How Divorce Proceedings Work, Step by Step:
In the Republic of Serbia, divorce can be obtained in two ways: by mutual agreement or by lawsuit.
The Family Law provides that a marriage ends by divorce, and divorce occurs at the request of a spouse when relations are permanently disrupted or when living together is no longer possible.
If the spouses have minor children, the court is obliged to simultaneously decide on the exercise of parental rights and child support.
If the spouses agree to dissolve their marriage and have reached an arrangement on all essential issues, such as division of marital property (if any) and the exercise of parental rights, they submit a joint petition for divorce by mutual agreement, signed by both spouses. The court will accept the spouses’ agreement on parental rights provided it determines that the arrangement is in the best interests of the child.
Required basic documentation for divorce by mutual agreement: the original marriage certificate and original birth certificates for all joint minor children.
Important rule: In the case of divorce by mutual agreement, both spouses cannot be represented by the same attorney.
When spouses cannot agree on the decision to divorce, or cannot reach an arrangement regarding the division of marital property and the exercise of parental rights, a lawsuit must be filed with the competent court to initiate divorce proceedings.
The court generally seeks the opinion of the guardianship authority (Social Work Center) and actively protects the child’s right to be heard in accordance with their age and maturity.
In a consensual divorce, instead of sole parental custody, the spouses may agree to exercise joint parental custody over their minor children.
In a contested divorce, only sole custody is possible. In all cases, the court will ensure that the best interests of the child are upheld.
The parent who does not exercise custody is obliged to contribute to the child’s maintenance. Child support may be set as a fixed monetary amount or as a percentage, which cannot be less than 15% nor more than 50% of the payer’s regular monthly income.
The amount is determined based on the needs of the child and the means of the parent providing support. Personal relations are arranged in a way that preserves a stable relationship between the child and the parent.
Marital property consists of assets acquired through the work of the spouses during the marital union.
Separate property consists of assets acquired before marriage, as well as assets acquired during marriage by division of marital property, inheritance, or gift. It is presumed that shares in marital property are equal.
Spouses may also regulate their property relations through a marital agreement, which must be notarized by a public notary.
The court decides on the reimbursement of costs in family-related proceedings at its discretion, taking into account principles of fairness. Typically, each party bears its own costs, though the court may, in exceptional cases, order one party to cover all costs.
In divorce by mutual agreement, a court fee is paid for the petition for consensual divorce. In contested divorce, the court fee is paid on the lawsuit. In both cases, a court fee is also paid on the judgment.
Jurisdiction in divorce cases is determined according to the domicile or residence of the respondent spouse, or according to the last joint domicile of the spouses.
The attorney takes over the complete preparation of the petition for divorce by mutual agreement or the lawsuit, proposes the optimal strategy (settlement or contested proceedings), coordinates with the Social Work Center, and provides legal assistance throughout the court process until its conclusion.
In a consensual divorce, personal attendance is not required. Since the spouses have already reached an agreement on the most important issues and nothing remains in dispute, it is sufficient for their attorneys to attend the scheduled hearing on their behalf.
No. The law expressly prohibits both spouses from having the same legal representative in a divorce by mutual agreement.
In a consensual divorce, when the spouses agree on all relevant issues and the submitted documentation is complete, the procedure is usually concluded in a single hearing. A contested divorce, however, takes longer, depending on the complexity of the case, the evidence to be presented, expert testimony, and similar factors.
Joint custody is possible only in the case of divorce by mutual agreement, if the spouses agree to share custody and the court determines that such an arrangement is in the best interests of the child.diteljskog prava je moguće isključivo u slučaju sporazumnog razvoda braka, ukoliko su se supružnici dogovorili da žele zajednički da vrše roditeljsko pravo, pod uslovom da sud oceni da je to u najboljem interesu deteta.
It is set according to the needs of the child and the means of the parent providing support. If circumstances change after the court’s decision, a lawsuit may be filed to increase or decrease the amount of child support.
Marital property includes everything acquired through work during the marriage. Separate property includes assets acquired before marriage, assets obtained during marriage through division of marital property, as well as those acquired by inheritance or gift.
Yes, property acquired before marriage remains your separate property. However, if the other spouse made significant investments in the apartment during the marriage, they may seek reimbursement of the invested funds.
Not always. Typically, the court rules in one proceeding on the divorce itself, custody, child support, and visitation rights, while the division of marital property is resolved in a separate proceeding.
In the Republic of Serbia, divorce cases fall under the jurisdiction of the Basic Court according to the residence or domicile of the respondent, or the area where the spouses last shared a common residence.
While divorce proceedings are ongoing, both parents continue to exercise joint parental rights and remain obliged to care for their children.
When spouses live in different countries, divorce may be initiated in Serbia if: the respondent has residence in Serbia; the petitioner is a Serbian citizen and has residence in Serbia; or the spouses last lived together in Serbia and the petitioner, though a foreign national, has residence in Serbia at the time of filing.
If the marriage was dissolved abroad, the foreign court decision must first be recognized in Serbia. For this, the original final judgment, certified with an Apostille stamp, and the official translation into Serbian by a sworn court translator must be submitted. After recognition, the divorce is recorded in the civil registry in the Republic of Serbia.
Yes. A prenuptial agreement, executed in the form of a notarized document, allows spouses to determine in advance how to manage current and future property, thereby avoiding disputes or conflicts in the event of divorce.
Reconciliation is carried out only when a divorce lawsuit has been filed, with the aim of resolving conflicts between spouses in order to avoid divorce altogether. Both spouses are summoned, and their attorneys are not allowed to attend.
If reconciliation is successful, the lawsuit is considered withdrawn. Otherwise, the process continues with settlement, aimed at preventing conflicts after the divorce. In this phase, both spouses and their attorneys may attend, and settlement is deemed successful if the spouses agree on custody and division of marital property.
If one or both spouses fail to attend the settlement hearing, the contested divorce proceedings continue.
Note: The content of this text is for informational purposes only and does not constitute legal advice. While we strive to ensure that all information is accurate and up to date, each situation has its own specific circumstances and requires individual legal assessment. For precise and reliable advice regarding your particular case, it is recommended that you consult a lawyer.
Last updated: October 17, 2025.
