Grounds for termination of marriage.
In accordance with Moldovan law, the marriage shall be terminated upon death or judicial declaration of death of a spouse or divorce.
Divorce is the procedure of legal dissolution of the marriage . In Moldova, this can be achieved by following one of two ways: Dissolution of marriage at civil registry office and Dissolution of marriage in court.
Dissolution of marriage at the civil registry office.
Based on mutual agreement of the spouses having no minor children, or children adopted by both spouses, in cases where there are no disputes between them, relating to the maintenance of the spouse unable to work, as well as relating to partition of property, marriage can be dissolved by the civil registry office in which jurisdiction has residence one from the spouses, with the obligatory participation of both spouses.
At the request of either spouse, the marriage can be dissolved at the civil registry office if the other spouse has been:
a) declared legally incapable;
b) declared missing;
c) sentenced to imprisonment for a term exceeding 3 years.
Dissolution of marriage in court.
A marriage is dissolved in court, if spouses have common under age children, or if one of spouses does not consent to dissolution of marriage.
Marriage is dissolved by the court, also, in cases where both spouses are agree to divorce, but one of them refuses to appear in the civil registry office to solve the case. The court dissolves the marriage, if it is determined that further cohabitation of the spouses and family unity are not possible.
If, in the examination of the application for dissolution of marriage, one spouse does not consent to divorce, the court will postpone examination of the case, setting a period of reconciliation of one to six months, except divorce cases started on the ground of domestic violence, confirmed by evidences.
The date of dissolution of marriage.
In cases of disolution at the civil registry office, marriage is terminated on the day of registration of its dissolution.
If a marriage was dissolved by court, the effective date of dissolution of marriage is the day of entry of a court decision into force.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.