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развод при наличии компромата и custody

МнениеПубликувано на: 06 Яну 2008, 17:42
от marianna74
Dear people,

sorry that i ask my question in Eglish - but since I don't speak Bulgurian I have no other choice (

well, the question is easy as that:

Does information about the unfaithfulness (or other compomasing information) of the husband play a role in divorce proceedings and the subsequent custody proceedings?

The woman (wife) posseses some information prooving the fact of the child's father' unfaithfulness. Father (after divorce) wants to have an opportunity to see his son on the regular basis. Has his (ex-)wife a right to put the obctacles to his intention legally (explaining. f.i. that his "morality" will "unfovourably" influence on their child?

and the second question - on what conditions is it possible to make a 50x50% custody arragment in Bulgary ? And again - plays this compromasing info the role in the proceedings?

And i am curious about the official law (де-юре) and де факто, it is not always the same in the practice

THANK you at advance!!

МнениеПубликувано на: 07 Яну 2008, 13:51
от Mishelina
First, The information about the unfaithfulness of the husband plays a role in the divorce proceedinds in favour of the wife and the fault of the divorce. If the fault of the divorce is proved the fault husband pays the expenses for the divorce and there are some other consequences. But the unfaithfulness has to be proved with witnesses, some documents(if you have) for bank accounts and transactions, if the husband has spent money for the lover. The judge will appraise the witness's testimonies and their credibility.
Second, after the divorce the father is still a parent and has the legal right to see his child. In the divorce act a visit regime is defined (how many times and when the father has the right to see his child).
In Bulgaria almost 100% of the divorce cases are in favour of the wife (as a mother she is supposed to take care for the children "in a better way", educate them and give them an appropriate behaviour in the society).
Even if you think that the father will "unfovourably" influence on his child, he will not be disallowed of seeing his child.
Dejure and defcto both of the parents have rights in arraising their children.
Even if the custody goes to the mother the father will be granted to see his child.

МнениеПубликувано на: 07 Яну 2008, 16:55
от marianna74
Thank you, it is clear!

And i am curious about the duration of the such meetings - for instance, in my country minimum duration - 2 hours every fourtnight (2nd weekend usually). In cases, when parents failed to make a normal arragment.
This is rediculous, of course!

Do you have such limitations in Bulgarie? and what is the usual practice? I mean: court's decision in majority cases?

Don't ignore, please, my question, it is very important for us!!

МнениеПубликувано на: 08 Яну 2008, 13:09
от Mishelina
And where did you get married? I suppose that your husband is a Bulgarian.May be it is possible to get divorced in your country according to your national law. Give more info

МнениеПубликувано на: 09 Яну 2008, 11:32
от marianna74
я - не его жена ;-) он - да, Болгарин