In most cases, state registration of marriages takes place in the registry offices. However, the dissolution of the marriage union by contacting the same registry office is not always possible. The only available option in this case is a divorce through the courts.
In accordance with the current legislation and the Family Code of the Republic of Moldova, the list of grounds for the termination of legal family relations includes the following:
- The death of one of the participants in the marriage union.
- Recognition of one of the spouses as dead by a court decision.
- Filing a claim for divorce by one or both spouses.
- Filing a statement of claim for divorce by the legal guardian of one of the spouses in the event of his recognition as incapacitated.
Divorce by going to court may occur if:
- Spouses have joint minor children
- Lack of consent of one of the spouses to divorce
- The presence of the theoretical consent of one of the spouses to divorce with simultaneous evasion from appearing in the registry office
The obligation to formalize a divorce by going to court if the spouses have minor children born in a legal marriage and are joint is conditioned by a possible violation of their rights. Even with the consent of both spouses to divorce and in the absence of the possibility of saving the marriage, a mandatory appeal to the court is provided.
The court takes into account the rights of both spouses. Thus, the unwillingness of one of the participants in the marriage union to divorce and his desire for reconciliation and the preservation of the family is sufficient grounds for the divorce case to be brought to court. It is impossible to divorce spouses in the registry office in this case.
In practice, there is often a third case when both spouses gave their consent to divorce, but one of them neglects the requirements of the registry office to attend the meeting and does not appear for the divorce procedure. Despite the infringement of the rights of the first spouse in this case, he will have to file a claim for the dissolution of the marriage union.
The applicant must file a statement of claim with the court to which the defendant is attached in accordance with his place of residence. If the place of actual residence of the defendant is unknown, then the statement of claim is filed with the court at the place of residence of the applicant. Similarly, filing a claim with the courts at the place of residence of the plaintiff is permissible if a minor child lives with the plaintiff on a permanent basis. This is possible provided that the court will also determine the place of residence of the minor child after the decision on divorce is made.
The procedure for filing a claim is governed by the general rules of the current legislation. The person who initiates the dissolution of the marriage, in this case, is called the plaintiff, and the other party becomes the defendant. The statement of claim provides for the mandatory indication of the full data of both the plaintiff and the defendant. The lawsuit must state the reasons and grounds for the dissolution of the marriage.
The list of additional documents that accompany the statement of claim includes the following:
- Certificate of state registration of marriage.
- Birth certificates of joint minor children.
- Certificates of income received by the plaintiff and the defendant in case of need to recover alimony.
- A document confirming the fact of payment of the state fee.
- If available – the consent of the second party to the dissolution of the marriage with the certification of a notary.
When applying for the services of a lawyer during a divorce, you can count on qualified support, including at the stage of collecting and preparing documents. A lawyer will help you draw up a correct statement of claim and achieve consideration of divorce cases as soon as possible.
