How does divorce work?
If a marriage is to be dissolved, a divorce must be filed. Only the failure of the marriage counts; the reason for this has been irrelevant since 1976.
In Germany, a divorce can only be applied for by filing a divorce petition with the help of a lawyer. The lawyer submits the application to the competent family court after the separation year has ended.
The exact procedure for divorce depends on whether the divorce is amicable or contentious.
If the spouses agree on the consequences of the divorce, the marriage can be divorced inexpensively within the framework of an amicable dissolution of marriage. A contentious divorce is inevitably associated with higher divorce costs.
Where do I file for divorce?
Divorce cannot be filed at just any family court. If the two spouses live separately in the matrimonial home, the local family court of the place of residence has jurisdiction.
If both spouses live at different residences and have no children, the district of the defendant’s habitual residence is of relevance.
If the couple has any children, the family court of the children’s place of residence has jurisdiction, as the youth welfare office will be involved. If the jurisdiction cannot be clearly determined, then the Berlin-Schöneberg Local Court is responsible.
What papers are required?
In order to file for dissolution of marriage, the following documents are required:
- Marriage certificate: original or as an officially certified copy. In some cases, an extract from the family register is also sufficient.
- Birth certificate of the children: the original or certified copies.
- Divorce settlement agreement or prenuptial agreement: If available, evidence of mutual and individual agreements should be enclosed. Ideally, agreements on the consequences of divorce should already be drawn up before the divorce hearing.
- Power of attorney: This must be drawn up for the divorce lawyer so that he or she can legally represent you in court with full capacity to act.
- Forms for applying for pension rights adjustment
How soon can you get divorced?
In Germany, the spouses have to live separately for 12 months to prouve the end of the marital union. The year begins with the date on which the marital partnership was terminated.
So collect evidence that shows that the marriage has broken down and have your spouse confirm in writing that they have moved out of the shared marital home or that they have separated.
There is an exception if there is a serious reason for the divorce. The courts assume particular hardship in the case of domestic violence.
The duration of the divorce process depends on whether the divorce is contentious or amicable. In the case of a contentious divorce, the duration is usually over 6 months and can last years in the worst case. An amicable divorce can usually be finalised in 4 to 6 months.
Are you getting divorced?
Your divorce with Kutter Law
Divorce is always a very emotional affair for spouses and children. We will always be at your side and accompany you throughout the divorce proceedings.
We strive to process applications quickly and rely on personal and open correspondence with our clients.
We are also happy to assist both parties in the context of an amicable divorce. We will be happy to answer any questions you may have about the exact procedure and the costs involved in an initial consultation.
