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DIVORCE
On our page, you will get all the necessary information related to the divorce
procedure from a divorce attorney.
Our law firm Rasic & Partners in the Republic of Serbia specializes in family law,
where it mainly represents clients in divorce cases. Divorces in which the parties do
not have joint assets and at the same time do not have joint children are usually the
simplest and fastest. In cases where one of the spouses is a foreign citizen, the only
disputed question may be regarding the jurisdiction of the court in the Republic of
Serbia. If you want to get a divorce in Serbia, and you are not sure whether the
Serbian court will be competent to decide your case, contact an attorney
specializing in divorce cases.
Rasic & Partners law firm is also your first point of contact if there is a joint
property that needs to be divided between the parties – married partners. Sometimes
it is difficult to judge what a common property is and what it isn’t. Only after
carefully examining each case and accurately understanding the client’s past
property acquisitions can a family law attorney provide you with a prediction of
how the division may proceed and represent you in court.
In divorce cases where the spouses are parents of minor children (under 18), the
court must make a decision regarding the custody of the children, child support, and
the pattern of seeing the non-custodial parent. When the parents can’t come to an
agreement, the court asks for the help of the Social Welfare Centre, which provides
the court with an expert opinion regarding custody and the model of seeing the
child. On the other hand, child support will be decided by the court only after a
careful examination of the average monthly income and expenses of each parent.
The needs of the child, i.e. the best interests of the child, will also be taken into
account. In each of these cases, in our opinion, you will need legal support and
representation from an experienced and competent divorce attorney.
If your spouse and you can agree on all of the above-mentioned issues, we
recommend the simplest divorce procedure – uncontested divorce.
UNCONTESTED DIVORCE
This procedure is the simplest and the cheapest. It is initiated by a proposal for an
uncontested divorce settlement agreement submitted to the competent court in the
place of residence, or residence of one of the spouses, or in the place where your
last joint residence was. The most important feature of an uncontested divorce is the
mutual consent of the spouses to divorce the marriage.
– What are the important issues that must be regulated by an agreement between the
spouses? –
In the first place, the spouses must resolve issues concerning their joint minor
children if they have any. This implies that the proposal for an uncontested divorce
settlement agreement must necessarily contain a written agreement on custody of
the children, that is, whether one of the parents will exercise parental rights
independently or will exercise parental rights jointly according to the agreement.
If the agreement proposes that one parent exercises parental rights independently, in
addition to the agreement on entrusting the child to one parent, the proposal must
also contain an agreement on the amount of maintenance contribution to be made
by the other parent, as well as an agreement on how to maintain the child’s personal
relationship with the other parent.
A parent who does not exercise parental rights has the right and duty to support the
child (payment of alimony), maintain regular personal relationships with the child,
as well as to discuss all important issues that affect the child’s life (e.g. education,
change of residence, medical procedures, etc. ) decides jointly and in agreement
with the parent exercising parental rights.
If the spouses acquired joint property during the marriage, the proposal for an
uncontested divorce must also include an agreement on the division of joint
property, that is, how the spouses will divide the property.
In the procedure initiated based on the proposal for an uncontested divorce, if there
are joint minor children, the competent Social Welfare Centre will be involved from
the beginning, which will invite the spouses for an interview before going to court
and which will give its opinion to the court after the interviewing it conducts.
Afterward, the court will issue a decision containing your agreement. However, the
court doesn’t have to accept your proposal if it judges that it doesn’t protect the
rights and interests of your children and can arrange the relationship differently.
DIVORCE LAWSUIT
Another option, much more stressful for the spouses, is divorce initiated by a
lawsuit. It is the spouse’s only option if their relationship is disturbed to such an
extent that an agreement between them is impossible. In our law and legal practice,
the principle that “no one can remain married against their will” applies. This means
that any of the spouses can initiate divorce proceedings by filing a lawsuit with a
competent court in the Republic of Serbia. The competent court is the one in whose
territory the spouses had their joint last residence or the court in whose territory the
defendant spouse has his or her residence.
Divorce initiated by a lawsuit is certainly a more complex, expensive, and a
stressful variant of the divorce procedure. Also, the procedure itself, depending on
the court’s jurisdiction, can last more than six months on average.
In case the spouses have minor children, the court will discuss the divorce itself and
the exercise of parental rights over joint minor children, while the issue of joint
property acquired during the marriage will be resolved in a separate civil
proceeding.
HOW MUCH DOES A DIVORCE COST?
Certainly, one of the most common questions is “How much does a divorce cost”?
Of course, the price depends on whether you hire an attorney or not. If you decide
to hire an attorney, the price of legal services varies depending on which attorney
you hire. Drawing up a lawsuit for divorce according to the current lawyer’s tariff
costs 16,500.00 dinars, and the attorney’s appearance at the hearing costs 18,000.00
dinars. To these amounts, regardless of hiring an attorney, add the amounts of fees
for the lawsuit and the judgment, 2,660.00 dinars each, which the spouses pay to the
court.
WHEN IS A MARRIAGE DISSOLVED?
The marriage was definitively dissolved by the first-instance judgment on divorce.
The decision of the court in the first instance can be challenged only regarded the
court’s decision to entrust the child to one of the parents, regarded the amount of
child support (alimony), and regarded the model of seeing the child with the parent
with whom the child doesn’t live. Finally, there is the possibility of appealing the
costs of the procedure.
No matter which way you choose to get a divorce, you should also know that
divorce costs not only financially, but also emotionally. Try to make the divorce
process as painless as possible for your children and you.
For more information and to schedule a consultation, you can contact a divorce
attorney at the Rasic & Partners law firm via the following link:
