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Divorce proceedings in the Republic of Serbia are governed by the Family Law Act. The process begins either with a divorce lawsuit or a joint petition for consensual divorce.

Mandatory Elements of a Divorce Agreement

The divorce agreement must include:

  • Agreement on the exercise of parental rights, and
  • Agreement on the division of joint property.

The parental rights agreement may include:

  • Joint exercise of parental rights, or
  • Exclusive exercise of parental rights by one parent.

How to Initiate Divorce Proceedings?

The divorce process is initiated by submitting:

  • A divorce lawsuit, or
  • A joint petition for consensual divorce.

Who Can File for Divorce?

Either spouse may file for divorce.

Can a Lawyer File the Petition on Your Behalf?

If the petition is submitted through a legal representative (attorney), a notarized power of attorney is required.

In a consensual divorce, both spouses cannot be represented by the same attorney.

Divorce Lawsuit

If the spouses cannot reach an agreement regarding:

  • Property division,
  • Parental rights,
  • Child support contributions,

then a consensual divorce is not possible, and proceedings must be initiated through a lawsuit.

The lawsuit must be filed with the court that has jurisdiction based on the last joint residence of the spouses.

Our law office provides full legal support during divorce proceedings – whether it is a consensual divorce or a divorce through litigation.

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