Divorce Lawyers in Montenegro

Divorce proceedings in Montenegro are completed before a basic court.  The procedure can be amicable if the spouses file a joint petition, or can imply litigation on the grounds of irreconcilable breakdown of the marriage.

Below, you can find out from our divorce lawyers in Montenegro the most important aspects of marriage termination. You can rely on us for representation during the procedure.

Grounds for marriage termination

All reasons for divorce accepted under the Montenegrin Family Law are grouped under the irreconcilable breakdown of the relationship. They can imply:

• one of the spouses leaving the family home;
• abuse;
• violence;
• adultery.

There is also the case where the spouses agree to end the marriage, a case in which they can submit a joint petition with the help of our Montenegrin lawyers.

The mutual divorce procedure in Montenegro

The amicable procedure represents one of the fastest ways to terminate a marriage in Montenegro. The procedure implies filing a petition with the basic court in one of the spouses’ residential cities. Before submitting it, the parties must agree on the following:

• the division of marital property;
• child custody and support (if the couple has children);
• alimony for the non-working spouse (if applicable).

The agreement must be submitted in writing. Our divorce lawyers in Montenegro can help you draw up all the documents for an amicable marriage termination. They will also represent you before the court, in case one or both of you cannot be present.

At-fault divorce in Montenegro

Divorce through litigation has several stages, which means the procedure will also take longer to complete. In this case, one of the parties will file the petition, following which the next steps will ensue:

• the judge will verify the petition and review the grounds for termination;
• the defendant will be informed about the decision to divorce;
• then, both parties will give testimonies during the hearing;
• the court will then issue a ruling, pronouncing the divorce.

You can rely on our law firm in Montenegro for representation in this type of divorce. In this case, you must grant us a power of attorney to use during the proceedings.

Particular aspects to consider in divorce in Montenegro

At-fault divorce is not always possible in Montenegro. Some of the situations where the parties must wait refer to:

• the husband who cannot divorce his pregnant wife;
• a marriage that cannot be dissolved if the couple has children below the age of one.

In such cases, the divorce can take place if the other spouse agrees to end the marriage.

Another particular aspect of marriage termination is that, no matter the type of procedure, the judge will first send the spouses to mediation before pronouncing the divorce. The mediator will be appointed by the court, and he or she must invite the parties to the first reconciliation meeting no later than 8 days from the hearing.

Our divorce lawyers in Montenegro can offer legal advice if you find yourself in one of these situations.

Divorce statistics in Montenegro

The Montenegrin Statistical Office has gathered the latest data on divorces in 2023 that indicate:

• there were 775 divorce proceedings;
• the number of divorces per 1,000 marriages was 223.1;
• the largest number of divorces,  355, was registered in Podgorica;
• at the opposite end were Savnik and Pluzine with no divorce;
• the average duration of a marriage before divorce was 13 years;
• 38.6 % of the divorces were registered among people married 1 to 9 years.

If you need representation in getting a divorce in Montenegro, do not hesitate to contact our lawyers.