The marriage can be terminated in two ways:
- administrative – in civil status offices, on the basis of a joint declaration of spouses or at the request of one of the spouses;
- judicial – in the court, if the spouses have minor children or there are disputes over the partition or the maintenance of the spouse who is unfit for work.
At the dissolution of marriage, the spouses can submit to the court an agreement on the division of their common possessions (in equal shares), the child maintenance payment, the maintenance payment of the spouse who is unfit for work and requires material support, indicating the amount, as well as determining the parent with whom the common minors will live.
In the absence of an agreement between the spouses, provided for in para. (1), or should it turn out that the agreement infringes the rights and interests of the minors or of one of the spouses, the court shall:
- divide, at the request of the spouses (of one of them), their common possessions;
- determine the parent who will pay minors’ maintenance payment and its amount;
- establish, at the request of the spouse who is unable to work and who is entitled to the maintenance payment from the other spouse, its amount and its method of paying;
- decide which of the parents the minor children will be living with after divorce.
Where do I get more information about divorce?
On the website of the Ministry of Justice, Civil Status Office http://www.starecivila.gov.md/ro/pages/divort-inregistrarea you can access general information about:
- Registration of the divorce certificate on the basis of a joint declaration of spouses regarding the dissolution of marriage
- Registration of the divorce certificate on the basis of a declaration of one of the spouses regarding the dissolution of marriage
- Registration of the divorce certificate on the basis of a court decision regarding the dissolution of marriage
What is the amount of the child maintenance? According to the Family Code, the amount of the maintenance payment for minors, shall be set as follows.
(1) The maintenance payment for minors shall be collected from parents’ salary and/or other income, in the amount of 1/4 – for one child, 1/3 – for two children, 1/2 – for three and more children.
(2) The court may increase or decrease the amount of quotas set in paragraph 1, taking into account the material and family status of the parents and other important circumstances.
(3) If some children remain with one parent, and others – with another, the maintenance payment provided to the less secured parent shall be set in a fixed amount of money established according to Article 76.
Also, the maintenance payment can be set as a fixed amount, which should be paid monthly by the child’s parent, even if they no longer live with you.