Can a Marriage Concluded in the USA Be Divorced in a Serbian Court?
A common question for Serbian citizens living abroad is whether a marriage concluded in the United States can be dissolved in a Serbian court. So, Can a Marriage Concluded in the USA Be Divorced in a Serbian Court? This issue is especially relevant when one spouse resides in Serbia and the other in the USA. The answer lies within Serbia’s legal framework.
Legal Framework for Divorce in Serbia
The Family Law of the Republic of Serbia (further: the Law) defines marriage as a legally regulated union between a woman and a man, intended for the joint life of the spouses. If marital relations are seriously disrupted, or if joint life becomes unachievable, either spouse may file for divorce. The Law allows spouses to initiate the divorce process by filing a lawsuit. If both spouses agree, they can also divorce by reaching a written agreement.
Jurisdiction of Courts
The Law on Civil Procedure (further: ZPP) defines the local jurisdiction of courts for marital disputes. The court of general local jurisdiction typically handles divorce lawsuits. This court is determined by the defendant’s residence or temporary residence, assuming they intend to stay there long-term. If the defendant lives abroad, the court of general local jurisdiction is the one where the defendant last resided in Serbia.
Recognition of Foreign Court Judgments
When a divorce is obtained in the United States, Serbia requires a recognition process for the foreign court judgment. To initiate this process, submit the judgment to the competent Higher Court. The judgment must be certified with an Apostille and translated into Serbian. After the court issues a final recognition decision, submit the divorce to the relevant civil registry for registration.
Procedure for Divorcing a Marriage Concluded in the USA Before a Serbian Court
To divorce a marriage concluded in the USA before a Serbian court, follow these steps:
File a divorce lawsuit with the court of general local jurisdiction.
Submit proof of the marriage, including the original American marriage certificate, certified with an Apostille and translated into Serbian.
If the marriage is already registered in Serbia, provide an extract from the Serbian civil registry.
Translate the Serbian divorce judgment into English and certify it with an Apostille for recognition in the USA.
Reciprocity Between Serbia and the USA
Serbia and the USA have a reciprocal agreement regarding the recognition of divorce judgments. However, the process of recognizing a foreign court judgment in Serbia requires Apostille certification and legal translation of the documents.
Conclusion
Serbia can dissolve a marriage concluded in the USA if certain procedural requirements are met. Stojković Attorneys (STATT) offers comprehensive legal support throughout the divorce process, whether conducted in Serbia or involving the recognition of a foreign court judgment. We guide you through every step for a lawful and efficient divorce, including filing lawsuits, translating documents, and certifying them.
For more information and legal support regarding divorce, contact Stojković Attorneys (STATT).