Divorce is, in addition to the
death of a spouse and the annulment of a marriage, one of the three ways in
which a marriage can end. The so-called procedure, Divorce litigation, if there
are joint children of the spouses in the marriage, is considered urgent by the
law, which means that it should end faster than other litigation proceedings.
Unfortunately, due to the overcrowding of courts, the principle of urgency is
not always fully respected. Divorce lawyer.
There are two ways to get a
divorce. One, much easier and faster is a consensual divorce. In such a
procedure, the spouses conclude a draft agreement, which they submit to the
court, and these procedures, as a rule, end in one hearing. What is important
is to respect the form of such an agreement, ie. that the spouses reach an
agreement in it regarding the distribution of the joint property of the spouses
and the exercise of parental rights.
However, given the complexity of
family relationships and all the problems that divorce brings, concluding an
agreement is often not possible and the only remaining way is to file a
lawsuit. It is clear that in Serbian legal system there is no possibility that
your spouse “will not divorce” as we can often hear in foreign movies
and series. Simply, if the spouses do not agree on the text of the divorce
agreement, one of them can initiate a divorce lawsuit with a lawsuit and thus
obtain a judgment by which the marriage is divorced.
It is important to point out that
there are mechanisms to end divorce proceedings in cases where the residence /
stay of one spouse is unknown, when he / she is abroad or when for any other
reason he / she cannot or does not want to participate in the procedure.
Family law broadly defines
situations when one spouse has the right to sue, and that is the case when
marital relations are seriously and permanently disrupted and when the union of
life cannot be objectively realized. It is important to point out that the
community of life exists even if the spouses live separately for a long time
(eg because of work), but there is an emotional, economic or any other type of
connection between them from which it is concluded that these persons intend to
continue marital union.
In practice, it is not possible
for a court not to allow a single spouse to divorce because it has not proved
that family relations are seriously and permanently disrupted or that the union
of life cannot be objectively achieved. By the fact that one spouse is seeking
a divorce, it is clear that at least one of these conditions has been met.
A lawsuit or a proposal for a
divorce agreement is submitted to the competent court. During the divorce
proceedings, the court will examine the competent center for social work, which
will interview parents and children, about the opinion on which parent should
exercise parental rights, or during the proceedings, evidence will be presented
by an expert by a psychiatrist and / or a clinical psychologist who will give
his opinion on which parent should exercise parental rights.
Certainly, given that family law is a
particularly sensitive topic and that the most sensitive human rights are
usually decided in divorce lawsuits, it is necessary that such proceedings be
initiated and led by an expert, in which our team with many years of experience
and your protect rights in the best possible way.
