Where to File for Divorce?

Divorce is the legal termination of marriage between spouses and can be initiated by filing a petition in court. Bulgarian legislation provides for two main methods of divorce: by mutual consent and by litigation (due to the fault of one spouse or in the case of serious marital discord).

1. Filing a Petition for Divorce by Mutual Consent When spouses agree to terminate the marriage, they can opt for divorce by mutual consent. In this case:
   • The divorce petition is filed in the district court where one of the spouses resides.
   • In the petition, both spouses indicate their agreement to the divorce and provide an agreement that addresses important issues such as alimony, residence of the children, exercise of parental rights, division of property, and family names.
   • The agreement is mandatory and must be approved by the court.

The court may confirm the divorce at the first hearing if the agreement meets legal requirements and protects the interests of the children.

2. Filing a Lawsuit for Divorce (in Case of Dispute) When spouses cannot reach an agreement for divorce or there are allegations of fault, the divorce is carried out through litigation:
   • The divorce lawsuit is filed in the district court at the permanent address of the respondent (the spouse against whom the claim is made).
   • In the petition, the plaintiff outlines the grounds for divorce, which may include the fault of the spouse or deep marital discord.
   • The court proceedings address issues related to fault, exercise of parental rights, residence of the children, alimony, and division of joint property.

Additional Steps and Documents To file for divorce, the following are required:

• A document proving payment of the state fee – the fee is paid in court and varies depending on the divorce procedure.
• An ID card of the plaintiff/petitioner.
• Marriage certificate (original or copy).
• Agreement (in case of divorce by mutual consent) or evidence of fault (in case of litigation).

The divorce petition is filed in the district court at the residence of one of the spouses in the case of divorce by mutual consent or at the address of the respondent in litigation. Regardless of the procedure, it is important that the petition and accompanying documents are complete and comply with legal requirements to facilitate the process and achieve a fair resolution for all parties involved.