Desfacerea căsătoriei prin acordul soților. Divorțul pe cale judiciară (III)
Dissolution of marriage by consent of the spouses. Divorce in court (III)

Summary/Abstract: In this study, we present and analyze, from a theoretical and practical point of view, the last modality of achieving the dissolution of the marriage by the spouses' agreement, namely, the procedure of divorce by judicial path. The dissolution of marriage by the spouses' agreement may be pronounced regardless of the length of the marriage and whether or not there are minor children resulting from the marriage. If one of the spouses is under interdiction, divorce will not be permitted by the spouses' agreement. The dissolution of the marriage by agreement of the spouses may be pronounced by the court at the joint request of the spouses or at the request of one of the spouses, accepted by the other one. Therefore, as will be apparent from our study, for the court to rule on divorce under these conditions, the spouses' agreement to this divorce is essential.

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