Развод - по взаимно съгласие или по исков ред

A practical overview of the two main types of divorce, the key issues in the court procedure, and the consequences for the family, property, and children.

Divorce is rarely a mere formality. Even when both spouses have reached an agreement, the procedure has significant legal consequences—for the children, property, the family home, maintenance, and even the family name after the marriage is terminated.

Bulgarian legislation provides for two main ways to terminate a marriage through court proceedings: divorce by mutual consent and divorce by action. Both lead to the same result—the termination of the marriage—but the path to it is different.

Here is what is important to know if you find yourself in such a situation or simply want to understand how the procedure works.

Divorce by mutual consent

This is the faster and less confrontational option. The law requires that the spouses have a "serious and unwavering mutual consent" for the divorce. In other words, the court must be convinced that the decision is not a momentary emotional outburst but a considered and the absolute will of both parties.

The advantage of this procedure is that the court does not examine the reasons that led to the separation. It does not seek to determine who is at fault, who started the conflict, or why the relationship deteriorated. The focus is different: whether both spouses truly want a divorce and whether they have settled its consequences in a way that does not contradict the law and protects the interests of the children.

The procedure begins with a joint petition to the district court. It must be accompanied by a written agreement, pre-signed by both spouses, which settles the most important issues after the separation.

What must the agreement contain?

First and foremost, issues related to the children are settled, if the spouses have minor children. It must be specified with whom they will live, who will exercise parental rights, what the contact schedule with the other parent will be, and what child support will be paid.

because sometimes the home is jointly owned, but in other cases, it is the property of only one spouse. Nevertheless, the court may consider the interests of the children and the real needs of the family after the separation.

The agreement must also cover maintenance between the spouses, if any is due, and the family name after the divorce—for example, whether one spouse will revert to their pre-marital name.

The spouses can also settle other consequences, including the division of property acquired during the marriage. The clearer the agreement, the lower the risk of new disputes arising after the divorce.

What is the role of the court?

The court does not approve the agreement automatically. It checks whether it is complete, whether it does not contradict the law, and, most importantly, whether it protects the interests of the children. If the court finds omissions or ambiguities, it may set a deadline for their correction.

If the deficiencies are not corrected, the divorce petition may be dismissed. Therefore, it is important that the agreement is drafted carefully, not just as a formal document.

If it comes to the court hearing, both spouses must appear in person to confirm their will for divorce before the court. If everything is in order, the court grants the divorce and approves the agreement with a decision that is not subject to appeal. Once the decision is issued, you are officially divorced, and there is no turning back—unless, of course, you remarry each other, history and court practice know such cases.

Divorce by action

Divorce by action is used when there is no agreement between the spouses. This may mean that one spouse does not want a divorce, that they are arguing about the reasons for the separation, or that they cannot agree on important issues such as the children, the home, or property.

The procedure begins with a statement of claim from one spouse against the other. The ground for such a claim is the "deep and irreparable breakdown of the marriage." In practice, this means that the normal marital relationship is permanently disrupted, and its restoration is no longer realistic.

This procedure is usually more complex and emotionally charged. The spouse filing the claim must state the facts and circumstances that led to the breakdown of the marriage and prove them during the case.

Does fault matter?

At the request of one of the parties, the court may also rule on the issue of fault for the breakdown of the marriage. This is not mandatory in every case, but when requested, it can have some important consequences.

Establishing fault is mainly relevant for the allocation of court costs and for the right to maintenance between the former spouses. In some cases, it also has a strong emotional weight because it is important for the parties that the court establishes how the breakdown of the marriage occurred.

The court guides the parties towards reconciliation, including through mediation. However, if no agreement is reached, the court decides the disputed issues with its judgment.

What does the court decide when there are children?

When the spouses have minor children, the court must address the issues of parental rights, the children's place of residence, the contact schedule with the other parent, and child support.

Guiding criterion is always the best interest of the child. This means that the court does not just formally look at what each party wants but assesses where the child will have a more stable, calm, and suitable environment.

The minimum amount of child support for one child is equal to one-quarter of the national minimum wage. However, the specific amount depends on the child's needs and the parents financial capabilities.

What happens to the property?

The divorce terminates the spousal community of property. This is the regime under which property acquired during the marriage is, as a rule, jointly owned, regardless of whose name it is registered in.

The basic principle is that the spouses' shares are equal. However, the law allows exceptions. The court may award a larger share to one spouse if they are in particular difficulty and have been granted parental rights over the children, or if their contribution to the acquisition of the property significantly exceeds that of the other.

It is here that many people realize that divorce is not only a personal but also a financial and legal process. Therefore, it is important to assess from the outset what property was acquired during the marriage, what its regime is, and what claims can be made.

Who stays in the family home?

The family home is often one of the most sensitive issues in a divorce. If the home is jointly owned, the court decides which of the spouses will use it after the termination of the marriage, giving priority to the interests of the children.

It is even possible for a home that is the property of only one spouse to be granted for use to the other if they have been granted parental rights. This often surprises people, especially when the property is personal property or has been in the family for a long time.

The reason is that the right of ownership and the right of use after a divorce do not always coincide. The court may temporarily grant the use of the home to the other spouse when this is necessary to protect the children and the stability of the environment in which they will live.

Alimony between former spouses

In addition to child support, the law also allows for maintenance between former spouses. A spouse who is not at fault for the divorce is entitled to such maintenance when the legal prerequisites are met.

As a rule, it is due for a period of up to three years after the termination of the marriage, unless the parties have agreed on a longer period. This is a separate issue from child support and is assessed according to the specific situation.

What is the most reasonable approach?

When the relationship allows, divorce by mutual consent is usually the better option. It saves time, costs, and emotional stress, and it also gives the spouses more control over the consequences of the separation.

However, when there is no agreement or there is a serious dispute, divorce by action remains the mechanism through which the court can decide the issues for the parties.

In both cases, consulting a lawyer is important. It helps not only with the proper conduct of the procedure but also in protecting the interests of the parties at a time when decisions are often made under strong emotional pressure.

Divorce is a difficult process, but good legal preparation can make it clearer, more predictable, and calmer.