There are two types of divorce proceedings in Serbia – contested divorce and uncontested divorce. In this brief text, we will answer the most important questions concerning the procedure for uncontested divorce in Serbia.
How can I get divorced in Serbia?
In order to initiate the divorce procedure in Serbia, there must be a relevant connection of the marital union or one of the spouses to Serbia. Usually, the process is conducted in Serbia if one of the parties is a Serbian citizen, but in case of uncontested divorce, it is sufficient that one of the parties permanently resides in Serbia.
The process can also be initiated in case that the last couple’s joint residence was located in Serbia.
In Serbia, each spouse is entitled to adivorce, if the marital relations are seriously and permanently shaken, or if partners can no longer live together. In other words, in case of uncontested divorce, the Court will not dwell into the grounds for the divorce, but will award one if the parties agree on the divorce, and other relevant matters written below.
What is the difference between uncontested and contested divorce in Serbia?
These two types of divorce procedures vary depending on whether the spouses agree on the following three issues:
1) Initiation of the divorce procedure
Uncontested divorce is initiated by both parties with the joint application for the divorce. On the other hand, contested divorce is initiated by a lawsuit filed by one party. In case that the spouses do not possess marital assets, nor do they have joint underage children, they only need to file a joint application for the divorce in order to qualify for the uncontested divorce.
2) Child custody
Besides initiation itself, the main difference between these types of divorce procedures lies in the spousal agreement on the following two issues: child custody and division of marital property. If parties have joint underage children, they need to reach an agreement on who will have the custody of the child, the child support the other parent shall have to pay on a monthly basis and the visitation rights for the other parent.
Additionally, the spousal agreement concerning the child custody must be approved by the local Social Wellness center in the divorce proceedings.
3) Division of marital property
If spouses do not have joint underage children, in order to file for an uncontested divorce, the only matter that they should be able to reach an agreement on is the division of marital property.
Marital assets are the assets obtained during the duration of the marital union through work, whereas separate assets include all assets that a spouse attained before entering the marital union, as well as the inherited assets and presents notwithstanding the moment of their reception. In order to be able to file for uncontested divorce, the spouses should agree on the manner on which the joint property will be divided.
What does the procedure for uncontested divorce in Serbia look like?
The main advantage of the uncontested divorce procedure in Serbia is that the spouses have already agreed on all the important joint issues, thus making the procedure for divorce much simpler.
Upon submission of the joint application for the uncontested divorce, the next step is attending a court hearing, which is usually held few months after the filing. The process is usually finished with one court hearing, and the decision is rendered shortly afterwards. The next step is obtaining Hague Apostille stamp for the decision on divorce, so that the decision can be used abroad.
Do I have to be present in Serbia for the divorce proceedings?
In case of uncontested divorce, the parties usually do not have to be present at Court, if they have hired attorneys as their legal representatives. Therefore, it is possible to conduct divorce proceedings without coming to Serbia. If you wish to engage our legal services for this or other purposes, please contact us on our email office@kalicaninlaw.rs.
*This article has an informational purpose and it does not contitute a legal advise. For legal support please contact your lawyer or our law office on office@kalicaninlaw.rs or telephone number +381644340234.