Can I get a divorce without a lawyer?
January 25, 2022 | 30,00 EUR | answered by Johann König
Dear lawyer,
My name is Erika Höfer and I am facing the difficult decision of whether to file for divorce. My husband and I have drifted apart in recent years and have come to the conclusion that a separation is inevitable. We do not have any children or significant assets that would need to be considered in the divorce.
Now I am wondering if it is possible to go through the divorce process without a lawyer. I am concerned that the costs of hiring a lawyer could be too high and am wondering if there is a more cost-effective solution.
I am aware that divorce is a complex legal procedure and I want to ensure that all steps are carried out correctly. Are there alternative ways to file for divorce without a lawyer? What are the risks and benefits of such an approach? What legal steps would I need to take myself and what support could I seek?
I would greatly appreciate your assessment and recommendations on this matter. Thank you in advance for your help.
Sincerely,
Erika Höfer
Dear Mrs. Höfer,
Thank you for your inquiry regarding the possibility of getting a divorce without a lawyer. It is understandable that you are concerned about the costs and are looking for more affordable alternatives. In Germany, it is generally possible to go through a mutual divorce without a lawyer, but there are some important points to consider.
First and foremost, it is important to know that a divorce is a legal process that requires certain legal steps to be followed. Even if you and your husband agree and there are no children or significant assets to consider, some formal requirements still need to be met.
A divorce without a lawyer in Germany is only possible if both spouses agree and there are no points of contention. You must jointly submit a divorce application to the family court and provide all relevant information and documents. It is advisable to inform yourself in advance about the exact requirements and procedures to avoid mistakes.
The advantages of a mutual divorce without a lawyer are mainly in the lower costs. You save on the attorney fees that would arise in a normal divorce. Furthermore, a mutual divorce can usually be processed more quickly and easily.
However, there are also risks in a divorce without legal advice. Without professional support, important legal aspects may be overlooked, which could have long-term consequences. Therefore, it is advisable to at least seek legal advice to ensure that all legal requirements are met.
If you decide to go through with a divorce without a lawyer, you will need to submit the divorce application yourself to the family court and provide all necessary documents. It is recommended to inform yourself in advance about the exact formulations and deadlines to avoid mistakes.
Overall, it is important to thoroughly inform yourself before getting a divorce and to seek professional support if necessary. A mutual divorce without a lawyer is possible in principle, but there are risks that need to be considered.
I hope this information helps you with your decision. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Johann König, Lawyer
