Marriage can be terminated in three ways: at the Public Services Agency (civil status office), at the notary’s office or through court. Lawyer Andrei Berescu stated for IPN that in the first two situations, the marriage is ended if there is the consent of spouses and with the physical presence of these at the civil status office or at the notary’s office. In case of disagreement between the husband and wife or if one of them cannot come to file an application to end the marriage, the divorce proceedings are examined by the court, either with or without the physical presence of spouses.
Andrei Berescu said there is a newer aspect in the practice of courts of law. “When the marriage is to be ended by court, some of the judges ask, when the application to terminate the marriage is filed, to present evidence of the applicant spouse’s intention to terminate the marriage from the civil status office. In this case, a prenotice is to be issued to the other spouse to invite this to the civil status office on a particular date, with the identity card, so as to sign the statement of termination of marriage. In case of non-presentation of this preliminary application, some of the judges can, depending on the case, to send back or to reject the claim,” explained the lawyer.
In this connection, Andrei Berescu, who is a member of the law firm “Protection of Human Rights”, called on the couples to be more empathic and understanding and to avoid such disputes. If the couples have children, they should first think about the interest of children so as to avoid eventual traumas that can negatively influence the personality and behavior of their children in the future.
