Când divorţul devine cu adevărat un duel. Sau despre cererea reconvenţională în procesele de divorţ
When divorce really becomes a duel. Or on the counterclaim in divorce proceedings

Summary/Abstract: Divorce is a complex legal institution, characterized by a multitude of attributes and distinctive signs that define and distinguish it in relation to others. The given complexity, in conjunction with its particularities, reflects not only on the substantial legal regime, but also on the procedural one, and nowhere is this more obvious than in the case of the counterclaim. The special legal regime of the counterclaim in the divorce trials implies some extensive and significant derogation from jus commune. Among others, the defendant spouse has greater flexibility in terms of when he or she can make a counterclaim, but the price of this flexibility is a high one: the loss of the right to initiate a main divorce proceeding and even, in certain circumstances, of the right to continue to seek a divorce. Moreover, the common rules on civil procedure may impose extensive and serious restrictions on the defendant’s effective ability to bring a counterclaim. Finally, just as there can only be one marriage, there can only be one divorce, which means that, whatever the circumstances, at any given time, there can be only one divorce proceeding undergoing, and the main claim and counterclaim on divorce are always heard in a single case.

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