Divorce Law in Bulgaria
Divorce is undeniably a challenging and emotional journey, because the parties need a specialist in Divorce law in Bulgaria.
Legal procedures, cultural disparities, and language barriers can collectively pose significant hurdles for individuals seeking a divorce in such cases.
This article endeavors to provide a comprehensive overview of the divorce process and essential considerations for those undergoing a divorce with a foreign national in Bulgaria.
Bulgarian law accommodates both mutual consent and contested divorces.
The legal praxis in divorce law
In a mutual consent divorce, both parties agree to terminate the marriage, streamlining the process and reducing stress.
Conversely, a contested divorce arises when one party opposes the divorce or disputes the conditions, leading to a protracted and emotionally taxing procedure.
For a foreigner seeking divorce in Bulgaria, residency is a crucial factor. At least one of the spouses must be a Bulgarian resident.
The Bulgarian court holds jurisdiction if the couple’s last common residence was in Bulgaria.
Additionally, the court can hear the case if the defendant resides in Bulgaria, or if the claimant has been a resident in Bulgaria for over six months before filing for divorce.
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Divorce procedure in Bulgaria
The first step in filing for divorce is to submit a petition to the regional court where the plaintiff resides.
The petition should include the grounds for divorce, information about
- the marriage,
- proposals for the division of property,
- custody of children,
- maintenance payments.
If the divorce is mutual, the couple can submit a joint petition.
The court will then serve the petition to the defendant, who has 30 days to respond.
The court may suggest mediation to help the couple reach an agreement. If mediation is unsuccessful or declined, the case proceeds to trial.
According to Bulgarian laws, divorce is defined as the dissolution of a marital relationship between spouses
The main reason for the divorce is a serious and irreparable breakdown of the marriage as provided in Article 49 Family Code.
Cases of marriage dissolution where one of the spouses is a foreign national are becoming increasingly common in our practice.
More often, it is the Bulgarian citizen who initiates the divorce proceedings against the foreign citizen in Bulgaria need to know the divorce Laws in Bulgaria
The other alternative is also hypothetically possible, where a foreign national seeks a divorce before a Bulgarian court.
The court procedure
The court procedure for terminating a marriage involving foreign elements in the Republic of Bulgaria is preferred because of the lower costs of its implementation.
The procedure is feasible even where the marriage was contracted abroad, and also in cases where both spouses are foreign nationals.
In such cases, the condition predetermining the local competence of the Bulgarian courts is that at least one of the spouses has a permanent residence in the Republic of Bulgaria.
Jurisdiction and Applicable Law:
Determining the jurisdiction and applicable law is crucial when dealing with local divorce with foreigner in Bulgaria.
In Bulgaria, divorce cases involving foreign nationals are subject to specific rules outlined in international treaties and domestic legislation.
The applicable law typically depends on the nationality of the parties involved and their residence status in Bulgaria.
Seeking professional legal advice is essential to ensure compliance with relevant regulations
In the case of Divorce with foreigner in Bulgaria to determine the appropriate legal framework for your specific situation.
Legal reason for divorce
In Bulgaria, divorces can be granted based on both fault and no-fault grounds.
The most common grounds for divorce include irretrievable breakdown of the marriage, mutual consent.
The reason for divorce could be separation for at least three years, or if one party is at fault due to adultery, violence, or abandonment.
Regardless of the grounds, it is essential to gather sufficient evidence to support your case during divorce proceedings.
Filing for divorce Laws in Bulgaria
If the married couple has kept their relationship normal, regardless of the breakdown of their marital union and the impossibility of continuing to live together in the future, the logical option for ending their marriage is a divorce by mutual consent.
This court procedure is fast, takes about two months, and is preferred in cases where the spouses seek to end their marriage quickly.
Divorce by mutual consent is characterized by serious and unwavering consent to end the marriage, which should be explicitly stated by both spouses.
The married couple should represent and declare that such an agreement exists between them as soon as the divorce petition is submitted to the court.
The legislator has provided for the spouses to give the same statement at least once more in person, to the judge.
Both of them shall be required to attend the scheduled open court hearing and affirm their mutual desire to divorce in the courtroom.
To initiate divorce proceedings in Bulgaria, the party seeking the divorce (the petitioner) must submit a divorce petition to the relevant local court.
The petition should include detailed information about the marriage, the grounds for divorce, and any supporting evidence.
