Divorce proceedings
How agreed and contested divorce proceedings work, and which court has jurisdiction.
Course of proceedings
Divorce proceedings follow one of two separate branches, depending on whether the spouses agree. In an agreed divorce, both spouses jointly file a petition with the basic court, together with two mandatory written agreements - on the exercise of parental rights (if there are minor children) and on the division of joint property, or a statement that none exists. The proceedings are simplified: there is no reconciliation phase, since agreement has already been reached, and the court is mainly concerned with checking that the agreement on the children is in the best interests of the child. Once the court confirms that assessment, the agreements are incorporated into the operative part of the judgment, and the proceedings are, as a rule, concluded at a single hearing.
In a divorce by claim, one or both spouses initiate the dispute before the basic court. After service of the claim and the defendant's response, the court first attempts reconciliation to possibly preserve the marriage, and if that fails, moves to a settlement on the exercise of parental rights and the division of property. Only if the settlement also fails to produce an agreement does the case proceed to the main hearing and the evidentiary proceedings, in which the court may investigate, ex officio, facts important to protecting the child's interests. Marital disputes are treated as urgent, the public is excluded, and the case file is treated as an official secret. Regardless of which branch was followed, the judgment must include a decision on the exercise of parental rights and on child support for minor children.
The judgment becomes final once the deadline for appeal has passed, if no appeal is filed; if one is filed, the appellate court decides on it, and in marital disputes the second-instance court, as a rule, decides within 30 days.
Jurisdiction
For divorce, regardless of whether it is agreed or by claim, subject-matter jurisdiction lies with the basic court, while appeals are decided by the appellate court. Territorial jurisdiction is alternative: the petition or claim can be filed with the court of general territorial jurisdiction (by the defendant's residence or domicile) or with the court in whose territory the spouses had their last joint residence, at the petitioner's choice.
Sources
- Family Act (Porodični zakon, Official Gazette RS Nos. 18/2005, 72/2011 - other law, 6/2015 and 109/2025 - other law), Arts. 40 and 202
- Civil Procedure Act (Zakon o parničnom postupku), Arts. 48 and 367
- Law on Court Fees (Zakon o sudskim taksama, Official Gazette RS Nos. 28/94 ... 91/2025), Art. 27 para. 1 item 8, Tariff Nos. 1 and 2
- Tariff on Attorneys' Fees and Costs, tabular overview applied from 5 July 2025
What to do
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1
Petition for an agreed divorce (branch A - the spouses agree)
Filed with the basic court (osnovni sud), together with the mandatory written agreements on the exercise of parental rights and on the division of joint property (Art. 40 of the Family Act, Porodični zakon). If either agreement is missing, the court returns the petition for completion.
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2
Hearing for the agreed divorce
Deadline: As a rule, a single hearing, with no reconciliation phase, since the parties have already agreed
The court checks that the agreement on the exercise of parental rights is in the best interests of the child. If it is, the agreements are incorporated into the operative part of the judgment.
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3
Judgment on the agreed divorce
Becomes final once the deadline for appeal has passed, if no appeal is filed.
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4
Claim for divorce (branch B - no agreement)
Filed by one or both spouses with the basic court. A power of attorney for a lawyer must be certified and limited to representation in the marital dispute.
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5
Service of the claim and the defendant's response
The defendant spouse gets the opportunity to respond to the allegations in the claim.
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6
Attempt at reconciliation and settlement
Deadline: If the spouses have minor children, the proceedings are urgent and the first hearing is held within 15 days of receipt of the claim (Family Act, Art. 204); without children the law sets no deadline for the first hearing
Reconciliation aims to preserve the marriage; if it fails, the proceedings move to a settlement on the exercise of parental rights and the division of property. If the settlement also fails, the proceedings move to the main hearing.
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7
Main hearing and evidentiary proceedings
The court may investigate, ex officio, facts relevant to protecting the child's interests. The public is excluded, and the case file is an official secret.
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8
Judgment on the claim
The judgment must include a decision on the exercise of parental rights and on child support, even if this was not expressly requested (Art. 226(1) and Art. 272(2) of the Family Act).
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9
Appeal
Deadline: 15 days from service of the judgment, under the general rule of the Civil Procedure Act (Zakon o parničnom postupku, Art. 367), which applies to marital disputes through Art. 202 of the Family Act
The appellate court (apelacioni sud) decides on the appeal; in marital disputes, the second-instance court, as a rule, decides within 30 days.
Required documents
- Marriage certificate (extract from the register of marriages)
- Birth certificates for minor children, if any
- ID cards of both spouses
- Written agreement on the exercise of parental rights - mandatory for an agreed divorce if there are minor children
- Written agreement on the division of joint property, or a statement that no joint property exists - mandatory for an agreed divorce
- Claim for divorce, with evidence relevant to the allegations of a disrupted marital relationship - for divorce by claim
- Power of attorney for a lawyer, if the party chooses representation - certified and limited to the marital dispute
Jurisdiction
For divorce, whether agreed or by claim, subject-matter jurisdiction in the first instance lies with the basic court (osnovni sud). Territorial jurisdiction lies with the court of general territorial jurisdiction (by the defendant's residence or domicile) or the court in whose territory the spouses had their last joint residence, at the petitioner's choice, under Art. 48 of the Civil Procedure Act (Zakon o parničnom postupku). Appeals against the judgment are decided by the competent appellate court.
What it costs
| Item | Amount | Basis |
|---|---|---|
| Court fee on the claim or petition for divorce | 3,600 RSD (2,800 RSD plus 4% of the statutory value of the dispute of 20,000 RSD set for marital disputes); the same fee applies to both the agreed and the contested divorce, and a fee of the same amount is paid for the judgment. | Law on Court Fees, Art. 27 para. 1 item 8, Tariff No. 1 (note 1) and Tariff No. 2, as amended in 2025 ('Sl. glasnik RS', no. 91/2025) |
| Lawyer's fee for drafting the petition/claim and representation at the hearing | Under the current tariff, 27,500 RSD for drafting the petition or claim (550 points at the point value of 50 RSD) and 32,500 RSD for each hearing held, with room to agree on a lower or higher fee within the limits the tariff allows. In a contested divorce, the fee increases with the number of hearings and the scope of the dispute. | Attorneys' Fee Schedule (Tarifa o nagradama i naknadama troškova za rad advokata) (Bar Association of Serbia) |
| Certification of the power of attorney and, at the parties' option, certification of the property-division agreement before a notary public | Depends on the value of the property being divided. The fee also depends on whether the agreement, given its content (e.g., if it covers real estate), requires notarial form. | Notarial tariff |
FAQ
How long does an agreed divorce take?
If the agreements are complete and the court assesses the agreement on the exercise of parental rights as being in the best interests of the child, the proceedings are often concluded at a single hearing. The total time to finality still depends on how busy the court is and how complete the documentation filed with the petition is.
How long does a divorce by claim take?
Where the spouses have minor children, the proceedings are urgent and the first hearing is held within 15 days of receipt of the claim (Family Act, Art. 204), but the total duration depends on the number of hearings, any expert evaluation, and possible appeals, so an exact timeframe cannot be set in advance.
Is reconciliation a mandatory phase in every divorce?
In a divorce by claim, the court first attempts reconciliation, then a settlement on the exercise of parental rights and property. In an agreed divorce, that phase is not carried out, since the spouses have already agreed on the divorce and its consequences.
Must the divorce judgment also resolve the issue of the children and child support?
Yes. Under Art. 226(1) and Art. 272(2) of the Family Act, the court is required, in the divorce judgment, to decide on the exercise of parental rights and on child support for minor children, even when the parties do not expressly request it.