According to the Family Law of the Republic of Serbia, marriage can be divorced on the basis of divorce or filing lawsuit, whereby in both cases the divorce is decided by the competent court.

Spouses have the right to divorce if they conclude a written divorce agreement, while in the event that the spouses are joint parents of minor children, or if they have a common property, a divorce agreement must also contain an agreement on the exercise of parental rights and an agreement on the sharing of common property.

On the other hand, if relations between spouses are seriously and permanently disturbed, or if the community of life can not objectively be realized, each spouse has the individual right to file divorce lawsuit to the competent court.

In both cases, and in the case of divorced divorce and divorce on the basis of the lawsuit, parties can be represented by lawyers based on a special certified power of attorney (the power of attorney is certified by a notary public), while the issue of parental rights over minors includes the guardianship authority social work) that ensures that the eventual parent agreement is in the best interests of the child, or on the basis of the conducted interview with the parents, gives his expert opinion and the recommendation to which parent to entrust the exercise of parental rights. Regarding the division of the joint property, represented by the property that the spouses acquired through work during the life of the community of married life, it is necessary in case of a dispute to determine the co-ownership or superciliary share of each spouse in the joint property.