Divorce lawyer in Chisinau
The rules regarding divorce (dissolution of marriage) are outlined in the Family Code, which provides three ways to dissolve a marriage:
- Civil Status Office;
- Court decision;
- Notary.
📞 For a consultation, you can call/message (WhatsApp, Viber) +373 68093939.
Dissolution of Marriage at the Civil Status Office
A divorce can be granted at the Civil Status Office if the following conditions are met:
- Both spouses mutually agree to the divorce;
- There are no disputes regarding:
- The division of jointly owned property;
- Maintenance, education, and residence of minor children;
- Alimony for one of the spouses.
If disputes arise regarding children, property division, or spousal maintenance, the divorce must be settled through a court decision.
Dissolution of Marriage Through Court
Divorce lawyer in Chisinau
A court divorce is required when:
- The spouses have minor children and cannot agree on custody, education, and residence;
- One spouse does not consent to the divorce;
- One spouse, while agreeing to the divorce, refuses to appear at the Civil Status Office.
The court will grant the divorce if it determines that the spouses can no longer cohabit or maintain the marriage.
If one spouse opposes the divorce, the court may delay the case for a reconciliation period of 1 to 6 months, except in cases involving domestic violence, which must be proven. If reconciliation is unsuccessful and both spouses insist on divorce, the court will grant the request.
During the divorce process, spouses may submit a mutual agreement regarding:
- The division of jointly owned property;
- Alimony payments for children and/or a spouse;
- Determining which parent will have custody of minor children.
If no agreement is reached, the court must:
- Divide jointly owned property at the request of one or both spouses;
- Determine which parent will pay child support and the amount;
- Establish alimony for a spouse if legally entitled;
- Decide which parent will have custody of the children.
Other disputes, except for paternity contestation, cannot be resolved during the divorce process.
If the division of property affects third parties, the court will order a separate legal proceeding for that matter.
When Does Marriage Officially End?
A marriage is legally terminated:
- Through the Civil Status Office or a notary – on the date of divorce registration;
- Through court proceedings – on the date the court decision becomes final.
The court must send a copy of the final divorce decision to the Civil Status Office within 3 days for registration.
Dissolution of Marriage Through a Notary
According to Law No. 246 of 15.11.2018 on Notarial Procedures, spouses can file for divorce through a notary if they both agree.
The application can be submitted at any notary office with both spouses present, or if one spouse is absent, a notarized consent from the absent spouse must be provided.
Required Documents for a Notary Divorce
- Copies of the birth certificates of the spouses and any minor children;
- Copies of the identity documents of both spouses;
- The original marriage certificate issued by the authorities of the Republic of Moldova, along with a certified copy.
The notary grants a 30-day reflection period before finalizing the divorce. This period can be extended for an additional 30 days with mutual consent.
Finalization of Divorce by a Notary
After 30 days, if both spouses confirm their free and informed consent and all legal conditions are met, the notary issues a divorce decree. This document includes:
- The official date of divorce;
- The last names of the former spouses;
- (If applicable) The mutual agreement on child support, child custody, property division, and alimony.
The divorce decree is issued in five copies and holds the legal effect of a Civil Status Act.
Within 3 days, the notary sends two original copies of the decree, along with proof of state fee payment, to the Civil Status Office for registration. One original is kept by the notary, and one copy is given to each spouse.
Rejection of Divorce Application by a Notary
A notary can reject a divorce application in the following cases:
- The legal conditions for a notary divorce are not met;
- One spouse cannot express free and informed consent;
- The spouses refuse to provide legal statements required by law;
- At least one spouse fails to appear after the 30-day period.
- The application is not signed by both spouses in the presence of the notary, and there is no notarized consent from the absent spouse;
- The spouses fail to provide the required documents;
- If the spouses have minor or unborn children, and after 30 days, one spouse:
- Fails to appear before the notary;
- Refuses to confirm consent for the divorce;
- Refuses to finalize an agreement on child support and custody, or the agreement violates the children’s best interests.
- The application becomes irrelevant because the marriage was already dissolved by another authority or terminated due to the death of a spouse.
- If the spouses reconcile, and one spouse withdraws the divorce application.
In case of rejection, the notary issues a divorce rejection decree in three copies:
- One copy is kept in the notary’s archives;
- Two copies are provided to each spouse.
If the divorce application is rejected, the original marriage certificate is returned to the spouse who submitted it.
📞 For a legal consultation, call or message (WhatsApp, Viber) +373 68093939.
Frequently Asked Questions – Divorce Lawyer
When is the divorce certificate issued?
If the marriage is dissolved by the Civil Status Office, the divorce and issuance of the divorce certificate take place one month after submitting the divorce application.
If the divorce is finalized through court, it must be registered as a civil status act. In this case, to obtain the divorce certificate, you need to contact the Civil Status Office and present the court decision regarding the divorce.
