Statistics from the Statistical Office of the Republic of Serbia indicate that almost every fourth marriage in the Republic of Serbia is divorced. Different views of the spouse on a common future, differences in character, fraud, problems associated with alcoholism – these are just some of the reasons that lead to a divorce.
If you or someone in your area is considering a divorce, we strongly advise you to think soberly without taking sudden decisions, and to talk to your spouse in order to try to give your marriage another chance.
However, if you have tried unsuccessfully before or if such a solution is impossible, it is important to know what are the ways of divorce and what each one entails.
Marriage can be divorced by mutual agreement and by lawsuit.
An divorce based on mutual agreement is certainly a far more painless and effective way of divorce than a divorce based on a lawsuit. If the spouses do not have common children or joint property, it is sufficient for them to file a motion for a divorce by mutual consent. If they have children and joint property, in addition to the proposal for a divorce, the spouses also file an agreement on the exercise of parental rights over their common children, as well as an agreement on the division of the joint property. When it comes to custody of the children, the spouses may jointly exercise parental rights, or they may agree that parental rights may be exercised by only one parent, while the other parent will see the children as agreed. Finally, this kind of divorce involves the completion of court proceedings at one or possibly two hearings.
DIVORCE AFTER A LAWSUIT
If such a spousal agreement is not possible, the only option is to file for divorce. The length of a divorce case in this case depends largely on whether the spouses have common children. If they do, such litigation can last up to 3,4 years. The competent Center for Social Work plays a very important role in the proceedings, which, after discussions with spouses (but also children, depending on the age of the children), gives an opinion which one of the parents deems appropriate for exercising parental rights over common children independently. When it comes to the joint property of the spouse, if the spouse filing for divorce also requires the division of marital property, such a question cannot be discussed in these proceedings, but the court will direct the parties to resolve the marital property-legal relations in a separate litigation.
However, none of the court’s decisions regarding child custody is invariable. A new lawsuit can always be filed to amend the court’s decision to exercise parental rights, the child’s vision model, and the alimony decision.
If you have identified your problem in this article or the problem of someone from your area, feel free to contact us by phone +381 64 48 42 844 or by email at [email protected].
Katarina S. Bozovic, attorney at law