Filing for divorce: how does it work?

When can I file for divorce?

The law states that a Marriage can be divorced if it fails is. But what does that mean anyway?

The failure of marriage is based on the so-called Principle of disruption justified. According to this, a marriage is considered to have failed if the spouses cease to exist and it cannot be assumed that this can be restored.

Here he plays Reason for living apart not matter. To prove the failure is a Separation year as a benchmark used. The separation year begins when one of the spouses moves out of the shared apartment or at least both of them no longer have a common lifestyle. One also speaks of the "Separation of table and bed".

Should it be not a consensual divorce act, the judge must be credibly shown the failure of the marriage even after the separation year. However, if the spouse already three years apart live, this requirement does not apply and the failure of the marriage is suspected, even if a partner opposes the divorce.

If special cases of hardship if there is psychological or physical violence in the marriage, for example, the divorce can take the form of a so-called flash divorce even without a separation year.

Where can I file for divorce?

Divorces are filed with family courts. However, as a spouse, you are not entitled to simply file your divorce yourself on site. Only lawyers are authorizedto submit applications to family courts. The partner wishing to file for a divorce must therefore be represented by a lawyer.

To do this, you give a divorce lawyer of your choice the mandate Compile divorce petition and to be submitted to the court in combination with a copy of the marriage certificate and, if applicable, birth certificates of joint children. The original of the family register must then be presented to the court at the hearing, together with the identity card. Compiling the divorce application is also possible online. You can find more information and whether this makes sense in individual cases in the article on online divorce.

Filing for divorce: What documents do I need?

  • Personal information of the spouse
  • Place and date of marriage
  • Marriage certificate number
  • Information about the year of separation
  • Who is applying for divorce
  • Information about children
  • Copy of the marriage certificate and, if applicable, the children's birth certificates
  • Spouse's consent to divorce
  • Net earnings of both spouses
  • Debt collection
  • Assets of the spouse at the time of the marriage

At which court is the divorce processed?

Divorces are processed in family courts. Which family court is responsible for your divorce depends on whether the spouses still live together and whether there are children together.

  • If both partners still live in a shared accommodation, that's it local family court responsible for divorce.
  • If both spouses live in separate apartments and have no children, then that is Family court in the partner's district responsible for filing for divorce.
  • If the partners live in separate apartments and have children together, that's it Family court at the place of residence of the children responsible.

Who has to file for divorce?

In the case of a consensual divorce, it is sufficient if a spouse files the divorce through a lawyer. If the spouse opt for an online divorce and also want to share the costs for the lawyer, then it is an uncomplicated and relatively inexpensive divorce. On the Internet you will find many providers specializing in online divorce, including our BRIGITTE cooperation partner Legalbird.

The divorce is of course submitted to the spouse who has decided to divorce. However, if it is not a mutually acceptable divorce and there are still many controversial issues regarding pension compensation, maintenance and the like, then both spouses should always hire a lawyer in order not to be disadvantaged.

Filing for divorce: what about maintenance and Co.?

When the court has processed the divorce petition, the respondent will also receive the petition. In the event of a divorce that is not mutually acceptable, he will be informed of the divorce filed by this time at the latest.

In addition, both spouses receive Questionnaires regarding pension equalization. It is about the compensation of the pension rights acquired during the marriage. In marriages with one It is an integral part for a period of over three years divorce, for shorter marriages an application must be made. Compensation can also be excluded in the marriage contract. In addition, there is now a chance up to two weeks before the trial date to Applications for divorce cases, including maintenance, to submit.

What happens after the divorce is filed?

  • Every divorce procedure is fundamentally individual. It is therefore not possible to say in general how quickly a procedure can be completed after the application for divorce. This is also due to the responsible family court and its workload.
  • After the divorce lawyer has submitted the divorce petition to the family court, it applies Settle court costs, because the courts only start work after payment. When all documents have been processed, a court hearing is scheduled, at which the spouses Charges receive.
  • At this appointment the Divorce decree by the court. The divorce is final after a six-week period.

You can find more detailed information on divorce costs here. We will also show you what there is to consider in the divorce settlement agreement.