Mutual Divorce: Everything You Need to Know
What is Mutual Divorce?
Mutual divorce is the quickest, most affordable, and least painful way to end a marriage. When spouses jointly decide to divorce and agree on all key issues, such as child custody, division of property, and the amount of alimony, they can initiate a mutual divorce process. Compared to a contested divorce, this method is far less stressful and financially draining.
Advantages of Mutual Divorce
If the breakdown of your marriage is inevitable, we recommend that you make an effort to reach an agreement with your spouse. Mutual divorce allows for a faster and simpler dissolution of the marriage without unnecessary conflicts. By reaching an agreement, you avoid lengthy court processes and protect the emotional well-being of your children.
What Does the Mutual Divorce Procedure Look Like?
The mutual divorce procedure is simpler and more efficient compared to a contested divorce. The mutual divorce petition is submitted to the basic court in the area where the spouses last had a joint residence. The petition must be accompanied by a marriage certificate and birth certificates for all joint children.
Do You Need a Lawyer for a Mutual Divorce?
Although spouses can draft the divorce agreement themselves, hiring a divorce lawyer can be a crucial decision. The right advice at the right time can prevent mistakes that could later have serious consequences. Additionally, if you do not wish to attend the court hearing, a lawyer can represent your interests.
How Much Does a Mutual Divorce Cost?
The cost of a mutual divorce varies, but generally, the initial fee is 2,660 RSD. The same amount is paid after the divorce decree is issued. The costs of hiring a lawyer depend on the complexity of the case, and our lawyers offer flexible pricing in accordance with the attorney tariff and client agreement.
How Long Does a Mutual Divorce Take?
One of the biggest advantages of mutual divorce is the speed of the process. The court schedules a hearing within 15 days of filing the petition. If there are no disagreements, the marriage is dissolved at the first hearing, making this process much faster than a contested divorce.
Mutual Divorce with Minor Children
A mutual divorce includes an agreement on child custody. Parental rights can be joint or sole, and the court assesses whether the agreement is in the best interest of the child. If the spouses cannot agree, the court may make a decision that is not in line with their agreement.
Mutual Divorce with Adult Children
Unlike minor children, the court does not consider parental rights agreements for adult children. However, parents are obligated to support the child as long as they are in regular education or if they are unable to work.
How Is Property Divided During a Mutual Divorce?
The division of joint property is often the most sensitive topic in a mutual divorce. Property acquired during the marriage is divided equally unless there is a different agreement. If an agreement cannot be reached, a separate civil procedure may be required to determine the ownership of the property acquired during the marriage.
What If a Mutual Agreement Cannot Be Reached?
If the spouses cannot reach an agreement on all key issues, such as parental rights, child support, and division of property, they will not be able to divorce by mutual consent. In such cases, the only remaining option is to divorce through a lawsuit, for which hiring a lawyer is necessary.
Conclusion
Mutual divorce is the most efficient and least painful way to end a marriage. Our specialized divorce lawyers will help you navigate this process as smoothly as possible, ensuring maximum protection of your rights and interests. For a complete guide on Serbian family law, visit https://statt.rs/legal-guide-to-family-law-in-serbia/.
For more information and advice, contact Stojković Attorneys – the leading law firm for family law in Serbia.