Application for divorce of a marriage

Legal advice and determination of the divorce petition

1. Choose a lawyer (if necessary, enquire at the Bar Associationor apply for legal aid)
2. Let yourself be advised by Iyour respective lawyer or Iyour lawyer for legal advice
3. Give the lawyer power of attorney (will be prepared by him/herprepared)
4. The lawyer sends you a draft of the divorce petition, which you confirm.which you must confirm must confirm
5. Now request Iyour your lawyeror the court requests anadvance on court costs and the advance for the lawyer's fee, if applicablethat you must transfer

In court

1. After receipt of paymentthe lawyer files the divorce petition with the competent family court. family courtsubmits.
2. The court sends your spouse the divorce petition and gives him or her the opportunity to,positionto comment.
3. As a rule, the court sends questionnaires to both to both spouses in order to determine thencome equalization, such as for example claims to pensions or other retirement benefits,to determine.
4. If the information on the pension entitlements is available,shall the court a date for the oral hearing hearing.
5. Your lawyer will represent you in the proceedings, an appearance of both spouses for eone personale hearing is required, however.
6. The family court shall issue the divorce decree if it is the conviction is, that the marriage has failed. In the context are also consequential matters such as pension equalization or custody of childrenregulated.
7. Ifboth spouses agree to the outcome and are represented by a lawyer represented by a lawyer, the divorce can divorce can become legally binding immediately if both parties waive their right to appeal and immediately. Otherwise becomes the divorce decrees one month after pronouncement legally binding.

The local court responsible for the main place of residence of one or both partners. You can find the family court responsible for your location and your matter at the local court in the local and court directory, which is maintained jointly by the federal government and the federal states.

• List of places and courts

The marriage has broken down if the spouses' cohabitation no longer exists and it cannot be expected that the spouses will re-establish it. This is irrefutably presumed if

• the spouses have been separated for one year and both spouses apply for divorce or the other spouse agrees to the divorce,
• the spouses have been separated for three years.

In addition, the court can divorce the marriage regardless of the duration of the separation if the continuation of the marriage would represent an unreasonable hardship for the applicant for reasons relating to the other spouse.

Exceptions are possible under certain circumstances.

• petition or divorce petition (from alawyer or alawyer to be submitted)
• Photo ID
• Marriage certificate in the original or as a certified copy
• Birth certificates of your minor children in the original or as a certified copy

Possibly required Iyour lawyer or Iyour lawyer may need further documents from you. I t is thereforetherefore comprehensive legal advice.

It fall court- and lawyer's fees in accordance with the statutory scale of fees. The amount of the amount of fees is determined by the value of the proceedings is determined by the court and is based on the income- and financial circumstances of the spouses.

• §§1564 ff. German Civil Code (BGB)
• § 133 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § Section 43 of the Act on Court Costs in Family Matters (FamGKG)

In the run-up to and as a prerequisite for a divorce, various matters must be settled and deadlines observed. It makes sense to seek advice from a lawyer.

If you do not have the necessary financial means for legal advice or a trial, it is advisable to apply for advice or legal aid from the competent district court.

• Counseling and legal aid

19.08.2019