How does a divorce proceed and what are the steps involved?
March 2, 2024 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
my name is Erika Hoffmann and I am facing the difficult decision of getting a divorce from my husband. We have been married for 10 years and have two children, aged 6 and 8. In recent years, our relationship has deteriorated significantly and we are constantly arguing. I am certain that a divorce is the right step for us, but I have no experience with the divorce process and I am therefore very unsure about how to proceed.
My husband and I have already discussed an amicable divorce, but we have not yet reached an agreement on the division of assets and custody of the children. I am concerned that the divorce process could be complicated and lengthy, and that our children could suffer as a result. Therefore, I would like to inform myself about how a divorce is carried out and what specific steps I need to take to complete it.
Could you please explain to me how the divorce process works in Germany and what steps I need to consider? Are there specific regulations for the division of assets and custody of the children? How long does the process usually take and what costs will I incur? Are there ways to expedite the divorce process and minimize conflicts with my husband?
I thank you in advance for your help and look forward to your support in this difficult situation.
Sincerely,
Erika Hoffmann
Dear Mrs. Hoffmann,
I understand that the decision to divorce your husband is not an easy one, especially when children are involved. It is important to be well informed in order to make the process as smooth as possible. Therefore, I will explain to you the process of divorce in Germany as well as special regulations for the division of assets and custody of children.
The process of divorce in Germany usually begins with filing a divorce petition with the competent family court. It is important that either you or your husband have lived separately for at least a year in order to meet the requirements for divorce. In your case, since you are talking about an amicable divorce, it is possible to file a joint petition for divorce.
During the divorce proceedings, you will need to address issues regarding separation maintenance, child support, division of assets, and custody of children. If you and your husband agree, you can create a divorce settlement agreement to regulate these issues. If no agreement is reached, the court will decide on the disputed issues.
In Germany, the division of assets is governed by the legal provisions of the equalization of accrued gains. The assets acquired during the marriage are generally divided equally, unless special agreements have been made. Custody of the children is usually exercised jointly, unless there are special reasons to the contrary.
The duration of a divorce process can vary depending on the circumstances. An amicable divorce typically takes about three to six months, while a contested divorce may take longer. The costs of a divorce consist of court costs, attorney fees, and possibly expert fees. It is possible to apply for legal aid if you are not financially able to cover the costs.
To expedite the divorce process and minimize conflicts, it is important to communicate openly and consider mediation if necessary. An experienced family lawyer can assist you in finding a solution that is acceptable to both parties.
I hope that this information is helpful to you and I am available for any further questions you may have. I wish you all the best for this difficult process and am here to support you if needed.
Kind regards,
Erwin Evers
