How does the divorce procedure proceed when both spouses are in agreement?
March 18, 2022 | 40,00 EUR | answered by Anna Richter
Dear Lawyer,
My name is Ingo König and I have a question regarding the process of divorce when both spouses are in agreement. My wife and I have decided together that we want to get a divorce, as we have realized that we have drifted apart and separation is the best solution for both of us. We have no minor children, nor do we have any shared debts or assets that need to be divided.
Our relationship has simply fallen apart in recent years and we have jointly decided to put an end to it and go our separate ways. We would like to go through the divorce process as quickly and smoothly as possible in order for both of us to start anew.
My question to you as a lawyer is, how exactly does the divorce process work when both spouses are in agreement? Are there specific steps that we need to follow? How long does the process typically take and what costs can we expect? Is there perhaps an option to proceed with the divorce online to save time and effort?
I am concerned that the divorce process could be complicated and lengthy, and I would like to know how we can make this process as smooth as possible. I would greatly appreciate your support and guidance on this matter.
Thank you in advance.
Kind regards,
Ingo König
Dear Mr. König,
Thank you for your inquiry regarding the process of a divorce when both spouses are in agreement. It is understandable that you are thinking about the process and would like to make it as smooth as possible. I will now explain the process of an amicable divorce and address your questions.
First of all, it is positive to hear that you and your wife are in agreement and wish to proceed with the divorce together. This greatly facilitates the process and can help ensure that the divorce is completed faster and more cost-effectively.
The process of an amicable divorce typically unfolds as follows: First, you must file a divorce petition with a family court. In this petition, you state that you wish to divorce and both spouses agree to it. Additionally, you must present a marriage certificate and the marriage contract (if applicable).
Once the divorce petition is received by the court, a date for the oral hearing will be scheduled. Both spouses must appear in person at this hearing and confirm their agreement. If all necessary documents are provided and there are no further questions or discrepancies, the divorce is usually granted on the same day.
The duration of an amicable divorce process may vary depending on the court's workload, but typically ranges from 3-6 months. The costs of the process consist of court and attorney fees. The exact costs may vary depending on the case, but usually amount to a few hundred to a few thousand euros.
Regarding your question about whether the divorce can be conducted online, I would like to point out that certain steps, such as personal presence at the hearing, are mandatory. However, many formalities can be completed online to save time.
In conclusion, I recommend that you consult with an experienced divorce attorney early on to optimize the process and avoid potential obstacles. Professional advice can help you understand the divorce process and ensure that everything runs smoothly.
I hope that this information has been helpful to you and I am available to answer any further questions you may have. I wish you all the best for your fresh start and a stress-free divorce.
Sincerely,
Anna Richter, Attorney
