I want to get a divorce. What is the procedure?


Divorce with an agreement - Motion for consensual divorce
  • What do you get: Determination of parental rights and division of joint property between spouses through a written agreement on divorce approved by a court decision.
  • Why do you need it: When circumstances allow, provides least stressful and fastest method of divorce between spouses.
  • What happens if you do not do it: Divorce will be conducted through court procedure in a longer and more stressful manner.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.


Duration

332 days

Cost

Administrative fees:

  • Marriage certificate fee – RSD 420
  • Birth certificate fee – RSD 420
  • If the spouses jointly own real estate property - Real estate certificate procurement: RSD 540,00 per special part


Steps

  1. Introduction to the case
  2. Preparation of the draft of the divorce agreement
  3. Preparation of the joint motion for consensual divorce
  4. Filing of the motion
  5. First hearing
  6. Hearings
  7. First instance decision
  8. Complaint
  9. Second instance decision

Requirements

  • Document proving existence of the marriage:
    • This is the original of marriage certificate, which can be obtained at any municipality office in Republic of Serbia.
  • Documents proving parentage if the spouses have children:
    • The original child’s birth certificate, which can be obtained at any municipality office in the Republic of Serbia.
  • Documents proving ownership over the joint property:
    • Please check the manual regarding division of joint property.
    • In the case of movable property or other rights, the spouses may submit an agreement, court decision or any other document based on which they acquired the right of ownership over such property, as well as an excerpt from the register if the movable property or right is registered in accordance with regulations.
  • Power of attorney
    • Please check Power of Attorney in “General”


Templates

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Divorce without agreement - Petition for divorce
  • What do you get: Determination of parental rights and division of joint property between spouses through court decision.
  • Why do you need it: In absence of agreement on divorce, spouses file a petition so that the competent court could resolve their issues.
  • What happens if you do not do it: Prolongation of status of undetermined spousal relations.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.


Duration

327 days

Cost

Administrative fees:

  • Marriage certificate fee – RSD 420,00
  • Birth certificate fee – RSD 420,00
  • If the spouses jointly own real estate property - Real estate certificate procurement: RSD 540,00 per special part


Steps

  1. Introduction to the case
  2. Preparation of the petition
  3. Filing of the petition
  4. First hearing
  5. Hearings
  6. First instance decision
  7. Complaint
  8. Second instance decision

Requirements

  • Document proving existence of the marriage:
    • The original of the marriage certificate, which can be obtained at any municipality office in the Republic of Serbia.
  • Documents proving parentage if the spouses have children:
    • The original of the child’s birth certificate, which can be obtained at any municipality office in the Republic of Serbia.
  • Documents proving ownership over the joint property:
    • Please check the manual regarding division of joint property.
    • In the case of movable property or other rights, the spouse may submit an agreement, court decision or any other document based on which they acquired the right of ownership over such property, as well as an excerpt from the register if the movable property or right is registered in accordance with regulations.
  • Power of attorney
    • Please check Power of Attorney in “General”


Templates

  • Next to be included

For further and more detailed information on the above we recommend that you contact an Advocate.
Click here if you want to be linked to an Advocate

Register First

If you registered before Log-in to continue