It is common knowledge that divorces are far more common today than they used to be, so it is crucial to have a good lawyer by your side who will protect your interests during the divorce, bearing in mind that divorce does not only mean the formal separation of spouses whose emotional relationships are deeply disturbed, but on the same occasion a decision must be made about the property of the spouses, as well as the most important aspect, the education and support of the children.
When it is clear that two spouses are no longer able to live together, whether due to cheating, alcoholism, gambling, violence, a difficult financial situation, or simply due to the fact that there are no more emotions between them, mitigating circumstances are if the spouses in the marriage have not acquired joint property, which would have to be divided upon divorce, nor do they have children. These circumstances make the divorce itself somewhat simpler.
However, regardless of whether the spouses have joint property and children from the marriage or not, the easiest way to solve this problem is a Consensual divorce, in which the spouses themselves emphasize that their relationship is deeply and permanently disturbed, and they agree on the way in which they will divide their property, and what is more important, to whom the child will be entrusted, in what way the child will see and maintain relations with the other parent, and the amount of support to be paid for the child.
The advantage of such a consensual solution is the fact that the procedure takes less time and is more favorable from a financial point of view (the court fee for the Proposal for Amicable Divorce is only 2,660.00 RSD), and at the same time it contributes to the fact that the spouses remain in relatively good relations, which is extremely important when spouses have children. At the same time, the presence of the spouse is not necessary in court, but they can, through a special power of attorney, authorize a lawyer who will represent them before the court.
On the other hand, if one spouse wants a divorce and the other does not, and if both want a divorce but are unable to agree on all the important issues listed above, a divorce lawsuit is filed, which entails certain difficulties and implies a longer duration of the procedure than with the Consensual Divorce. Considering the above, we are of the opinion that situations involving the entire family and complicated emotional relationships should always be resolved by reaching an agreement, if there is even the slightest chance of an agreement. For the same reason that the Consensual Divorce requires the least amount of money and time, and even though the divorce in itself implies certain stress, with the Consensual Divorce that stress is for both parties, as well as for the children themselves, at a much lower level than when the proceedings are conducted according to a lawsuit.
