What Is a Contested Divorce?

A contested divorce (развод по исков ред) occurs when spouses cannot agree to divorce by mutual consent, or when they disagree on key issues like custody, property, or support. One spouse files a divorce claim with the court, and the judge decides all disputed matters after hearing evidence from both sides.

Grounds for Contested Divorce

Bulgarian law recognizes one general ground: deep and irreparable breakdown of the marriage. The court must determine that the marital relationship has deteriorated to the point where reconciliation is impossible.

Evidence of marriage breakdown may include:

• Long-term separation — living apart for an extended period
• Infidelity — proven extramarital relationship
• Domestic violence — physical or psychological abuse
• Abandonment — one spouse leaving the family home without justification
• Addiction — alcohol, drugs, or gambling affecting family life
• Irreconcilable differences — persistent conflicts making cohabitation impossible
• Financial irresponsibility — wasting family assets or refusing to contribute

The Fault Question

Unlike mutual consent divorce, the court in a contested divorce determines fault. The court decides which spouse (or both) is responsible for the marriage breakdown.

Fault has practical consequences:

• The at-fault spouse cannot claim alimony
• Fault may influence property division in some cases
• The at-fault spouse pays the court costs
• Fault may be considered in custody decisions (though the child’s best interest prevails)

Either spouse, or both, can be found at fault.

The Court Procedure

Step 1: Filing the Claim

The claimant files a divorce petition with the Regional Court where the defendant has their permanent or current address. The petition must include:

• The grounds for divorce and supporting facts
• Claims regarding custody, support, property, and use of the family home
• Evidence and witness lists
• Court fee (varies based on claims)

Step 2: Mandatory Reconciliation Hearing

The court schedules a first hearing dedicated to reconciliation:

• The judge meets with both spouses and attempts mediation
• The hearing is closed to the public
• If reconciliation fails, the case proceeds to trial

Step 3: Trial Hearings

The court conducts one or more hearings where:

• Both parties present evidence — documents, witness testimony, expert reports
• Social reports are ordered for custody matters
• Children over 10 may be heard by the court
• Financial evidence is reviewed for support and property claims

Step 4: Judgment

The court issues a judgment that:

• Dissolves the marriage (if breakdown is proven)
• Determines fault for the breakdown
• Awards custody and sets visitation schedules
• Orders child support and spousal alimony if applicable
• Divides the family home use
• Addresses the family name issue

Timeline and Costs

Contested divorces are significantly longer and more expensive than mutual consent:

Aspect	Details
Duration	6 months to 2+ years
Court hearings	3–6 or more
Court fees	BGN 25 filing + fees based on property and support claims
Lawyer fees	BGN 1,500–5,000+ depending on complexity
Appeals	Either party can appeal to the appellate court

Switching to Mutual Consent

At any point during contested proceedings, spouses can agree to convert the case to a mutual consent divorce. This requires:

• Withdrawing the contested claim
• Filing a joint mutual consent petition
• Submitting a signed settlement agreement

This option saves time and money and is often encouraged by the court.

Foreign Spouses in Contested Divorce

For couples with a foreign element:

• Jurisdiction follows EU Brussels II bis rules or Bulgarian private international law
• Foreign spouses have full procedural rights in Bulgarian courts
• Translation and interpretation must be provided at the foreign spouse’s expense
• Foreign evidence and documents require apostille and certified translation
• The judgment may need recognition in the foreign spouse’s home country

Protect Your Rights in Troyan

Contested divorce requires strong legal representation to protect your interests on custody, property, and financial matters. Attorney Biser Dimov in Troyan represents both Bulgarian and foreign clients in contested divorce proceedings, providing strategic counsel and vigorous advocacy. Contact us for a confidential consultation.