You have decided to divorce and want to know how long it will take and where to go. In the Republic of Moldova, you have two routes: the civil registry office or the court. I will show you how to choose the right route so you do not lose months.
Route 1: divorce at the civil registry office
You can divorce at the civil registry office when you both agree and when:
- you have no minor children together;
- you have no dispute about shared property;
- neither of you asks the other spouse for child support.
You file a joint declaration at the civil registry office where one of you lives or where you married. The office registers the divorce one month after you file the declaration, in your presence. If one spouse misses the scheduled date without a valid reason, the office continues processing the divorce.
Prepare your identity documents, marriage certificate, and proof that you paid the fees. Check the current rates on the Public Services Agency website before you pay.
Route 2: divorce through the court
Go to court when:
- you have minor children together, including children whom you adopted;
- you cannot agree on dividing the property;
- one spouse asks for child support;
- the other spouse does not agree to the divorce or refuses to come to the civil registry office.
File a statement of claim with the competent court. In the same claim, you can ask the court to decide where the child will live, set the visitation schedule, award child support, and divide the property.
What the court decides for the children
The court starts with the child's best interests. It decides which parent the child will live with, how the other parent will see the child, and how much that parent will pay for support. The court awards child support according to the shares in the Family Code: 1/4 of income for one child, 1/3 for two children, and 1/2 for three or more children. Estimate the amount in the child support calculator.
A child support claim does not require a state fee.
Dividing the property
You and your spouse usually own together the property you acquire during the marriage. You can divide it by agreement or in court. You pay the state fee for the monetary part of the claim according to the fee schedule. Check the amount in the court fee calculator.
Gather the property documents, loan agreements, bank statements, and proof of payments that each of you made in advance.
A protection rule
During the wife's pregnancy and for one year after the child is born, the husband cannot ask for a divorce without the wife's consent.
How long it takes
- at the civil registry office: about one month after you file the declaration;
- in court: several months or longer, depending on the children, property, and how much you argue.
An agreement that clearly covers the children and property can shorten the process significantly.
What to do next
Check which route applies to you. If you have minor children or property to divide, read about my family law services and book a consultation. I will tell you what you can negotiate and what only the court can decide.
The guide gives you general information as of the update date. Book a consultation for advice about your case.
