When can I file for divorce?
The law states that a marriage can be divorced if it fails. But what does that mean anyway?
The failure of the marriage is justified based on the so-called principle of disruption. According to this, a wedding is considered to have failed if the spouses cease to exist, and it cannot be assumed that they can be restored.
The reason for the separation is irrelevant. To prove the failure, a separation year is used as a benchmark. The separation year begins when one of the spouses moves out of the shared apartment, or at least both of them no longer have an everyday lifestyle. One also speaks of the “separation of table and bed.”
It is not an amicable divorce. The judge must believe that the marriage has failed even after the year of separation. However, if the spouses already live three years apart, this requirement does not apply, and the failure of the marriage is suspected, even if a partner opposes the divorce.
If exceptional cases of hardship, such as psychological or physical violence in marriage, then the divorce can occur without a year of separation as a so-called flash divorce.
Where can I file a divorce?
Divorces are filed with family courts. However, as a spouse, you are not entitled to file your divorce yourself on-site. Only lawyers are authorized to submit applications to family courts. A lawyer must, therefore, represent the partner wishing to file for divorce.
To do this, you give a divorce lawyer of your choice the mandate to compile the divorce application. In combination with a copy of the marriage certificate and, if necessary, submit ordinary children’s birth certificates to the court. The family register’s original must then be presented at the hearing in court together with the identity card. Compiling the divorce application is also possible online. You can find further information and make sense in individual cases in the article on online divorce.
Submitting a divorce: What documents do I need?
- Personal information of the spouse
- Place and date of marriage
- Number the marriage certificate
- Information on the year of separation
- Who applies for divorce
- Information on children
- Copy of the marriage certificate and, if applicable, the birth certificates of the children.
- Spouse’s consent to the divorce
- Net earnings of both spouses  List of debts
- Spouse’s assets at the time of marriage
Which court is processing the divorce?
Family courts process divorces. Which family court is responsible for your divorce depends on whether the spouses still live together and have children together.
- If both partners still live in shared accommodation, the local family court is responsible for the divorce.
- If both spouses live in separate apartments and have no children, then the family court in the district of the partner who filed for the divorce is responsible.
- If the partners live in separate apartments and have children together, then the family court at the children’s residence is responsible.
Who has to file for a divorce?
In the case of a consensual divorce, it is sufficient if a spouse divorces one Submits a lawyer. If the spouse opts for an online divorce and wants to share the lawyer’s costs, it is an uncomplicated and relatively inexpensive divorce. You will find many providers who specialize in online divorce on the Internet, including our BRIGITTE cooperation partner Legalbird.
The divorce is, of course, submitted to the spouse who decided to divorce. However, suppose it is not a mutually acceptable divorce, and there are still many controversial issues regarding pension compensation, maintenance, and Co. In that case, both spouses should, in each case, hire a lawyer in order not to be disadvantaged.
Filing for divorce: What If the court has processed the divorce petition, the defendant will also be sent the petition. In the event of a divorce that is not mutually agreed upon, he will be informed of the divorce at the latest at this point.
Besides, both spouses will receive questionnaires regarding pension adjustment. It is about the compensation of the pension rights acquired during the marriage. For marriages with more than three years, it is an integral part of the divorce. For shorter weddings, an application must be made. Compensation can also be excluded from the marriage contract. Besides, there is now up to two weeks before the trial date the opportunity to file applications for subsequent divorce cases, including maintenance.
What happens after the divorce is filed?
- Each divorce procedure is fundamentally individual. Therefore, it is not possible to say in general how quickly a process 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, the court costs have to be paid since the courts only start their work after payment. When all the documents have been processed, a court date is scheduled for which the spouses receive charges.
- The court issues the divorce decree on this date. The divorce is final after six weeks.
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.