Is there a waiting period before I can get divorced?
May 12, 2022 | 40,00 EUR | answered by Erwin Evers
Dear Divorce Lawyer,
My name is Norbert Gallenberg and I am currently facing the difficult decision of getting a divorce from my wife. Over the past few months, we have drifted further apart and have come to the conclusion that a future together is no longer possible.
My concerns mainly revolve around the legal aspects of a divorce. I am wondering if there is a waiting period before I can initiate the divorce process. Our separation has been in place for several months already, but I am unsure if that is enough to legally file for divorce.
I would like to know if there are specific criteria that must be met before I can file for divorce. For example, is there a minimum duration of separation that must be adhered to? Or can we start the process immediately after the separation?
Furthermore, I am interested in knowing what specific steps I need to take to initiate the divorce. What documents are required and how long does the entire process usually take until the divorce is finalized?
I appreciate your support and guidance during this difficult phase of my life.
Sincerely,
Norbert Gallenberg
Dear Mr. Gallenberg,
Thank you for your inquiry regarding the legal aspects of a divorce. I understand that this is a difficult phase in your life and would like to assist you with detailed information.
First of all, I would like to inform you that in Germany there is generally no statutory waiting period for initiating divorce proceedings. This means that you can file for divorce immediately after the separation. However, a separation of several months can serve as an indication of the final failure of the marriage and facilitate the divorce process.
Regarding the criteria that must be met to file for divorce, in Germany there is the so-called "separation year". This means that the spouses must live separately for at least one year before the divorce can be requested. However, this separation period can be shortened under certain circumstances, for example if the continuation of the marriage is unreasonable for one of the spouses.
To initiate the divorce, you must file an application with the competent family court. You will usually need a marriage certificate, birth certificates of the children, as well as a copy of the separation protocol or a confirmation of the failure of the marriage. The entire process until the divorce becomes legally binding can vary in length depending on the individual situation and the workload of the court. However, you can generally expect a duration of about 6 months to a year.
I recommend seeking legal advice early to go through the divorce process professionally and smoothly. I am happy to assist you with any further questions and support.
Best regards,
Erwin Evers
