Each spouse has the right to seek a divorce by way of a claim if the relations within the marriage have reached a stage at which they cannot be restored. Among the main reasons for divorce, extramarital affairs, financial difficulties, domestic violence and other serious problems are often cited.

The process of divorce by way of a claim can be lengthy, costly and emotionally stressful for all parties, especially for the children. That is why, where possible, we recommend that divorce proceedings be conducted by mutual consent, in order to reduce the stress and the negative consequences for the children.

Required Documents and Statement of Claim

The statement of claim for divorce must include a detailed description of the reasons for the breakdown of the marriage, as well as evidence of the seriousness of these problems. Such evidence may take the form of witness testimony, but the witnesses should not be relatives, in order to avoid doubts as to their objectivity.

It is also important to specify in the claim whether the claimant will seek to attribute fault to the other spouse for the breakdown of the marriage. Very often, in order to shorten the process and reduce the emotional and legal complications, the parties choose not to insist on the establishment of fault.

In addition, the statement of claim must also include requests on several key matters relating to parental rights, maintenance and the use of the family home:

  • Who will exercise the parental rights after the divorce?
  • How will the other parent's contact arrangements with the children be organised?
  • What will be the amount of the monthly maintenance which the parent not exercising the parental rights will pay?
  • Who will remain living in the family home?
  • What will be the future of maintenance between the spouses?
  • What will happen to the wife's surname after the divorce?
Decisions Regarding Parental Rights

Usually, in a divorce by way of a claim, the court awards the parental rights to one parent, while a regime of contact with the children is determined for the other. The parent who receives the parental rights remains living with the children in the family home until they come of age. The other parent has the right to certain contact with the children in accordance with the agreed arrangements.

The claimant must propose a regime of contact specifying when and how the other parent will spend time with the children, including the allocation of days off, vacations and public holidays.

Matters Relating to Maintenance

The parent who does not live with the children is obliged to pay monthly maintenance. The amount of maintenance is determined by the court, taking into account the needs of the children, their age and state of health, as well as the financial capabilities of the parent. Importantly, the court's priority is the needs of the children.

In order to avoid potential disputes, it is recommended that maintenance be paid by bank transfer. If the parent fails to pay maintenance for more than two months, this may be treated as a criminal offence under the Criminal Code.

Use of the Family Home

Another important matter decided within the divorce case is who will use the family home. Usually, the one with whom the children remain retains the right to live in the home, but may be required to pay rent to the other spouse for the part of the property that they use. The court determines the amount of this rent, and no rent is due for the area used by the children.

Surname After the Divorce

If the wife bore the husband's surname during the marriage, she must state whether she will continue to bear it or return to her previous surname. Many women choose to keep their husband's surname for social or professional reasons, or in order to have the same surname as their children.

Documents Accompanying the Statement of Claim

The following documents must also be attached to the statement of claim:

  • Certificate of civil marriage;
  • Birth certificate(s) of the children;
  • Statistical information in the prescribed form;
  • Lawyer's power of attorney;
  • Proof of payment of the state fee.

In order to calculate the maintenance, it is necessary to provide evidence of the spouses' income and the needs of the children.

Divorce Proceedings

The statement of claim is submitted to the district court at the permanent address of the respondent (the other spouse). At the first court hearing, the spouses must attend in person. If the claimant fails to appear without a valid reason, the case may be terminated.

The proceedings may be stayed at the request of the wife if she is pregnant. In such a case, the proceedings may be stayed until the child reaches the age of 12 months. The spouses may also request that the proceedings be stayed in order to reach an agreement, for a period of 6 months. If they succeed in reaching agreement, the case will be converted into a divorce by mutual consent.

If the parties fail to reach agreement, the court will have to assess whether the marriage has indeed reached such a level of breakdown that its restoration is impossible. In addition, the court will make decisions on all remaining matters connected with the dissolution of the marriage, including parental rights, maintenance and the division of property. It is not sufficient for the spouse who filed the divorce petition simply to no longer wish the marital relationship to continue. They will have to present convincing evidence that the marital bond has been destroyed to a degree at which it cannot be restored. If the court finds that the problems in the marriage are temporary or can be resolved, the divorce claim may be dismissed.

Since the court decides the key matters concerning the children, maintenance and the distribution of property, the decisions often do not fully satisfy either party. Even on appeal, the court's decision may once again fail to satisfy all those involved, while relations between the parties deteriorate even further. For this reason, it is advisable that the spouses strive to reach an agreement, which will give them control over the decisions for the future and save unnecessary tension and expense.

Interim Measures During the Proceedings

During the divorce proceedings, if relations between the spouses are strained, the court may order interim measures. These measures may concern:

  • Temporary maintenance for the children or for one of the spouses;
  • The use of the family home;
  • The arrangements for the care of the children.

These measures may be amended in the course of the proceedings if the circumstances change.

Fees and Costs

Upon submission of the statement of claim, a state fee of BGN 25 is payable. Additional fees are charged following the court's decision, particularly if maintenance or other financial obligations have been awarded. The fee for maintenance is 2% of the total maintenance for three years.

If the court establishes fault for the breakdown of the marriage, the guilty spouse will be required to cover all the costs of the proceedings, including the other party's lawyers' fees.

Conclusion

Divorces by way of a claim can be slow, complex and expensive. Spouses often prefer an agreement in order to avoid lengthy and tense court proceedings. It is always advisable for the parties to strive to resolve the important matters surrounding the divorce jointly, in order to avoid unnecessary conflict and expense.

If you require a consultation or assistance in connection with cases concerning divorce, parental rights and maintenance, please contact us on telephone 0887550706 and by e-mail: [email protected]