In Moldova, divorces involving minor children are always processed through the courts. This is a mandatory requirement of the Family Code, protecting the interests of the child.
Even with the mutual consent of both parents, a marriage can only be dissolved in court.
In accordance with art. 33 par. (2) of theFamily 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.
Registeration a divorce through the EVO mobile app.
If you want a more precise assessment of your case, please clarify:
- Do you have minor children?
- Does your spouse agree to the divorce?
- Do you plan to simultaneously file for property division?