Do you need a divorce lawyer?

Divorce is an unpleasant and stressful situation that leaves consequences on spouses who have chosen to end their marital union. Divorce psychologists claim that it is the second most stressful situation that can happen to you during your life. It is estimated that in Serbia, out of 36,000 marriages a year, as many as 9,000 end in divorce, which is one quarter of the total number. In the domestic judicial system, there are two options when it comes to divorce, and those are amicable divorce and divorce lawsuit.

Will you need it divorce lawyer it will depend on which option you choose. The presence of a lawyer is always recommended, even when it comes to consensual divorce, because spouses are usually not legally educated enough to know their rights and possibilities.

Consensual divorce

When spouses jointly realize that their marriage is not successful and that constant quarrels and quarrels disrupt the quality of life together, they generally decide to divorce by mutual consent. Consensual divorce implies that the spouses have agreed on all relevant issues related to the divorce, such as the following:

  • Decision on entrusting a child – Custody of a child
  • Amount of child support contribution – Alimony
  • The way of maintaining the child’s personal relationship with a parent with whom he does not live
  • Division of joint property

If the spouses reach a compromise on all the above issues, it is submitted in writing to the Court in one of the municipalities where the spouses live.

Agreed divorce is a simpler, cheaper and faster way to divorce. It is a shade less stressful than a divorce on a lawsuit and does not further disrupt interpersonal relationships between soon-to-be ex-spouses.

Does an amicable divorce require a lawyer?

The law does not require the engagement of a lawyer for a consensual divorce, although in practice this often proves to be a wise idea. Namely, the agreement, as we have said, is submitted in writing. That form, that is, the form for an amicable divorce, needs to be made.

Spouses can try to make a written agreement on their own, because there are numerous templates they can use. Spouses generally have no experience in drafting such acts, and how could they not there was a complication, if they have any doubts and disagreements, it would be desirable to contact a lawyer at least for consultations, if not for attending the hearing.

If the spouses decide not to appear at the hearing, but to be represented by authorized lawyers, they must hire two lawyers.

Divorce lawsuit

Divorce by lawsuit is a more arduous, longer and financially expensive process of divorce. According to the lawsuit, a marriage is divorced when the spouses cannot reach a compromise on important issues of divorce, or when the desire for divorce is one-sided.

If the relations between the spouses are so disturbed that it is impossible to reach an agreement, if the partners cannot agree on the exercise of parental rights, the amount of child support or the division of joint property, a lawsuit for divorce is inevitable.

If a married couple has a minor child (or children), the procedure of division of property can be conducted as a separate court process, because it often takes much longer than the divorce itself. In this way, decisions about entrusting children are made faster and their rights are protected.

Do you need a lawyer to file for divorce?

Divorce the lawsuit is a long and stressful process that in some cases can take years. A lawsuit for divorce can be filed by one of the spouses or his or her lawyer. If the spouses do not want to physically appear at the hearings, their presence is not necessary. They can be replaced by a lawyer who is authorized by a power of attorney certified by a notary.

If possible, it would be desirable for the quarreling parties to try to reach an agreement in consultation with the lawyers and still opt for an amicable divorce. A consensual divorce is incomparably shorter and “painless”, which is especially important if you have offspring, because of which you should cooperate with your ex-spouse.

The court certainly has conciliation and settlement procedures during the divorce on the lawsuit. Only if the realization of conciliation and settlement (which aims at an amicable divorce) is not possible, divorce is approached by lawsuit.

You will need the services of a lawyer for this process. The skills and experience of a good lawyer are invaluable during painful and long-lasting lawsuits. An experienced and capable lawyer will know how to achieve the best possible outcome of the divorce for the party he represents.


Source: Portal o ekonomiji by www.economy.rs.

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