Spouses cannot remarry until they receive the divorce certificate from the Civil Status Office covering their place of residence.
Where does the divorce take place?
A marriage is dissolved at the Civil Status Office in the territorial district where one of the spouses resides.
If the divorce is handled through court, the plaintiff may file the case:
- At the court of the defendant’s place of residence;
- At the court of the plaintiff’s residence if:
- They have minor children in their care;
- Traveling to the defendant’s local court presents reasonable difficulties.
If one spouse has been declared missing, placed under judicial protection (guardianship or curatorship), or sentenced to imprisonment, the divorce action can be filed in the court of the plaintiff’s residence.
Can a marriage be dissolved at the Civil Status Office upon the request of one spouse?
Yes, if the other spouse :
- has been declared missing;
- is under judicial protection;
- has been sentenced to imprisonment for more than 3 years.
What happens if disputes arise after a divorce granted by the Civil Status Office?
If, after the Civil Status Office grants a divorce, disputes arise regarding:
- Property division;
- Child support, custody, or residence;
- Spousal maintenance;
These disputes must be resolved in court.
Do I have to attend court hearings?
No. Your presence is not mandatory unless you wish to attend. Otherwise, your lawyer can represent you in court.
What documents do I need for a divorce?
You must present the following to your lawyer:
- Your identity document (passport or ID card);
- Original marriage certificate (or a duplicate if the original is lost or held by the other spouse; photocopies are not sufficient);
- Birth certificates of minor children (if applicable).
How long does the divorce process take?
The court sets the hearing date, and the duration of the process depends on the:
- court’s schedule;
- cooperation of the other spouse.
We guarantee that your divorce application will be filed within 2 working days after submitting all required documents. We will take all necessary steps to ensure a fast and efficient process.
What happens if my spouse does not appear at the court hearing?
If there is proof that the spouse received the court summons, the case proceeds in their absence.
In case if the summons was not received, the court will issue a public summons before reviewing the case.
If a spouse agrees to the divorce but cannot attend (for example, if they live abroad), they may submit a request for a trial in absentia (your lawyer will provide a template for this request).
Does the divorce application need to be justified?
Yes, but only to the extent necessary to show that reconciliation is impossible.
There is no need for excessive details, as the decision is ultimately yours.
A recent ECHR ruling found that a court violated the right to privacy by granting a divorce solely on the basis of one spouse’s fault for failing to fulfill marital obligations (Case H.W. v. France, Application No. 13805/21, Judgment of January 23, 2025).
FAQ
I have to attend court hearings?
No. Your presence is not mandatory unless you wish to attend. Otherwise, your lawyer can represent you in court.
What documents do I need for a divorce?
You must present the following to your lawyer:
- Your identity document (passport or ID card);
- Original marriage certificate (or a duplicate if the original is lost or held by the other spouse; photocopies are not sufficient);
- Birth certificates of minor children (if applicable).
How long does the divorce process take?
The court sets the hearing date, and the duration of the process depends on the:
- court’s schedule;
- cooperation of the other spouse.
We guarantee that your divorce application will be filed within 2 working days after submitting all required documents. We will take all necessary steps to ensure a fast and efficient process.
What happens if my spouse does not appear at the court hearing?
If there is proof that the spouse received the court summons, the case proceeds in their absence.
If the summons was not received, the court will issue a public summons before reviewing the case.
If a spouse agrees to the divorce but cannot attend (for example, if they live abroad), they may submit a request for a trial in absentia (your lawyer will provide a template for this request).
Does the divorce application need to be justified?
Yes, but only to the extent necessary to show that reconciliation is impossible.
There is no need for excessive details, as the decision is ultimately yours.
A recent ECHR ruling found that a court violated the right to privacy by granting a divorce solely on the basis of one spouse’s fault for failing to fulfill marital obligations (Case H.W. v. France, Application No. 13805/21, Judgment of January 23, 2025).
Can I get divorced in Moldova if my marriage was registered abroad?
Find the answer here.
Divorce Lawyer Fees
How much do divorce lawyer services cost?
The lawyer’s fee and payment terms are agreed upon individually with the client, depending on:
- The competent court;
- The complexity of the case;
- Other relevant factors.
For detailed information about divorce costs, click here.
📞 For a legal consultation, call or message (WhatsApp, Viber) +373 68093939.
What is the State Fee for Divorce?
The state fee for filing a divorce lawsuit in court is 500 MDL.
Additionally, when submitting the lawsuit, a stamp duty of 200 MDL must be paid.
For registering the divorce and obtaining the divorce certificate at the Public Services Agency (ASP), an additional fee of 300 MDL is required.
💡 Before deciding on a divorce, make sure you have exhausted all reconciliation options. Avoid making decisions in emotionally charged moments. Take a few days to reconsider—your decision might change.
Divorce Lawyer in Chisnau
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