There are urgent protective measures against domestic violence that are issued through expedited procedures—such as restraining orders, eviction of the perpetrator from the residence, allowing the victim to move into the residence, and other protective measures. Court and police actions must be carried out promptly in accordance with the law, and an attorney can assist in submitting requests and representation.
Family Law Attorney
Sensitivity and Importance of Family Law
Family law covers the most sensitive and personally significant relationships between family members. Therefore, it is of great importance that all legal procedures are handled carefully, professionally, and in the interest of protecting the rights and well-being of the Client and all other parties involved. Law Office Rako provides legal assistance in family law proceedings, representing clients before courts and other competent authorities.
Divorce and Parental Rights
Within divorce proceedings, the office provides support throughout the entire process—from:
- Legal consultation
- Drafting divorce agreements or filing divorce lawsuits
- Representation in mutual consent divorce proceedings or litigation
In addition, the attorney provides services in the field of:
- Parental rights
- Child custody
- Visitation rights
- Determining and collecting child support (alimony)
Property Division and Protection Against Domestic Violence
Expert assistance is provided in:
- Division of marital assets
- Drafting and reviewing prenuptial agreements
- Proceedings for protection against domestic violence
A family law attorney may also represent clients in:
- Support proceedings for adult children
- Support for a spouse or other family members
- Proceedings for changing or determining personal name
Focus on Sustainable Solutions
Experience and understanding of complex family dynamics allow all procedures to be conducted with the goal of achieving a long-term and sustainable resolution that respects the rights of children, parents, and other family members.
Frequently Asked Questions About Family Law
Below you can find answers to the most frequently asked questions regarding family law, family proceedings, and the application of the Family Law Act in Serbia.Marriage in Serbia can be dissolved either by mutual agreement or through a lawsuit. A mutual divorce is possible if the spouses agree on all essential matters—such as child custody, alimony, and property division—and it is initiated by submitting a petition for mutual divorce. If the spouses cannot reach an agreement, the marriage is dissolved through contested divorce proceedings, initiated by filing a divorce lawsuit. In divorce cases, it is recommended to engage a divorce attorney to protect your rights and interests, especially when there are joint children and/or shared property involved.
After a divorce, the former spouse may submit a request to change their last name, i.e., to revert to their maiden name (or previous surname). The deadline for initiating the name change process is 60 days from the date of divorce, which qualifies as a simplified procedure. After this period, the name change must be carried out through the regular administrative procedure, which is significantly longer and requires more documentation.
Regardless of whether the divorce is by mutual agreement or through a lawsuit, the court makes a custody decision based on the best interests of the child, guided by the opinion of the competent social welfare center. Custody can be joint or sole, and when deciding, the social welfare center and the court first assess where the child will have more stable conditions for living and development.
Children have the right to receive alimony, and in certain cases, a former spouse may also be entitled to support. The amount is determined based on the needs of the child and the financial capacity of the parent obligated to pay alimony.
Property acquired during the marriage is considered joint marital property, to which both spouses have contributed. The division can be carried out by mutual agreement or through court proceedings, including an assessment of the value and contributions of both spouses.
If the parent obligated to pay alimony fails to do so, it is possible to file a criminal complaint for non-payment of alimony or initiate enforcement proceedings. A family law attorney can assist in starting enforcement actions or filing criminal charges, which usually occur in cases of persistent and continuous non-payment.
According to Serbian law, a prenuptial agreement can be concluded. The agreement is legally valid if it is made in the form of a notarized deed. Through it, spouses can regulate property relations in advance during the marriage and after divorce, and the prenuptial agreement serves to reduce the possibility of disputes between spouses both during the marriage and in the event of divorce.
The change of a personal name, whether first name, last name, or both, is possible by submitting a request to the competent municipal authority. The most common reasons for changing a personal name are divorce, violation of the right to personal identity, or the desire for change due to personal reasons. Law Office Rako provides legal assistance in the process of changing a personal name, including counseling, document preparation, and representation before the competent institutions.
Law Office Rako provides legal assistance and representation in all family proceedings—from divorce, custody, and alimony to property division and protection against domestic violence. At every step, a family law attorney offers expert and reliable support, with an individual approach and protection of your rights and interests, whether in court disputes or amicable resolution of family matters.