In Germany, a marriage can be divorced if it has failed. The so-called principle of breakdown applies: If the spouses no longer live together as a community and restoration is not to be expected, the marriage is considered to have failed. The divorce can then be pronounced by a court decision.
Do you want to get divorced or would you like to receive advice beforehand regarding a possible divorce? Attorney Dr. Christina Schmidt is an expert in divorce law. She supports you discreetly, solution-oriented and assertively in your divorce proceedings.
- Amicable and Contested Divorce
- The Importance of Separation Period
- Filing for Divorce
- Divorce Proceedings
- Divorce Costs
1. Amicable and Contested Divorce
The most uncomplicated and cost-effective type of divorce is the amicable divorce. In this case, both spouses agree that they both want the divorce.
But even if only one of the spouses wants to go their own way while the other still wants to hold on to the marriage, a divorce is generally possible. In this case, we speak of a contested divorce.
Tip: In an amicable divorce, only the spouse who files the petition needs an attorney. The other partner only has to agree to the divorce petition. However, a prerequisite for an amicable divorce is that the spouses agree on important consequential matters such as custody and visitation rights, Maintenance etc. have already agreed and declare this in the divorce petition.
2. The Importance of Separation Period
In the run-up to a divorce, the so-called separation period plays an important role. It must be observed in both amicable and contested divorces. Separation is defined as when there is no longer a domestic partnership.
Info: If a couple separates without one of the spouses moving out, they must at least divide the apartment into separate areas.
After at least one year of separation between the spouses, if there is a mutual desire for divorce, the marriage is assumed to have failed. Then nothing stands in the way of the divorce.
If only one partner wants to get divorced, the couple must usually have lived separately for three years in order for the presumption of the marriage's failure to apply.
If the partners have been separated for less than one or three years, the failure of the marriage must be specially proven and determined by a judge. This applies to both amicable and contested divorces. Exceptions to the separation periods also exist in cases of hardship, for example when a violent partner poses a danger to the other.
3. Filing for Divorce
The divorce is filed at the Family Court, in whose district one of the spouses lives with the common minor children. For childless couples, the court jurisdiction is based on the last common place of residence, if one of the spouses still lives there. If both partners have moved away from the common place of residence, the court at the place of residence of the respondentrespondent is responsible. That is the spouse who is served with the divorce application of the other.
There is a requirement for an attorney and the divorce application can only be filed by a lawyer.
The petitioner must also pay an advance for court costs so that the court can formally serve the divorce petition to the other partner.
4. Divorce Proceedings
The family court now sets a divorce date at which both spouses are heard.
The judge then issues a divorce decree in which he determines the divorce. As a rule, a decision is also made at the same time on the so-called pension equalization co-decided. This involves the division of the pension entitlements acquired by both spouses during the marriage, in particular pension claims.
Important to know: If only one spouse has a lawyer, their ex-partner cannot file their own motions in court! Therefore, they cannot waive their right to appeal at the divorce hearing. Consequently, the divorce cannot become legally binding immediately. Rather, the divorce decree can still be challenged with a legal remedy of appeal for one month.
5. Divorce Costs
A divorce incurs attorney fees and court costs. The amount depends on the so-called object value (attorney) or dispute value (court). Both are calculated based on three times the net income of the spouses. The more the couple earns, the more expensive the divorce will be.
Unser Scheidungskostenrechner gibt Ihnen einen ersten Überblick:
Scheidungskosten-Rechner
Unverbindliche Orientierung: Dies ist nur eine grobe Schätzung. Die tatsächlichen Kosten können abweichen.
Costs can be saved with the amicable divorce already mentioned: Since only one attorney is sufficient for filing in this case, attorney fees are only charged once.
Attention: The attorney entrusted with the amicable divorce officially only represents the spouse who commissioned them! If the couple is not truly in complete agreement about the divorce and important consequential matters, it is better for each to hire their own divorce attorney who specifically represents their interests and provides them with comprehensive advice. truly in complete agreement, it is therefore better for each to hire their own divorce attorney who specifically represents their interests and provides them with comprehensive advice.
Those who do not have the financial means for a divorce often have good prospects of receiving legal aid. This must be applied for at the Family Court by means of a declaration about personal and financial circumstances. Dr. Christina Schmidt examines for you whether you are entitled to legal aid and assists you with the corresponding application.
Divorce attorney Dr. Christina Schmidt awaits you at her law office in Maximilianstrasse, in the heart of Munich's old town. She provides you with comprehensive advice on all questions concerning divorce and the so-called divorce consequences and files the divorce application for you. Nationwide, she also offers the so-called online divorce. Through in-depth expertise, many years of experience and a routine, swift handling of your case, she can achieve the quickest possible divorce for you. Online Divorce . Through in-depth expertise, many years of experience and a routine, swift handling of your case, she can achieve the quickest possible divorce for you.
