"Divorce" comes from the Latin word "divortium" which means separation.
The oldest codified law in the history of divorce is traced back to 1760 BC during the reign of the Babylonian King Hammurabi. The king is believed to have carved 282 laws into stone tablets, including the divorce law.
In Bulgarian law, divorce can proceed as a court proceeding with or without ruling on the question of whose fault it is for breaking the marital relationship.
Art. 49, para. 3 states that with the decision to grant the divorce, the court also decides on the fault for the breakdown of the marriage , if one of the spouses has requested this. That is, it is necessary that at least one of the spouses has made this request in order for the court to consider the fault.
HOW GUILT IS DETERMINED. MARRIAGE OFFENSES.
In the provisions of the Bulgarian Family Code, an extramarital affair is considered one of the serious marital offences. Other matrimonial offenses can be kicking the spouse out of the home, preventing them from seeing the children, neglect and ill treatment, and others. In Decree Of The Plenum Of The Supreme Court № 10/1971 it is emphasized that the reaction of one of the spouses against the violations of the marital obligations of the other, when it does not exceed the limit of life-permissible reaction, is justified and should not be qualified as marital fault.
Legal Consequences of Fault in Divorce
In divorce, fault matters for the consequences of the divorce for the legal process.
- Guilt, for example, can be taken into account in determining parental rights if the behavior of the guilty spouse can adversely affect the development of the children - mentally, physically and emotionally.
- The issue of the provision of the matrimonial home can also be affected by blame for the breakdown of the marriage. According to Art. 56, para. 5 of the Bulgarian Family Code, when the spouses are co-owners or have a joint right of use of the family home, the court grants its use to one of them, taking into account the interests of minor children, guilt, state of health and other circumstances. вината, здравословното състояние и други обстоятелства.
- The innocent spouse has the right to claim maintenance as well, unlike the guilty spouse.
- In the event of the death of one spouse, the case can only proceed if he has requested a ruling on the question of fault. According to Art. 52. para. 1 the right to divorce does not pass to the heirs. According to para. 2 descendants or parents called to inherit may continue the process if the claimant has requested a judgment on fault to establish the merits of the claim brought on the basis of the culpable conduct of the surviving spouse indicated by the claimant.
- In addition, the costs of the case are also borne by the guilty spouse.
Shared guilt
The court often rules that both spouses are to blame for the breakdown of the marriage. Sometimes this is indeed the case, but in many cases the importance of guilt is thereby overlooked by some courts.
It is possible for the court to find fault with both spouses, the so-called "joint fault" - poor communication between the spouses, lack of trust and respect between them.
In conclusion
In a divorce case, the issue of fault can be key. In the event of a divorce case, we recommend that you contact a qualified attorney.
