Divorce is a delicate and challenging process for couples who have come to the conclusion that their marital relationship is irreparably damaged. Specifically, in Romania, the divorce procedure can be confusing, especially when one of the spouses chooses to file an introductory request with the Romanian court while both spouses reside in Italy. With the support of the appropriate professional and adherence to the legal provisions, this process can be somewhat easier. The following summarizes the common factual situation in divorce cases with an extraterritorial element and the applicable legal provisions.

Let’s consider a hypothetical situation that is frequently encountered in practice: the marriage was concluded in Romania, and for a long period of time, both spouses and the minors have been residing in Italy (e.g., 10 years). However, one of the spouses decides to file a request for dissolution of the marriage, along with ancillary claims (such as exercising parental authority, determining the amount of child support, visitation schedule for the child/children, reverting to your pre-marital name, etc.), with the court in the jurisdiction of your registered domicile in Romania, as indicated in your identity document or even with the court in the jurisdiction of a relative’s domicile.

In this context, the citation procedure for you has been carried out at an address where you do not actually reside, and you become aware of it by chance (from neighbors/friends) or later (if the relatives have been away from the address of domicile for an extended period), that you are being summoned to court by your spouse and that you are obliged, under penalty of forfeiting your right to submit evidence and raise objections, to file a response.

You strongly desire that the divorce process, as well as the ancillary claims, be resolved by the Italian courts. Therefore, it is necessary, through the response and counterclaim, to formulate your own claims and objections, including expressing your preference to the Romanian court regarding the applicable law, competent court, actual address of residence, chosen procedural domicile for communication of procedural documents, and the existence of an ongoing divorce process in the Italian courts.

In terms of the law, the applicable legal provisions in the case are encompassed by both Romanian and Italian legislation, as well as by European regulations that have mandatory character and are applicable in all member states, including Romania, pursuant to Article 249 of the Treaty Establishing the European Community.

Therefore, the divorce process in Romania can be challenging. However, even if you are in Italy, I, as an attorney, can assist you in understanding the obligations you need to fulfill, the costs involved, and the timelines of the divorce procedure, so that you can make informed choices and avoid unpleasant surprises. Additionally, as an attorney, I can provide legal representation throughout the process, up to the issuance of a final judgment.22