Amicable vs Contested Divorce: Advantages of Each Procedure

When you can divorce through a notary, when you must go to court, and how each procedure affects child custody.

Notarial divorce (amicable)

Conditions: both spouses agree to divorce and have reached an understanding on all matters (including custody if children are involved).

Duration: 30 days (mandatory reflection period)

Cost: approx. RON 500–1,000 in notarial fees + lawyer's fee (optional but recommended)

Court divorce (contested)

When: spouses disagree, children with conflicting interests, complex asset division.

Average duration: 6–18 months

Steps:

1. Divorce petition + interim order (urgent matters: custody, maintenance, residence)
2. Evidence gathering
3. Divorce judgment + measures concerning the children

Recommendation

Out-of-court mediation can save months of proceedings and unnecessary conflict. With a mediator, most disagreements can be resolved.