How does a divorce proceed and what steps need to be considered?
May 10, 2022 | 30,00 EUR | answered by Alexander Hartmann
Dear Divorce Lawyer,
my name is Clara Köhler and I am facing the difficult situation of getting a divorce from my spouse. We have been married for 10 years and have two children, aged 6 and 8. Unfortunately, we have realized in the last few years that our relationship is no longer working and we have grown apart.
My spouse and I have already discussed that a divorce is the best solution for both of us to start anew. However, I have no experience with divorce law and I am unsure about the process of divorce and what steps need to be taken. I am worried about how the divorce will affect our children and what financial implications it will have.
Therefore, I would like to ask for your professional support and pose the following questions: How does a divorce typically proceed in Germany? What steps need to be taken and what documents need to be filed? What are the implications of a divorce on custody of the children and the financial situation of the spouses? Are there ways to achieve an amicable divorce and how can I best prepare for the divorce process?
I thank you in advance for your help and look forward to hearing from you on how I can best prepare for the upcoming divorce.
Sincerely,
Clara Köhler
Dear Mrs. Köhler,
Thank you for your trust and your open words regarding your situation. Divorce is undoubtedly a significant life event that brings many questions and uncertainties. I would like to offer you all the information and support you need to navigate this process as smoothly as possible.
In Germany, a divorce typically proceeds as follows: First, you or your spouse must file a divorce petition with the competent family court. This petition must include specific information, such as the grounds for divorce and whether there are any shared children. After the petition is filed, the court will schedule a date for a hearing where the divorce will be decided.
Steps to consider during this process include resolving alimony claims, custody issues, and dividing shared assets. It is important to prepare all relevant documents such as marriage certificates, children's birth certificates, income statements, and asset listings to facilitate the process.
Regarding custody of the children: In Germany, joint custody of both parents is generally sought, even after a divorce. However, there is the possibility for one parent to be granted sole custody if it is in the best interest of the child. The financial implications of a divorce can be diverse and depend on various factors such as pension equalization, alimony claims, and asset division.
It is possible to achieve a mutually agreed upon divorce where you and your spouse agree on key points such as alimony, custody, and asset division. This not only saves time and costs but also allows for a more peaceful separation. To prepare for the divorce process, I recommend seeking professional legal advice early on to understand your rights and obligations and to find the best possible solution for your individual situation.
I am available to answer your questions and guide you through this process. Please do not hesitate to contact me to schedule a detailed consultation.
Best regards,
Alexander Hartmann, Divorce Lawyer
