How to get a divorce is the most frequently asked question with which clients come to the office. There are many specifics, but I always recommend that the parties try to settle their relations through talks and mutual concessions, consulting in advance with a lawyer who will give them the opportunity to get acquainted with the various possibilities and to conclude the right option for them.
The advantage of reaching a mutual agreement is that the parties will determine the consequences. It avoids the establishment of a deep and irreparable disorder, and the decision must be serious, mutual and unwavering, no guilt is sought. respectively, the court to consider a number of issues, namely -1 / in the presence of minor children- Residence of children, parental rights, personal contacts with the other parent and maintenance, 2 / Use of family home, 3 / Surname and maintenance between ex-spouses.
Divorce proceedings in case of divorce by mutual consent.
Security production. Begins at the request of both spouses, filed with a district court in whose district is the permanent address of one of the parties
The court examines the agreement reached between the parties, checks whether it meets the legal requirements:
- to protect the interests of children
- be complete;
- not to contradict the law (art. 330 of the Civil Procedure Code).
After being satisfied that the consent of the spouses is serious and unwavering, and that the agreement is not contrary to the law and is in the best interests of the children, the court allows the divorce and approves the agreement.
The decision for divorce by mutual consent is not subject to appeal
Fees and expenses
In the course of the proceedings the following fees are due:
1. Initial state fee for submitting the application in the amount of BGN 25 to the account of the district court - Art. 6, item 1 of the Tariff under the Civil Procedure Code;
2. Upon admission of divorce by mutual consent, a final state fee of up to BGN 40 at the expense of the district court - Art. 6, item 3 of the Tariff under the Civil Procedure Code;
According to the new Civil Code, the agreement may also settle the consequences of the divorce beyond those specified in Art. 51, para. 1, assoc. first from SC. When, under the Community regime, the parties reach an agreement on maintenance as well as on their property relations, the corresponding fee is also collected.
Divorce by lawsuit - due to marital disorder
Termination of an existing civil marriage in its deep and irreparable disorder.
The proceedings begin with a claim by only one of the spouses, as there is no mutual agreement between the spouses on the divorce and on the equal settlement of its consequences.
Each of the spouses can file for divorce.
If a serious and unwavering mutual consent of the spouses for divorce is reached, the proceedings should be rescheduled by mutual agreement and an agreement drawn up to be submitted to the court.
Grounds for divorce
Reasons are facts that have caused a profound and irreparable breakdown in marriage. The plaintiff must state all the grounds for the deep and irreparable breakdown of the marriage.
- exercise of parental rights, personal relations between children and parents, child support
-the use of the family home after the divorce
- maintenance between spouses
The grounds for the divorce claim are the presence of facts that cause the profound breakdown of their marriage. Each of them is the basis of a separate claim for divorce, and if the plaintiff fails to state any of them on multiple grounds for deep marital breakdown, the consequence will be the preclusion of the divorce claim based on this fact. Therefore, in view of the principle of the completeness of the marital process, all the facts of the spouses' lives which justify the profound and irreparable breakdown of their marriage constitute a separate action for divorce and, once known to the spouses, must be brought to an end. of oral competitions.
Divorce proceedings by way of an action.
A divorce claim is a constitutive claim and the proceedings are a claim. It starts on the basis of a written request from one spouse to the district court in the area where the defendant's (other spouse's) permanent address is.
The claim is referred to the court and a case is scheduled.
Upon reaching an agreement between the parties, depending on its content, the case is either terminated or proceeds to divorce proceedings by mutual consent. The court rules on guilt for the breakdown of the marriage only if one of the parties has requested it.
The legislator has given the opportunity in the divorce proceedings, at the request of either party, the court before which the divorce claim is filed, to determine interim measures regarding:
- maintenance between spouses;
- the family home;
- the use of the property acquired during the marriage;
- child care and maintenance.
These measures can be taken at any time during the divorce process. The referral to the court may be done with an oral request of one of the parties - in a court hearing.
Fees and expenses.
In the course of
the following fees are due for the production:
When filing the claim - BGN 25 at the expense of the district court, the final amount of the fee - up to BGN 50, but not less than BGN 20 at the expense of the district court, a fee is due when determining maintenance.
In conclusion, before going to court, you should carefully consider the legal possibilities, make an informed and correct choice of which of the possible options to choose in order to achieve a reasonable, unencumbered and best for you termination of marriage. .
We from the law firm Arabadjiev will help you with this.