DIVORCE PROCEEDINGS, IN LIGHT OF THE NEW PROVISIONS OF LAW NO. 202/2010 REGARDING SOME MEASURES FOR ACCELERATING THE RESOLUTION PROCESS

Law no. 202/2010 regarding some measures for accelerating the resolution process establishes procedural rules with immediate effect, meant to streamline judicial procedures, and to expeditiously resolve processes, regulating specific legislative measures, which aim mainly to simplify solving cases. In matters of divorce, a first change is that, unlike the previous situation, the divorce case by agreement will be judged in the council chamber. Also, according to the above mentioned law, if the conditions for dissolution by agreement are accomplished, we can divorce not only in front of the court, but also to the notary public or officer of civil status, opportunity that did not existed in past. Another novelty is the express possibility to demand resolution through mediation for divorce, specifying that the parties can not only refuse the judge's recommendation to seek mediation, but that the parties can refuse mediation session even after information. Regarding mediation, the law brings news on divorce. Under that legislation, divorce can be made by the parties even when the couple has minor children and agree to the mediation process.