Divorce lawyer: background
Even if over 50 percent of all marriages divorced divorce remains a social taboo. Whoever marries finally (hopefully) believes in eternal love and there are certainly nicer pursuits than finding out about the process of a divorce.
But at the latest when your marriage is really about to end, it is important to yourself Thoughts about the process of a divorce close. A key issue is the divorce lawyer, without whom a divorce in Germany is not legally feasible.
What tasks a divorce lawyer has to doYou can now find out what costs will come to you and how to find a trustworthy lawyer.
Do I need a lawyer?
In principle, law enforcement applies to all family courts under family law. Family courts deal with divorces, among other things. That means you can't even file your divorce with the court without a lawyer.
This is because emotional and objective reasons for a divorce clearly separated so that a judge can divorce on a good basis.
Is a common lawyer enough?
Especially with one amicable separation the process of divorce can be incredibly simplified. In this case, it is sufficient if only one party hires a divorce lawyer.
The lawyer can file for divorce in court and both parties can share the lawyer's costs. However, if the divorce is controversial and many issues are assessed differently, both parties should consult a lawyer. Otherwise, the person without legal assistance is unable to submit their own applications.
Divorce lawyer: job profile
If you need a divorce lawyer, you may be wondering what areas he can help you with. First of all, a lawyer is required to Provide comprehensive advice to clients. If he does not do this, he will be liable for damages. For this reason, every lawyer takes out professional liability insurance, without which there would not even be a license.
In addition, the divorce lawyer is obliged to maintain absolute confidentiality. Finally, you discuss extremely private topics with him.
In family law, the lawyer can take care of the following topics, for example, in the event of a divorce:
- Examination of the possibility of an out-of-court settlement
- Filing the application for divorce
- Application for the legal notice on the divorce decree
- Advice on maintenance claims or duties after the divorce
- Calculation of the maintenance claim
- Defense of the claims of the opposite side
- Advice and assertion of claims on property law, property equalization or pension equalization
- Assertion and review of claims regarding the common apartment or a house as well as the household goods
- Questions about custody after divorce
Divorce lawyer: costs
Hardly anyone knows the costs of a divorce. especially the Calculating the cost rates of law firms are often extremely non-transparent. A lawyer is not obliged to prepare a clear cost estimate and cost estimates in advance. As a result, it is up to you to inquire about the expenses in good time (see below).
Trusted lawyers or professional providers of online divorces always communicate the costs right from the start, so that there are no ambiguities. Our BRIGITTE cooperation partner is an example of various online providers Legalbird.
There are clear principles on which the costs are based. As already mentioned the cost of a divorce is reduced drastically. Cost savings of up to 30 percent are realistic, since the amicable divorce does not require disputed applications.
After the lawyer has submitted the divorce petition to the court, the latter creates one Advance payment calculation. At the same time, the divorce lawyer expects an advance payment for his work. An extra-judicial advice in advance in the form of a Initial interview can cost up to 250 euros. Many legal expenses insurers assume this (depending on the tariff). Fees may also apply to the following activities of the firm:
- Correspondence with the opposite party
- Settlement and settlement fees for spousal maintenance, profit sharing, etc.
Lawyers calculate the exact cost based on property values, while courts calculate procedural values. The legislator makes clear specifications regarding the fees, which the lawyers are obliged to settle strictly according to the fee schedule.
For a divorce, the procedural value is at least 3,000 euros, for the Pension compensation 1,000 euros and for Childhood items 3,000 euros. Marital housing matters be with 3,000 euros scheduled and Household items with 2,000 euros. For maintenance matters, the value is based on the annual amount of the monthly maintenance required.
Ultimately, those are really decisive Spouses' income and assets. In the case of divorce, the triple monthly net income of both parties is used as the basis.
If both earn 4,000 euros together, there is an object and procedural value of 12,000 euros, from which a Attorney's fee of 1,817 euros and court costs of 534 euros result (in a mutually acceptable divorce). You can find special process cost calculators on the Internet, where you can enter your individual amounts. You can get more information about divorce costs here.
Save money with an online divorce
- In an age when we do (almost) everything online, there is also in the case of a divorce by mutual consent, the opportunity to save time and money through an online divorce.
- If a divorce settlement agreement is settled out of court, all you need is a lawyer. This can be the usual application for an online divorce 30 percent procedural reduction divorce by mutual consent.
- For people with low income, the use of legal aid is recommended. However, the application is not straightforward. Many forms have to be submitted for this. There are a few providers who can help you apply for legal aid free of charge by making it quick and easy to fill out the application online. An example from various online providers is the BRIGITTE cooperation partner Legalbird. This enables you to easily fill out legal aid online with an assistant.
Divorce lawyer: How do I find a good lawyer?
- Reachability: The first step to getting in touch with a lawyer is usually by phone or email. You will get a first impression of the accessibility of a law firm. Are the office hours pleasant for you and will you be put through to the divorce lawyer quickly or does it take days until he calls back or writes? This contact gives you conclusions about how clients will be dealt with later.
- Free initial consultation: An initial consultation can cost up to 226 euros. For a first impression and a brief assessment, serious lawyers often offer a free initial consultation. Clarify in advance whether such a free call will be offered. This can help you find out whether you have found the right lawyer for you.
- Credentials: Anyone who enters the search term divorce lawyer on the Internet is literally overwhelmed by the large number of results. Also search specifically for customer opinions on a lawyer. If the advice is described as negative, you'd better go to another divorce lawyer. The service quality of advising clients can also be checked with seals, for example a TÜV certificate. So take a look around on the homepage of the corresponding law firm. You can also have a look around in your circle of friends and acquaintances, maybe you will already get suitable recommendations.
- Sympathy: Competence is an important criterion, but in a matter as private as a divorce, trusting cooperation is essential. In addition, competence is often much more difficult to check than sympathy. Watch closely how the lawyer talks to you on the phone or during the first consultation. Does he take enough time for all questions and can he clearly inform you about the further process? The open handling of costs should also play an important role.
You can also find everything about the process of a divorce, the topic of divorce and maintenance as well as the divorce agreement.