The Bulgarian Family Code provides for three grounds for termination of marriage: divorce, the death of one spouse, and annulment of the marriage.<\/p>\n
Every person who has entered into a civil marriage has the right to seek a divorce when the marital relationship exists only formally and has been deprived of meaningful substance, and when there is an objective impossibility for the marital union to continue in the future.<\/p>\n
The law regulates divorce by mutual consent and divorce due to the breakdown of the marriage.<\/p>\n
In proceedings for divorce by mutual consent, the spouses may authorize one lawyer because their interests are not opposed. In contentious divorce proceedings based on the breakdown of the marriage, each party defends his or her own rights and interests, maintains separate claims, and must prove the facts relied upon. Each spouse should therefore be represented by a lawyer authorized for that purpose.<\/p>\n
A divorce by mutual consent is granted by the court when both spouses express a serious and unwavering mutual agreement, without the court examining their reasons for ending the marriage. The spouses must settle comprehensively all consequences of the divorce: their personal relations, matters concerning their minor children, use of the family home, surname, and maintenance. Article 51(1) of the Family Code sets out the minimum mandatory content of the agreement.<\/p>\n
A divorce due to the breakdown of the marriage, also known as contentious divorce under Article 49 of the Family Code, may be requested by either spouse if the marriage is deeply and irretrievably broken down. A deep breakdown exists when the emotional, physical, and property relations between the spouses have been destroyed and respect, reciprocity, and trust are absent. An irretrievable breakdown means that normal relations cannot be restored. This condition must be established convincingly before the court. The grounds are specific facts of life that have led to the deep and irretrievable breakdown. The current Family Code allows the parties not to request a ruling on fault.<\/p>\n
At the request of either party, the court hearing the divorce may impose interim measures concerning care for the children and their maintenance, use of the family home, property acquired during the marriage, and spousal maintenance. Such measures are enforceable and the order is not subject to a separate appeal.<\/p>\n
If you are facing divorce or need advice about maintenance, division of family property, or other personal matters connected with the dissolution of marriage, it is advisable to consult a qualified family-law and divorce lawyer. A lawyer can protect your rights before the court and assess the legal options relevant to the dispute.<\/p>\n