Although amicable divorce is the quickest way to divorce, often the parties are unable to reach an agreement and have to resort to a divorce action.

The most common reasons for divorce are extramarital affairs, financial problems, domestic violence, etc. Divorce by action often becomes a long and complicated procedure, especially when there are assets and children from the marriage. Therefore, we advise you to contact a family law attorney to guide and assist you in resolving the dispute.

Legal divorce – procedure and necessary documents

An action for divorce is initiated by an application to the relevant district court. It sets out all the facts and circumstances which have led to the deep and irretrievable breakdown of the marriage. The party bringing the application must state why they are insurmountable and provide evidence to that effect. Witness statements shall also be admissible in the proceedings before the court.

The claim also states whether the other spouse is at fault for the breakdown of the marriage. This further complicates the proceedings in view of the need to appoint experts and engage additional evidence.
The plaintiff (the spouse who brings the action) must ask the court to rule on the following issues:
● custody – when there are children from the marriage;
● personal relationship mode with children;
● amount of maintenance;
● who will live in the family home;
● spousal support;
● last name.
In the divorce decree, the court assigns custody to one parent and determines the other parent’s contact regime with the child. The custodial parent receives monthly maintenance from the other parent, the amount of which is determined by the court depending on the financial situation.
NB: Failure to pay maintenance for more than 2 months is a criminal offence under the Criminal Code.
You must attach the following documents to your application:
● civil marriage certificate;
● child’s birth certificate;
● proof of paid state fee;
● Power of attorney when using the services of a lawyer.
It is important to know that at the first hearing, if the plaintiff fails to appear without good cause, the case is dismissed. The parties may also request a stay of proceedings in order to reach a settlement.
A fee of BGN 25 shall be paid at the time of filing the statement of claim, and the attorney’s fee shall be determined according to the tariff for attorney’s fees. At the end of the proceedings, the court shall also set a fee according to the maintenance awarded for a period of 3 years. The guilty spouse shall also pay all costs incurred by the other spouse, including attorney’s fees.
Interim measures may also be requested by the application. The measures shall apply until the judgment enters into force and may affect:
● child support;
● for the children to live with;
● use of a dwelling acquired during the marriage.
In case you wish to file a divorce case, you can contact a family law attorney. Legal Frame Law Firm will help and guide you through the entire process of a divorce case.