I want a divorce
Steps for an uncontested or contested divorce and what to expect from the proceedings.
What to do
The first step is to assess whether you and your spouse agree on all the consequences of the divorce - who will exercise parental rights, what contact will look like between the child and the parent they do not live with, how much child support will be, and how joint property will be divided. If there is full agreement, an uncontested (agreed) divorce is available: both spouses jointly file a petition with the basic court, together with a mandatory written agreement on the exercise of parental rights (if there are minor children) and a written agreement on the division of joint property, or a statement that none exists. The court incorporates the property agreement into the judgment as it stands, but incorporates the agreement on the children only if it finds it is in the best interests of the child (Art. 225 of the Family Act) - if it is not, the petition is returned for completion or the proceedings continue as a contested matter.
If there is no agreement - whether over the decision to end the marriage itself, or over the children, child support, or property - the route is divorce by claim. The claim is filed by one or both spouses with the basic court of general territorial jurisdiction or with the court in whose territory the spouses had their last joint residence (Art. 48 of the Civil Procedure Act). The claim is not served on the defendant for a written response; it is delivered with the summons to the mediation hearing. The proceedings begin with an attempt at reconciliation, and if that fails, a settlement on the disputed issues (Arts. 229-246 of the Family Act); only if that too fails to produce an agreement does the court move to the evidentiary proceedings and issue a judgment. Regardless of whether it was expressly requested, the court's judgment must decide on the exercise of parental rights (Art. 226 of the Family Act) and, where the parents have no agreement that is in the best interests of the child, also on child support and on contact with the other parent (Art. 272(2)).
For a detailed description of the steps, hearings, and deadlines, see the page on divorce proceedings; for the court fee and an indication of the lawyer's fee, see the page on the cost of divorce.
When to contact a lawyer
For a fully uncontested agreed divorce with no minor children and no dispute over property, it is possible to handle the proceedings on your own. A lawyer becomes useful as soon as any dispute arises - over the exercise of parental rights, the model of contact with the child, the amount of child support, or the division of property - because these issues affect the content of the judgment and are difficult to change later without new proceedings. A lawyer is also useful when drafting an agreement that the court needs to assess as being in the best interests of the child, and in any proceeding by claim, where the other side has an authorized representative or a dispute over the facts is expected.
Sources
- Family Act (Porodični zakon, Sl. glasnik RS, no. 18/2005, 72/2011 - other law, 6/2015 and 109/2025 - other law), Arts. 40, 41, 204, 221, 225, 226, 229-246, 266 and 272
- Civil Procedure Act (Zakon o parničnom postupku, Sl. glasnik RS, no. 72/2011 ... 18/2020 and 10/2023 - other law), Arts. 48 and 101
- Law on Court Fees (Zakon o sudskim taksama, Sl. glasnik RS, no. 28/94 ... 91/2025)
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS, no. 43/2023 and 56/2025)
What to do
- Check whether you and your spouse agree on the divorce, on the exercise of parental rights, on child support, and on the division of joint property. If you agree on everything, an uncontested (agreed) divorce is available.
- For an uncontested divorce, prepare a written agreement on the exercise of parental rights (if you have minor children) and a written agreement on the division of joint property, or a statement that no joint property exists. Under Art. 40(2) of the Family Act, both agreements are a mandatory part of the divorce agreement; the court returns an incomplete petition for completion, or dismisses it if it was filed by an authorized representative (Art. 101 of the Civil Procedure Act, Zakon o parničnom postupku).
- The petition for an uncontested divorce and the claim for divorce are filed with the basic court (osnovni sud). Besides the court of general territorial jurisdiction, the court in whose territory you and your spouse had your last joint residence also has jurisdiction (Art. 48 of the Civil Procedure Act).
- If you do not agree on the divorce, or on the children and property, the divorce is sought by claim. The claim is not served on the defendant spouse for a written response; it is delivered with the summons to the mediation hearing (Art. 204(2) and Art. 231(2) of the Family Act). The court first attempts reconciliation, then a settlement on parental rights and property (Arts. 229-246), before moving to the evidentiary proceedings. Mediation is not conducted if one spouse does not consent to it, if a spouse's whereabouts are unknown, or if a spouse lives abroad (Art. 230).
- In both proceedings, the court must decide in its judgment on the exercise of parental rights, even when the parties do not expressly request it (Art. 226(1) of the Family Act). The parents' agreement is incorporated into the judgment only if the court finds it is in the best interests of the child (Art. 225(1)); where there is no such agreement, the court also decides on the amount of the child support contribution and on the child's contact with the other parent (Art. 272(2)).
- For a detailed account of the proceedings, the required documentation, and jurisdiction, see the page on divorce proceedings; for expected costs, see the page on the cost of divorce.
What it costs
The court fee is the same for both the agreed and the contested route, since only one fee is paid on the claim or petition for divorce. The number of hearings and the scope of any dispute over children and property have the greatest effect on the total cost. A detailed breakdown is on the How much does a divorce cost page.
Basis for the attorney fee: The first tariff item of the Law on Court Fees (Zakon o sudskim taksama) (fee on the claim or petition for divorce); the Attorneys' Fee Schedule (Tarifa o nagradama i naknadama troškova za rad advokata) for representation.
FAQ
What is the difference between an agreed and a contested divorce?
In an agreed (uncontested) divorce, both spouses agree that the marriage should end and file a joint petition with already-agreed arrangements on children and property; the proceedings are usually concluded at a single hearing. In a divorce by claim, one spouse initiates the dispute, and the court decides whether the conditions for divorce are met and, as needed, on the exercise of parental rights, child support, and division of property, which usually takes longer and requires more hearings.
Do I need a lawyer to get divorced?
Representation by a lawyer is not mandatory before the first-instance court - spouses can file the petition for an agreed divorce or the claim themselves. In an agreed divorce, both spouses cannot have the same authorized representative (Art. 221(3) of the Family Act). In practice, hiring a lawyer is useful when there is a dispute over children, property, or child support, or when a party is unfamiliar with the procedure itself.
What if my spouse doesn't agree to the divorce?
If the other spouse does not consent to the divorce or does not accept the proposed terms, the agreed route is not available and the divorce must be sought by claim. The court then examines whether the marital relationship has been seriously and permanently disrupted, or whether the shared life has objectively become unsustainable, within the meaning of Art. 41 of the Family Act.
Who decides who the children will live with after the divorce?
If the parents agree, the agreement on the exercise of parental rights is incorporated into the judgment, provided the court assesses it as an agreement in the best interests of the child (Art. 225(1) of the Family Act). If they do not agree, the court decides, guided by the best interests of the child and taking into account the opinion of a child who is able to form one (Arts. 266 and 272 of the Family Act).