Divorce in Bulgaria is a legal process that allows spouses to dissolve their marriage through court proceedings. The Bulgarian Family Code regulates divorce, defining the legal grounds, procedures, and consequences. Whether you are a Bulgarian citizen or a foreign national married in Bulgaria, understanding the types of divorce and the legal process is crucial for ensuring a smooth separation.
This guide will explain the different types of divorce in Bulgaria, the step-by-step legal procedure, and key considerations such as child custody, property division, and alimony.
- Types of Divorce in Bulgaria
There are two main types of divorce under Bulgarian law:
1.1. Divorce by Mutual Consent
- This is the fastest and easiest divorce option in Bulgaria.
- Both spouses must agree to divorce and submit a joint petition to the court.
- The court will approve the divorce if it determines that both spouses genuinely wish to end the marriage and have settled matters such as child custody, property division, and alimony.
- The process usually takes 1-3 months.
Key advantages: ✅ Faster court proceedings (compared to contested divorce). ✅ Lower legal costs. ✅ More amicable resolution between spouses.
1.2. Contested Divorce (Divorce by Breakdown of Marriage)
- If one spouse does not agree to the divorce, the other must file a contested divorce claim.
- The court will grant a divorce if it finds that the marriage has irretrievably broken down.
- The spouse filing for divorce must provide evidence of the breakdown (e.g., prolonged separation, domestic violence, infidelity, or lack of emotional connection).
- This type of divorce can take 6-18 months, depending on the complexity of the case.
Key disadvantages: ❌ Longer and more expensive court proceedings. ❌ Requires evidence of marital breakdown. ❌ Increases emotional and legal conflicts between spouses.
- Divorce Procedure in Bulgaria
Step 1: Preparing the Divorce Petition
- For mutual consent divorce, both spouses must sign a joint petition and include agreements on:
- Child custody and visitation rights.
- Property and asset division.
- Alimony (if applicable).
- Use of the family home.
- For contested divorce, one spouse files a unilateral petition stating the grounds for divorce.
Step 2: Filing the Petition with the Court
- The petition is submitted to the district court where one of the spouses resides.
- A court fee must be paid:
- Mutual consent divorce: ~€25-50.
- Contested divorce: 4% of the claim amount (often related to property division claims).
Step 3: Court Hearings and Decision
- In a mutual consent divorce, the court will hold a single hearing to verify the agreement and issue a divorce decree.
- In a contested divorce, the process involves multiple hearings, witness testimonies, and evidence submission before the court issues a ruling.
Step 4: Finalizing the Divorce
- The court issues a divorce decree, which is legally binding.
- Both spouses must comply with court-ordered arrangements (child custody, alimony, property division).
- The divorce is registered in the Civil Registry.
- Key Considerations in Divorce Cases
3.1. Child Custody and Support
- The court prioritizes the best interests of the child.
- Joint custody is possible, but in most cases, one parent gets full custody while the other has visitation rights.
- The non-custodial parent must pay child support, which is determined based on income and the child’s needs.
3.2. Division of Property
- Marital property is divided based on joint ownership principles.
- If no agreement is reached, the court will decide based on factors such as financial contributions and needs of both spouses.
- Personal assets (acquired before marriage) remain separate property.
3.3. Alimony (Spousal Support)
- Not mandatory in all cases.
- The court may grant alimony if one spouse is financially dependent on the other due to age, health, or other valid reasons.
- Alimony is usually limited in duration (e.g., until the dependent spouse can support themselves).
- International Divorce Cases in Bulgaria
Foreigners married in Bulgaria or Bulgarians married abroad may face international jurisdictional issues. Bulgarian courts handle international divorce cases under:
- EU regulations for divorces involving EU citizens.
- Bilateral treaties for non-EU spouses.
- The principle of habitual residence (the country where the couple last resided together often has jurisdiction).
- Costs of Divorce in Bulgaria
| Expense | Estimated Cost (EUR) |
| Court Fees (Mutual Consent) | €25 – €50 |
| Court Fees (Contested Divorce) | 4% of claim amount |
| Lawyer Fees | €500 – €3,000 (depends on complexity) |
| Notary & Translation Costs (if applicable) | €100 – €500 |
- How Long Does Divorce Take in Bulgaria?
| Type of Divorce | Duration |
| Mutual Consent | 1 – 3 months |
| Contested Divorce | 6 – 18 months |
Conclusion
Divorce in Bulgaria can be a quick and amicable process through mutual consent or a longer contested procedure if one spouse refuses to cooperate. Understanding your legal rights and obligations is crucial for a smooth separation.
If you need professional legal assistance for divorce proceedings in Bulgaria, contact Legal Frame Law Office Sofia today for expert advice and representation.
