office(at)lawyers-bulgaria.com

  • [En]
  • [Fr]
  • [Es]

How to divorce in Bulgaria

How to divorce in Bulgaria

Updated on Monday 18th April 2016

Rate this article

based on 1 reviews


divorce_in_bulgaria.jpgDivorce in Bulgaria is subject to the Family law in Bulgaria, governed by the Family code that settles relations based on marriage, kinship adoption, as well as well as guardianship and tutelage.  In Bulgaria, divorce can be made in two ways: by mutual agreement or through breakdown of marriage, when both spouses are Bulgarian citizens. As such, the Bulgarian legislation is applicable.

 
Divorce by mutual consent in Bulgaria
 
If both spouses agree upon the divorce, then the court will grand the divorce without the need of further investigating the motives behind the decision of ending the marriage. In order for the divorce procedure in Bulgaria to be completed, both spouses must set forth their settlement in regards to the discharge of parental rights, personal relations, as well as support for children, matrimonial home, and property relation, alimony between them or family name.
 
In case of a divorce, the interests of children must be protected
 
This settlement will be sanctioned by the court after a complete verification has been made in regards to the protection of the interest of the children. If the interests of the children are not protected or the settlement is not complete, the court will set a term in which the respective faults need to be eliminated. If after the granted period of time the faults have not been solved, then the divorce petition will be dismissed.
 
In most cases, a lawyer’s involvement in the divorce process is needed. If you are in need of a divorce lawyer in Bulgaria, contact our Bulgarian law firm and our Bulgarian lawyers will provide the needed information about the divorce procedure in Bulgaria.
 
Divorce through breakdown of marriage
 
A divorce through breakdown of marriage in Bulgaria takes place when one of the spouses does not agree with the divorce. Each of the spouses may ask for a divorce if the marriage has an irrevocable breakdown.
 
When the court has allowed the divorce decision, if the breakdown is not caused by one of the spouse, then court can rule exofficio as the fault for the breakdown of marriage. Moreover, the court will not grant the divorce if the breakdown of marriage has been caused by the misconduct of the plaintiff, while the other spouse still wishes to preserve the marriage.
 
After the divorce was granted, the court has the right to assign the matrimonial home to one of the spouses if the respective home cannot be used separately by both spouses, but the children’s interest must be protected. If no underage children are connected to the marriage, and the matrimonial home is the property of the guilty spouse, then the court can grant the spouse that is not guilty of the breakdown of marriage the use of the home for a limited period of time.
 

Comments

There are no comments

Comments & Requests


Please note that client queries should NOT be posted here but sent through our Contact page.