WHAT ARE THE MOST IMPORTANT ISSUES IN A DIVORCE?

In a divorce, at least these 8 issues must be clarified in advance:

• Whether it will be by mutual consent or contested (by court claim).

• Whether a ruling on fault will be requested.

• Where the children will live.

• Who and how will exercise parental rights (custody).

• What the visitation schedule (personal relations) will be.

• What the amount of child support will be.

• Who will use the family home.

• What will happen to the surname and potentially to the property relations.

In a divorce, the most important issues are usually not only whether the marriage will be dissolved, but also what the legal consequences will be afterward. Under Bulgarian law, it is good to distinguish between two main scenarios:

• Divorce due to deep and irretrievable breakdown of marriage – via contested proceedings (court claim), either spouse may petition for divorce.

• Divorce by mutual consent – when both spouses desire the divorce and submit an agreement.

1. Which procedure will be followed If there is no agreement between the spouses, the divorce is contested. The court then assesses whether the marriage has suffered a "deep and irretrievable breakdown." If there is agreement, the divorce is by mutual consent. The court allows the divorce only if it is convinced that the consent is genuine and firm, and that the agreement does not contradict the law and is in the best interest of the children (Art. 330, para. 3 of the Code of Civil Procedure).

2. The issue of fault In contested divorce proceedings, the court rules on fault only if one of the spouses explicitly requests it. If no one requests a ruling on fault, the court can dissolve the marriage without such a determination.

3. Children – the most important practical issue When there are minor children, the court or the spouses must mandatorily arrange:

• The residence of the children;

• The exercise of parental rights;

• Personal relations (visitation rights) with the other parent;

• Child support;

• The possibility of the child traveling abroad and the issuance of personal identity documents.

In a divorce by mutual consent, these issues must be included in the agreement. The court decides everything considering the "best interest of the child," taking into account the parental qualities of the parents, previous care, the child's attachment, age, social environment, and financial capacities (Art. 59, para. 6 of the Family Code).

4. Is joint exercise of parental rights possible? Yes. The law explicitly permits joint exercise of parental rights and duties even after the divorce, provided both parents desire it and it serves the best interest of the child. However, this does not happen automatically. Concrete measures for dividing rights and duties must be agreed upon or specified.

5. Visitation schedule (personal relations) The visitation schedule is not merely a general right "to see the child." It must include specific periods and days, including:

• Vacations;

• Official holidays;

• Personal occasions/holidays;

• Remote contact – telephone, electronic messages, and other means.

The parent with whom the child resides has an obligation to cooperate and provide information about the child.

6. Child support Child support must provide the child with living conditions close to those prior to the divorce, unless this would cause exceptional hardship for the paying parent. This means the court looks beyond minimum thresholds to evaluate the specific needs of the child and the capacities of the parents.

7. The family home In a divorce, the issue regarding the use of the family home must also be addressed:

• In a divorce by mutual consent – in the agreement;

• In a contested divorce – this claim can, and in certain cases must, be considered within the matrimonial proceedings.

This is especially critical when minor children are involved.

8. Spousal maintenance (alimony) Divorce may also raise the issue of maintenance between former spouses. In a divorce by mutual consent, this matter should be settled in the agreement. In a contested divorce, it can also be joined with the matrimonial claim.

9. Surname after divorce The surname is another issue that must be resolved:

• In mutual consent – explicitly in the agreement;

• In a contested divorce – it can be considered within the same case.

10. Property relations Many people believe that divorce automatically resolves all property matters. This is not always the case. It is important to know that in a European context, divorce issues and property consequences are distinct. The regulation on applicable law in divorce does not apply to the matrimonial property consequences. Therefore, the following must be evaluated separately:

• Who owns what property;

• The applicable property regime;

• Whether a separate division/partition of property will occur;

• Whether a marital agreement (prenup/postnup) or joint marital ownership exists.

11. If the marriage has an international element If one spouse is a foreign national, resides in another country, or the marriage is linked to more than one country, two distinct issues become decisive:

• Which court has jurisdiction;

• Which law applies.

Regarding the applicable law for divorce within the EU, spouses may choose the applicable law from a limited group of connected legal systems. If Bulgaria has a bilateral treaty with a specific country, that treaty may also be relevant.

12. Personal appearance and procedural risks In both contested divorce and divorce by mutual consent, personal appearance is REQUIRED.

13. Mediation and agreement The law encourages voluntary dispute resolution. In a contested divorce, the court directs the spouses toward mediation or another method of amicable settlement. At any stage of the proceedings, the spouses may present an agreement regarding all or part of the consequences of the divorce. If the best interest of the children is protected, the court approves it.

14. Possibility of modification after divorce Decisions regarding children are not final forever. Upon a change of circumstances, a modification may be requested regarding:

• Residence;

• Parental rights;

• Personal relations (visitation schedule);

• Child support (Art. 51, para. 4 of the Family Code; Art. 59, para. 11 of the Family Code).

This is particularly relevant in cases of:

• Relocation to another city or country;

• Systematic non-compliance with the visitation schedule;

• Parental alienation;

• Substantial changes in income or needs.