How long does it usually take to finalize a divorce?
June 15, 2022 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
My name is Johann Bacigalupo and I am facing the difficult decision of getting a divorce from my wife. We have drifted apart in the past few years and simply cannot be happy together anymore. I have been thinking about a divorce for a long time, but now I am wondering how long it usually takes to finalize a divorce.
We have been married for 10 years and have two children aged 8 and 5. My main concern is to have the divorce process completed as quickly and smoothly as possible, in order to ensure a stable and secure future for our children. I am worried that the divorce process could drag on for too long, increasing the emotional burden for everyone involved.
Therefore, I would like to ask you how long it usually takes to finalize a divorce and if there are ways to expedite this process. Are there specific steps we can take in advance to shorten the duration of the divorce? I want to make sure that we can reach a quick and fair agreement on all issues such as custody, support, and property division, in order to avoid a lengthy and costly legal battle.
Thank you in advance for your support and advice during this difficult time.
Sincerely,
Johann Bacigalupo
Dear Mr. Bacigalupo,
Thank you for your message and your trust in my legal expertise in family law matters. It is understandable that you are seeking clarity and a quick solution for your family situation during this difficult time. The desire to finalize the divorce process smoothly and swiftly is understandable, especially when children are involved.
In general, the duration of a divorce can vary depending on the individual situation. However, there are legal requirements to be followed in Germany. It is generally necessary for the spouses to go through a separation year before the divorce can be filed. This means that you and your wife must live separately for at least one year before the divorce proceedings can begin.
Once the separation year has passed and both parties agree to the divorce, the process can be relatively expedited. However, the duration also depends on various factors such as the complexity of the case, the spouses' agreement on divorce consequences, and the court's workload.
To expedite the process and avoid unnecessary delays, you can take some steps in advance. An amicable divorce, where the parties agree on all points such as custody, maintenance, and asset division, can significantly shorten the process. It is advisable to establish a separation and divorce agreement early on that regulates all relevant points and is signed by both parties.
Furthermore, it may be helpful to consult an experienced mediator early on, who can assist you in resolving conflicts and reaching a fair and mutually agreeable solution. Mediation can help resolve disputes out of court and speed up the divorce process.
I am here to support you during this difficult phase and assist you in carrying out your divorce. Please do not hesitate to contact me to schedule a consultation and discuss further steps.
Best regards,
Erwin Evers
Divorce Lawyer
