Divorce in Serbia: divorce by mutual consent or divorce by lawsuit

Two ways to divorce

A marriage can be dissolved by agreement of the spouses or on the petition of one of them. Divorce by mutual consent is faster, cheaper and less stressful, but it requires the spouses to agree on all important issues.

Divorce by mutual consent

The spouses file a joint petition with the court, together with a written agreement on the exercise of parental rights, if they have minor children, and on the division of their joint property. The court checks whether the arrangement for the children is in their best interests. When the agreement is well prepared, the procedure is often completed at a single hearing.

Divorce by lawsuit

When there is no agreement, one spouse files a lawsuit. The court then also decides with whom the children will live, how contact with the other parent will be maintained and the amount of child support. The procedure takes longer, and mediation between the spouses is usually attempted.

Children, support and property

In matters concerning children, the court always starts from their best interests. The amount of support depends on the child's needs and the parent's means. Property acquired through work during the marriage is considered joint property and is, as a rule, divided in equal shares, unless one spouse proves a greater contribution.

How to make it calmer

A well-prepared agreement saves both time and nerves. A lawyer can help make the agreement clear and complete, so that new disputes do not arise later.

This guide provides general information on Serbian law and is not legal advice for a specific case.