Divorce petition: Background
In order to file for a divorce, a divorce petition is required. This is submitted to the responsible family court by a divorce lawyer. This requires some prerequisites, information and documents so that everything goes properly.
By the way: At a amicable divorce it is sufficient if a spouse hires a lawyer. A Online divorce in this case is a way to save time and money. The BRIGITTE cooperation partner is an example of various online providers Legalbird.
Divorce petition: Overview of important facts
- The divorce petition can at the earliest three to four months before the end of the separation year be submitted.
- The divorce petition must always submitted to the family court by a lawyer will.
- The Respondent must file for divorce agree in writingfor it to take effect.
- A divorce petition can withdrawn at any time will.
Divorce petition: Requirement
- According to paragraph 1566 BGB, the Spouse separated for at least one year lived before a divorce petition could be filed. This time period is necessary to determine whether the marriage has really failed and reconciliation can be excluded.
- In In exceptional cases, the divorce application can also be made immediately be accepted without observing a separation year. However, so-called Hardship reasons are available. This can be psychological or physical violence within the marriage, for example, so it would be unreasonable for a spouse to wait for the complete separation year.
Information for the lawyer
There a Divorce petition always filed in court by a lawyer the first step is to hire a lawyer and talk to them about the divorce plan.
How to find a divorce lawyer and what role it plays exactly can be found in a separate article.
In order for the lawyer to file for divorce, he needs a lot of information. These include the following issues:
- Personal information (names and addresses) of the spouses
- Last common address of the spouse
- Place and date of marriage including the number of the marriage certificate
In addition, a lot of Information regarding the proposed divorce needed. Of course, these differ depending on the individual situation:
- Who is applying for divorce?
- When was the separation year started?
- Information about children together, including planned regulations on custody, treatment and maintenance (if planned).
- Other spouse's consent to divorce
- Marriage contracts or divorce agreements (if any)
- Provisions for equalization of pensions, spousal support, marriage home and household items (if applicable)
- Spouse's net salary
- Spouse's liabilities with date of origin (if available)
- Property of the spouses upon marriage
In the case of online divorce, this data is conveniently requested from home using a form that is sent to the law firm via the Internet. This process also comes from the BRIGITTE cooperation partner, for example Legalbird for use.
Divorce petition: Documents
- marriage certificate
- Birth certificates of the minor children
- Marriage contracts (if any)
- Regulations regarding custody, pension compensation, maintenance etc. (if available)
- Official forms for pension equalization
- Power of attorney for the lawyer
- If you are planning to use legal aid, the form for the "Declaration on personal and economic circumstances"
Divorce process
- Appointment with the lawyer for an initial consultation (or online contact).
- Provide the lawyer with the necessary information and documents and instruct him to file the divorce application.
- The divorce lawyer compiles the divorce application and submits it to the responsible family court.
- Pay court costs (only then will the court start working)
- The court sets a date for the divorce and sends charges to the spouses.
- The divorce hearing takes place and the court decides to divorce.
- After a period of six weeks, the spouses receive the final divorce decree and are thus officially divorced.
Court in charge
- If the Partners still live within the marriage home (separate), the local family court is responsible.
- If you live separately and have children together, the family court is responsible in the district where the spouse lives with the children.
- If it there are no children and a partner is still in the district of the joint marriage apartment lives, the local family court is responsible.
- If both spouses in different places of residence live and have no children, the jurisdiction of the family court depends on the person who first filed for divorce.
- If one or both spouses now abroad live, the choice of law can be made until the end of the hearing. The right of common habitual or last habitual residence is conceivable.
Importance of the application for inheritance law
With the divorce you lose the legal inheritance right towards the partner. This legal consequence does not only occur with the decision of the divorce, but already with the delivery of the divorce application to the spouse.
According to paragraph 1933 this is Spouse law excludedif the inheritance Divorce requirements are met as soon as the testator applied for divorce or consented to it. Anyone who placed the spouse in a will should revoke the will after the separation for security.
Withdrawal of divorce application
The divorce petition no final seal divorce. If you change your mind, you can withdraw the application at any time.
There is only one for that simple explanation at the family court necessary. However, the applicant has to bear the procedural costs already incurred. Whoever withdraws a divorce can of course not prevent the other spouse from filing the divorce.
Do you want to file for divorce? You can also find detailed information on divorce costs and the process of a divorce on our website.
If you would like to share experiences of divorce with others, have a look at our BRIGITTE community.