There are three main ways to obtain a divorce in Moldova: through the Public Services Agency (PSA), through a notary, or through the courts.
1) General information
In accordance with art. 33 par. (2) of the Family Code, marriage may be terminated by divorce (dissolution), based on the request of one or both spouses.
In cases where both spouses agree to the divorce and there are no disagreements between them regarding the division of joint property in the marital home, the maintenance, education and residence of common minor children or the maintenance of one of the spouses, in accordance with art. 36 par. (1) of the same Code, the declaration of dissolution of marriage shall be submitted to the civil status authority in whose territorial jurisdiction the domicile of one of the spouses is located or where the marriage was concluded.
Also, the marriage may be dissolved at the civil status authority at the request of one of the spouses, if the other spouse:
- is subject to a measure of judicial protection;
- has been declared missing;
- was sentenced to deprivation of liberty for a term exceeding 3 years.
If the spouses have common minor children and have not reached an agreement regarding their maintenance, education and residence or in the absence of the divorce agreement of one of the spouses, the dissolution of the marriage takes place in court.
The dissolution of the marriage also takes place in cases where there is an agreement on divorce of both spouses, but one of them refuses to appear at the civil status body to resolve the issue.
According to art. 36 para. (5) of the Family Code, disputes that arise between spouses regarding the division, maintenance, education and residence of common minor children or the maintenance of one of the spouses may be resolved in court even after the dissolution of the marriage by the civil status body.
At the same time, art. 43 para. (3) of Law no. 100/2001 on civil status acts establishes that if one of the spouses is unable to appear in person at the civil status body to file the divorce declaration, his/her wish may be expressed in a separate declaration. In this case, the declaration will be authenticated by a notary.
2) Dissolution of marriage by mutual consent (by Administrative procedure)
The choice of method depends on the mutual consent of the parties, the presence of minor children, or disputes.
Method 1: Through the Public Services Agency (PSA)
Suitable for couples who do not have minor children or common property and with mutual consent of the parties.
- Conditions: Both spouses agree to the divorce, and the couple does not have any minor children.
- Procedure: The spouses submit a joint application in person to the local PSA office. Online filing is also available through government services.
Registering a divorce through the EVO mobile app.
- Timeframe: The marriage is dissolved 25 working days from the date of filing the application (a period is given for reconciliation).
Method 2: Through a notary
Suitable for couples with minor children or common property, with mutual consent of the parties to the divorce and no disputes over the division of property.
- Conditions: Mutual consent of the spouses.
- The parties have minor children and have reached an agreement on their support.
- The parties own joint property and there are no disputes regarding its division.
- Procedure: The couple submits a joint application to a notary. It sets out the agreement regarding children (alimony, place of residence) and the division of property.
- Timeframe: The notary gives the spouses 30 days to withdraw the application. If the decision remains unchanged, the notary formalizes the divorce.
3) Dissolution of marriage through the Court of First Instance
A mandatory procedure in the event of disputes or disagreements.
- Conditions: One of the spouses is categorically opposed to divorce, or the couple has minor children without agreement regarding their support, or disputes have arisen over the division of joint property.
- Procedure: The party initiating the divorce files a statement of claim with the court.
- The court independently determines the child custody arrangements, the amount of alimony, and each spouse's share of the property.
- Timeframe: Depends on the complexity of the disputes and the court's workload. The court has the right to grant the spouses a period of reconciliation from 1 to 6 months.
Attorney services. Their cost is negotiable and depends on the complexity of the case. Find a attorney in Moldova.
For questions regarding divorce proceedings, required documents, deadlines, and fees, please contact the Chisinau Court, Centru Sector, according to your jurisdiction.
Required Documents
Regardless of the method chosen, you will definitely need:
- Original marriage certificate(s).
- Identity cards (passports) of both spouses or the plaintiff.
If the spouse is a foreign citizen, then a residence permit in the Republic of Moldova. - Birth certificates of common children (if any).
- Notarized divorce agreement, if the marriage was dissolved by a notary.
- Court decision (sentence) in the event of divorce with a person:
a) under judicial protection in the form of guardianship;
b) declared missing;
c) sentenced to deprivation of freedom for a period exceeding 3 years. - Court decision on divorce, if the divorce was formalized through a court proceeding.
- Receipt for payment of the State Fee.
For the cost of registering a divorce, see the website of the Public Services Agency.
If you are outside the country, you can delegate the divorce process in Moldova to a lawyer by issuing a remote power of attorney.
If you want a more accurate assessment of your case, please clarify for yourself:
- Do you have minor children?
- Does your spouse agree to the divorce?
- Do you have an agreement regarding the division of joint property?
- Do you plan to file a lawsuit for division of property?
