Can a Marriage Concluded in the USA Be Divorced in a Serbian Court?
One common question that arises among Serbian citizens living abroad is whether a marriage concluded in the United States can be dissolved in a Serbian court. This question is particularly relevant for couples where one spouse resides in Serbia and the other in the USA. The answer to this question lies within the legal framework governing such matters in Serbia.
Legal Framework for Divorce in Serbia
The Family Law of the Republic of Serbia (“Official Gazette of RS”, No. 18/2005, 72/2011 – other law and 6/2015 – 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 and permanently disrupted or if the joint life of the spouses cannot be achieved, each spouse has the right to divorce. According to the Law, the divorce process is initiated by filing a lawsuit, and spouses have the right to divorce if they conclude a written agreement on divorce.
Jurisdiction of Courts
The Law on Civil Procedure (“Official Gazette of RS”, No. 72/2011, 49/2013 – decision US, 74/2013 – decision US, 55/2014, 87/2018, and 18/2020 – further: ZPP) prescribes the local jurisdiction of courts for conducting marital disputes. A divorce lawsuit is filed with the court of general local jurisdiction unless otherwise prescribed by law. The court of general local jurisdiction is determined based on the defendant’s residence or temporary residence if it is assumed they will stay there for an extended period. If the defendant resides abroad, the court of general local jurisdiction is the one where the defendant last resided in Serbia.
Recognition of Foreign Court Judgments
If a divorce is obtained in the United States, recognizing that foreign court judgment in Serbia requires initiating a recognition process at the competent Higher Court. The judgment must be certified with an Apostille and translated into Serbian. Once the recognition decision becomes final, it is submitted to the relevant civil registry for registration of the divorce.
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, the following steps must be taken:
- File a divorce lawsuit with the court of general local jurisdiction.
- Submit proof of the marriage concluded in the USA, including the original American marriage certificate (Marriage certificate) certified with an Apostille and translated into Serbian.
- If the marriage is already registered in the Serbian civil registry, provide an extract from the civil registry of marriages.
- The divorce judgment in Serbia must be translated into English and certified with an Apostille to be valid in the USA.
Reciprocity Between Serbia and the USA
There is reciprocity between Serbia and the USA regarding the recognition of divorce judgments. However, the procedure for recognizing a foreign court judgment in Serbia requires additional steps, including Apostille certification and legal translation of the documentation.
Conclusion
A marriage concluded in the USA can be dissolved before a Serbian court, provided certain procedural requirements are met. Stojković Attorneys (STATT) offers comprehensive legal support in the divorce process, whether conducted before a domestic court or involving the recognition of a foreign court judgment. Our expertise covers all necessary steps for a lawful and efficient divorce, including advising, filing lawsuits, translating, and certifying the required documents.
For more information and legal support regarding divorce, contact Stojković Attorneys (STATT).