IZMEĐU TUŽBE I SPORAZUMA ZA RAZVOD BRAKA: PROCESNA NEDOUMICA ILI IZIGRAVANJE ZAKONA
BETWEEN DIVORCE COMPLAINT AND A REQUEST FOR AN AMICABLE DIVORCE: PROCEDURAL DOUBT OR CIRCUMVENTION OF THE LAW

Summary/Abstract: According to the family law of the Federation of Bosnia and Herzegovina divorce proceedings can be initiated by a divorce complaint or a request for an amicable divorce. However, the initial submission does not necessarily have to exist until the end of the procedure. Namely, the law acknowledges two specific procedural situations, which may be initiated by the autonomy of the will of spouses during the divorce. If one spouse withdraws the request for an amicable divorce, and the other stands by the request, the request will be regarded as a divorce complaint. On the other hand, if one spouse files a divorce complaint, and the other no later than closing the main hearing explicitly states that he/she does not dispute the grounds for the complaint, it will be considered that the spouses filed a request for an amicable divorce. This disposal with the submission results in changing the procedural character of the submission and results in a series of questions that dictate further actions of the court and are the central point of this paper.

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