Divorce in Montenegro: by mutual consent or through a lawsuit? What does the procedure look like?

The Legal Process: What the Divorce Procedure Looks Like in Court

Divorce is one of the most stressful life events, but sometimes it represents the only solution when life together becomes unsustainable. In Montenegro, there has been a noticeable increase in the number of divorces, especially during 2025, when 991 marriages were officially dissolved, the highest number so far (an average of more than two divorces per day).

Divorce procedure in Montenegro

Divorce in Montenegro is formally carried out through court proceedings before the territorially competent Basic Court. The Family Law recognizes two ways to divorce: divorce by mutual consent (when spouses agree to divorce and settle all important matters) and divorce through a lawsuit (a contentious procedure when there is no agreement). In both cases, the court renders a judgment dissolving the marriage, but the duration and complexity of the process significantly depend on whether the divorce is by mutual consent or initiated by one of the spouses through a lawsuit.

Divorce by mutual consent

Divorce by mutual consent is the simplest and fastest way to end a marriage. It is initiated by submitting a joint petition for divorce by mutual consent to the competent Basic Court. A key requirement is the complete agreement of the spouses regarding the divorce itself and all key matters arising from the marriage, primarily concerning children and property. This practically means that the spouses pre-arrange who the children will live with (that is, how they will continue to exercise parental rights), the amount of child support, how contact between the children and the non-custodial parent will be maintained, as well as how the jointly acquired marital property will be divided. That agreement must be signed by both parties.

Once the court receives a proper petition with accompanying documentation, a hearing is scheduled. The law provides that the hearing should be held within 15 days from the receipt of the petition, although in practice it may take several weeks longer due to court workload. In most cases, divorce by mutual consent is completed at the first hearing, where the court establishes the identity of the spouses, verifies whether the agreement regarding the children is in the best interest of the child (which is a legal standard), and, if everything is in order, renders a divorce judgment and confirms the parental agreement. The marriage is thereby officially dissolved once the appeal period expires (or immediately, if both parties waive the right to appeal).

Divorce by mutual consent is a much more efficient and peaceful procedure than divorce through a lawsuit. The spouses retain control over the outcome, creating solutions tailored to their family, rather than having the court decide for them. The procedure is mostly a formality when an agreement has already been reached.

Divorce by lawsuit

If there is no agreement between the spouses regarding the divorce or important matters, the only option is to initiate a divorce lawsuit. The procedure begins by filing a claim for divorce before the competent Basic Court. The claim may be filed by either spouse, and the law states that “a spouse may request a divorce if the marital relationship is seriously and permanently disturbed or if, for other reasons, the purpose of marriage cannot be achieved.” In other words, it is enough to show that the marital union has essentially stopped functioning. It is not necessary to prove the specific “fault” of a spouse for the divorce, since modern family law does not treat divorce as a criminal act, but as a breakdown due to a lasting disruption in the relationship.

The lawsuit must be drafted in proper form and include basic information (details about the spouses, date of marriage, description of marital circumstances and grounds for divorce). It is advisable that the lawsuit be prepared by a lawyer, as the court will not accept a disorderly or legally unfounded claim. Once the lawsuit is received, the court serves it to the defendant spouse and the litigation process begins.

Court proceedings for divorce by lawsuit usually involve one or more hearings. Often, the court first refers the parties to a mediation session—an informal hearing at which the spouses are invited to attempt reconciliation or reach an agreement. If reconciliation fails (which is often the case once a lawsuit has been filed), the procedure continues with the main hearing. During the proceedings, especially if the spouses have children, the Center for Social Work becomes involved. The court is obliged, before making decisions regarding custody or the exercise of parental rights, to obtain an opinion and expert report from the guardianship authority (which, in practice, is the Center for Social Work). Professionals from the Center conduct interviews with the parents (and often with the children), assess family circumstances, and prepare a report with recommendations on what is best for the child. The best interest of the child is the key principle, and the goal is that, whenever possible, the parents reach an agreement and establish cooperation regarding the children with the support of professionals. The Center does not “rule” on who is the better parent, but rather helps parents define how they will care for the children after the divorce, because conflict and lack of cooperation between parents harm children the most.

Once the court gathers the evidence (hears the spouses, any potential witnesses, examines the report from the Center for Social Work, etc.), it will issue a judgment declaring the marriage dissolved. In the same judgment, the court also decides on custody (granting one parent sole custody or confirming an agreement on joint custody), on the amount of child support (alimony), and on the visitation arrangement with the parent who will not live with the children. If the spouses have not submitted an agreement on the division of property, the court generally does not decide on property division within the divorce proceedings; the division of joint property may be resolved by agreement outside of court or in a separate procedure after the divorce.

The duration of the procedure depends on the complexity of the case. In ideal circumstances, where there is little dispute about children and property, the process may be completed within a few months. However, if relations are highly strained, communication is poor, and custody or property division is contested, the process may last over a year, or even longer in extreme cases. Every additional motion, expert evaluation (for example, if a psychological assessment of parenting ability is requested), or appeal against the judgment prolongs the final outcome.

The impact of divorce on children and the protection of children’s interests

An old saying goes: “When mom and dad argue, it’s the children who suffer the most.” And indeed, we believe that children are the most sensitive group in the divorce process, and divorce can leave deep consequences if not handled with care. Psychologists emphasize that children experience divorce emotionally, not rationally. They do not understand marital reasons and often spend days wondering if they are to blame or what they could do to “fix” the family. Feelings of guilt are common among children of divorced parents and can lead to low self-esteem, anxiety, and grief. Even very young children, who may not understand the concept of marriage, feel great insecurity when their parents separate, changes in routine and family structure are stressful for them regardless of age.

However, much depends on how parents behave during and after the divorce. The most important thing is that the child continues to feel stability, safety, and the love of both parents, even when they no longer live together. Children should be clearly told that the divorce is not their fault and that both parents will still be there as support.

Conclusion

Divorce is no longer a rare event or a taboo as it once was. Social changes have led people to more easily decide to end a dysfunctional marriage, and it becomes clear that marriage is no longer an existential necessity but an emotional and personal choice. When the relationship no longer fulfills the basic needs for security, closeness, respect, and support, partners are more willing to reconsider staying in the marriage.

It is important to note that the increase in the number of divorces is not necessarily a negative trend. In the past, many stayed in marriages due to social pressure, economic dependence, or fear of judgment. Today, partners more readily choose to separate when they realize that the relationship and love have been irreparably damaged, which can be positive in the sense that people are no longer spending their lives in toxic relationships.

Still, it is important to point out that problems arise when divorce is seen as the first solution, instead of the last option after trying to overcome difficulties.

Divorce is a complex test both legally and emotionally. Anyone who has gone through divorce knows that a court decision is not the end of the story, one must continue living with the decisions made.

Inform yourself about your rights, talk to your partner civilly if at all possible, and put the children first. Keep in mind that every divorce has its specificities—our blog provides a general overview, but every family is different. That’s why you shouldn’t hesitate to seek professional legal advice. An experienced lawyer can help you understand all the steps, avoid pitfalls, and protect both yourself and your children during this sensitive time.

Divorce is the end of one chapter, but also the beginning of a new one. With legal support and emotional strength, that new beginning can be an opportunity for a more peaceful and better quality of life for everyone involved. The most important thing is to go through the divorce process with dignity and responsibility, so that one day we can say we did everything we could to protect our family, even in its new, changed form.