When a marriage comes to an end, several legal pathways are available to finalize the divorce.

The fastest and most affordable option is an uncontested divorce.

Below are answers to the eight most common questions our clients ask regarding uncontested divorce.

When is an uncontested divorce possible?

As the name itself suggests, an uncontested divorce is possible whenever the spouses mutually agree to divorce and reach full consensus on all essential elements of the agreement.

This agreement does not need to include the reasons for the divorce. It is sufficient that the spouses clearly express their joint intention to end the marriage.

Does an uncontested divorce need to be notarized?

No. An uncontested divorce agreement does not need to be notarized.
The spouses’ signatures are sufficient.

A public notary is not authorized to conduct divorce proceedings nor to prepare the required divorce documents.

What must the spouses agree on?

The divorce agreement must include:

1. A written agreement on parental responsibility, if the spouses have minor children
2. A written agreement on the division of joint marital property, if such property exists

The agreement on parental responsibility may take one of two forms:

1. Joint exercise of parental responsibility
2. Sole exercise of parental responsibility

If the spouses opt for sole parental responsibility, the agreement must include:

1. Which parent is entrusted with the care of the child
2. The amount of child support to be paid by the other parent
3. The structure and schedule of visitation and maintenance of personal relations with the child

If no agreement can be reached on property division or parental responsibility, the divorce cannot proceed by agreement but only through a divorce lawsuit.

Uncontested divorce when spouses have no joint property or minor children

If the spouses have no joint property and no minor children, there is no need to prepare additional agreements.

In most cases, the spouses will not need to appear before the court; the divorce attorney can handle the entire procedure.

It is important to note that in a divorce initiated by a petition for uncontested divorce, both spouses cannot be represented by the same attorney.

Therefore, the most efficient approach is to hire a law firm with at least two attorneys, enabling the entire process to be completed in one place and minimizing costs.

Uncontested divorce when spouses have joint property and/or minor children

If the spouses acquired joint property during the marriage, they must reach an agreement on its division to avoid long and costly litigation.

If minor children are involved, they must agree on parental responsibility – either jointly or solely by one parent.
For sole parental responsibility, the agreement must determine: 

• custody, 
• child support, and 
• visitation.

The court will examine whether the proposed arrangement is in the best interest of the child. This may include conducting evidentiary proceedings.

The court will not interfere with the spouses’ agreement to divorce, but it will examine (in detail) the agreement concerning the children.

In practice, courts often approve parental agreements without extensive evidence if the agreement aligns with established standards and does not indicate a risk to the child’s welfare.

Do the spouses need to appear at the divorce hearing?

In most cases, court attendance is not required. The divorce attorney can complete the entire procedure.

However, both spouses must have separate legal representatives. One attorney cannot represent them both.

Each spouse must sign a special power of attorney for divorce, which is certified before a public notary. This document will be prepared by the attorney.

Can the divorce be completed if one or both spouses live abroad?

Yes. If one or both spouses live abroad but wish to finalize the divorce in Serbia, the special power of attorney must be certified before a public notary abroad or before a Serbian embassy or consulate.

What documents are required for an uncontested divorce?

Required documentation for an uncontested divorce includes:

• Marriage certificate
• Birth certificates for minor children, if any
• Copies of ID cards
• Information about the property to be divided, if applicable

How long does an uncontested divorce take?

If the spouses agree on the divorce and all essential elements, the court will typically hold only one hearing.


Uncontested divorce is, therefore, the fastest possible form of divorce.

In many cases, the entire procedure can be completed in less than two months.

What are the costs of an uncontested divorce?

In addition to attorney fees for drafting all documents and representing the spouses, court fees must be paid.

For an uncontested divorce, the total court fee is 20,000 RSD, typically split equally between the spouses unless otherwise agreed in the divorce settlement.

If you need an experienced divorce attorney, whether for a contested or uncontested divorce, you may contact us.

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