How long does a divorce usually take?
November 22, 2023 | 30,00 EUR | answered by Johann König
Dear lawyer,
my name is Alice Bauer and I have a question regarding divorce. My husband and I have decided to get divorced because we simply do not understand each other anymore and our marriage is no longer sustainable. We do not have any children together and only own shared property in the form of a house. I have heard that divorce can often take a long time and would like to know how long it usually takes for a divorce to be finalized.
I am worried that the divorce process could be complicated and lengthy and would like to know what to expect. I am hoping for a quick and uncomplicated resolution, as I just want to separate from my husband and start a new life.
What steps are necessary to carry out a divorce and how long does it usually take for the divorce to be legally binding? Are there ways to expedite or simplify the process? I would greatly appreciate it if you could provide me with more information on this matter.
Thank you in advance for your help.
Sincerely,
Alice Bauer
Dear Mrs. Bauer,
Thank you for your inquiry regarding divorce. I understand that this process can be very stressful for you and that you are longing for a quick and uncomplicated solution. I am happy to explain to you the different steps necessary to carry out a divorce and give you an overview of how long this process typically takes.
First of all, it is important to know that a divorce in Germany generally consists of three steps. The first step is the submission of a divorce petition to the competent family court. This petition must be filed by a lawyer and includes the official request for the dissolution of the marriage. Once the petition is received by the court, a divorce hearing is scheduled.
The second step involves the actual divorce negotiation in court. During this hearing, all relevant points, such as the division of shared property, are settled. If both spouses are in agreement and there are no contentious issues, the divorce can usually be completed relatively quickly. However, if disagreements exist, the process can be significantly prolonged.
After the court has granted the divorce, the third and final step is the legal validity of the divorce. This usually takes effect one month after the oral hearing. During this period, both spouses have the opportunity to appeal against the divorce decree. If no appeal is filed, the divorce becomes legally valid and the marriage is officially dissolved.
In terms of the duration of the entire divorce process, it is not possible to give an exact statement as it depends on various factors. If both parties are cooperative and in agreement, the divorce can be completed relatively quickly. However, if disputes over shared property or other issues exist, the process can be significantly delayed.
There are ways, however, to expedite or simplify the process. For example, you can discuss with your spouse in advance how to divide shared property to prevent disputes. Additionally, you can seek legal assistance early on to make the process more efficient.
In conclusion, I would like to say that it is important to take care of yourself during this stressful time and to seek psychological support if necessary. Divorce is a significant life event, but it also offers the opportunity for a fresh start and a self-determined life.
I hope this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Johann König, Attorney
