Frequently Asked Questions - Divorce

But what if I can't afford to bear the costs of a lawsuit?

Divorce Attorney Solcan Ingrid Bianca works with clients to find effective solutions for exemption/reduction/staggering judicial stamp texe and attorney fees or expert fees.

Can you help me with the mediation as well?

Yes, because the holder of the Cabinet also has the profession of mediator.

Do I have to go to trial if I'm not in the country?

Both parties must personally appear at trial, but if one of them resides abroad, he or she may be represented by a lawyer. The lawyer can handle all the procedures and presentations, without the need for your presence during the trial. However, if you do not want to be represented by a lawyer, nor you want to appear in court, then you must know that your divorce application will be rejected as unfounded and if the other spouse doesn't show up, the divorce trail will be suspended.

Is it mandatory to attend the divorce trial?

In principle, yes, if you are the one who applied for divorce. You don't have to show up when:

  • you serve a custodial sentence;
  • you are prevented by a serious illness;
  • one of the spouses is placed under judicial interdiction;
  • you reside abroad;
  • you find yourself in another such situation, which prevents you from attending personally.

What costs do a divorce trial entail?

  • 200 lei judicial stamp duty for the application for divorce by agreement;
  • 100 lei stamp duty for the application for divorce by fault or after a deed stop that lasted over 2 years;
  • the lawyer's fee, which can be negotiated depending on the complexity of the case, the number of appearances and the specification that it is forbidden for lawyers to display their fees on the website.

Other possible expenses to be taken into account:

  • translations of documents;
  • postal shipping fees;
  • postage fees for travel expenses of witnesses;
  • psychological expertise/evaluations (rare).

We note that for the applications that are made simultaneously with the divorce and which have as object the establishment of the child's home, the exercise of parental authority, the establishment of the parents' contribution to the expenses of raising and educating the children, the right of the parent or of persons other than the parents to have personal ties with the child, the family dwelling, the stamp duty is not paid.

Frequently asked questions - Law enforcement

How is the stamp duty calculated for the recovery of a debt?

For the recovery of a claim outside the process, a stamp duty calculated on the basis of the amount of the claim. For a simulation of the costs related to stamp duty click here.

What are the costs of an objection to enforcement?

  • Lawyer's fee that can be negotiated depending on the complexity of the case, the number of appearances and specifying that lawyers are prohibited from displaying their fees online;
  • The judicial stamp duty that is calculated on the value of the goods whose prosecution is contested or on the value of the debit pursued;
  • The fee related to this appeal cannot exceed the amount of 1,000 lei, regardless of the contested value.

Security for the application for suspension, if any, which shall be calculated as follows:

  • a) up to the value of 500 lei - 8%, but not less than 20 lei;
  • b) between 501 lei and 5,000 lei - 40 lei + 7% for what exceeds 500 lei;
  • c) between 5,001 lei and 25,000 lei - 355 lei + 5% for what exceeds 5,000 lei;
  • d) between 25,001 lei and 50,000 lei - 1,355 lei + 3% for what exceeds 25,000 lei;
  • e) between 50,001 lei and 250,000 lei - 2,105 lei + 2% for what exceeds 50,000 lei;
  • f) over 250,000 lei - 6,105 lei + 1% for what exceeds 250,000 lei.

Can enforcement acts be challenged? In what time frame?

Acts of enforcement may be challenged by means of an objection to enforcement.

As a rule, the objection to enforcement has as object any procedural irregularity committed on the occasion of the activity of forced prosecution, which may be: the prescription of the right to request forced execution, the deprecation of enforcement, the time during which enforcement can be made, the non-observance of the forms provided by law for the debtor's knowledge about the initiation of forced prosecution, the way of carrying out the publicity provided by law for the execution of the auction and others.

The time limit for contesting is 15 days from when the opposing party became aware of the enforcement act that he/she is contesting.

Frequently asked questions on the challenge of misdemeanour minutes

But if I do not contest the fine, nor do I not pay it nor hand over the permit?

You will be forcibly executed for the amount you have to pay and another 30 days will be added to the suspension of the right to drive. At the same time, you must keep in mind that if you drive without a licence, the deed is a considered a crime.

Does the fine have to be paid even if we have appealed?

It is up to you whether you decide to pay it or not, keeping in mind that paying the fine does not mean a guilty plea, and if you lose the lawsuit you no longer have the opportunity to pay only half of the minimum fine, but you will be required to pay the full amount.

Will my driver's license be returned if I contest the fine?

Yes, because the complaint suspends the execution. So does the appeal. However, we must keep in mind that an application will have to be made to request the return of the driver's license.

You can go to the Police with the proof of contesting the contravention report and your license is will be returned. Proof of promotion can also be done with a "print screen" extract from this page.

Who can be a witness?

Anyone except:

  • relatives and affinities up to and including the third degree;
  • spose, ex-spouse, fiancé or concubine;
  • those who are at enmity or in a relationship of interest with either party;
  • persons placed under judicial interdiction;
  • those condemned for perjury.

We note that the parties may agree, expressly or tacitly, to hear as witnesses and the persons mentioned above.

How long does a misdemeanor lawsuit last?

About 6-9 months, depending on how crowded the court is.

Frequently asked questions - obtaining road accident compensation

Who has to pay the traffic accident compensation?

We can distinguish the following situations:

  • if the guilty car is insured in Romania, the Romanian insurer is obliged to pay;
  • if the guilty car is registered in Romania, but uninsured, or the perpetrator of the accident remained unidentified, obliged to pay will be the Street Victims Protection Fund. Fondul de Protecție a Victimelor Străzii;
  • if the guilty car is registered and insured abroad, the insurance company abroad will be obliged to pay.
  • if the guilty car is registered abroad, but there is no valid MTPL policy, obliged to pay compensation obliged to pay will be The Street Victims Protection Fund (FPVS) in the state where the guilty car is registered.

How long does it take to receive compensation?

Receiving compensation following a traffic accident can take between a year and a half and two and a half years, even up to 4 years, depending on the complexity of the case.