences of the Chernobyl accident;

• citizens of the Republic of Moldova who participated in the armed conflict protecting the interests of the Republic of Moldova – 50 per cent of the total cost of the service.

 * In accordance with Appendix No 3 to the Nomenclature and Tariffs for Services Offered by the Civil Status Service and Registry Offices (approved by Government Decision No 738 dated June 20, 2008, and published in Monitorul Oficial No 112-114 dated June 27, 2008).

COMPLEMENTARY SERVICES *

•  COMPILING AN APPLICATION REGARDING THE REGISTRATION OF A CIVIL STATUS ACT OR ITS MODIFICATION, COMPLETION, RESTORATION, AND ANNULMENT BY THE REGISTRY OFFICE

• AUTHENTICATION OF SIGNATURES ON DECLARANTS’ APPLICATIONS OF DISSOLUTION OF MARRIAGE (AUTHENTICATION OF SIGNATURES ON DECLARANTS’ APPLICATIONS (PATERNITY ESTABLISHMENT, MARRIAGE TO A CONVICTED PERSON, DISSOLUTION OF MARRIAGE) TO BE SENT TO OTHER REGISTRY OFFICES)