Process of a divorce
July 8, 2010 | 40,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
I have been married for 18 years and have been living in a single-family house financed by the bank. I live together with my wife, who is a housewife, and my 18-year-old son who is currently looking for an apprenticeship. I am the one who pays for the house and supports the family.
Now I want to separate from my wife and I have the following questions:
1. Who will have the right to reside in the house during the divorce process?
2. What are the maintenance costs that I will have to bear?
3. What advice do you recommend for me to do in this situation?
Thank you.
Dear inquirer,
in the absence of other factual information, I assume that the house was purchased during the marriage, you do not have a prenuptial agreement, and both of you are listed as owners in the land register.
Under these circumstances, I answer your questions as follows:
1. The right to residence is held jointly by you and your wife, unless the court decides otherwise. A separation within the house is also possible, where one of you occupies one part of the rooms and the other occupies the other part. If one of you voluntarily moves out of the house, the other has the right to reside in the house during the separation period. However, you can file a motion for assignment at the district court.
2. Child support must be paid until the child either completes their initial education or finds employment. Your child must make a serious effort to pursue education, studies, or employment. The amount depends on your income and the Düsseldorf Table. Your son's own income (apprenticeship salary) will be taken into account if he finds employment. As for spousal support, the support for the 18-year-old son will be deducted from your net income, and 3/7 of the remaining amount will be paid as support. The duration of support depends on the individual circumstances (age, health, your wife's education, her ability to find employment quickly, etc.), and it is not possible to provide a prognosis within the scope of online consultation.
3. You should try to reach a mutual agreement with your wife on how to divide the marital assets. The basic principle is that each party receives what they had at the beginning of the marriage, and each party receives half of what was acquired during the marriage. In an amicable divorce, one party having a lawyer and the other party agreeing to the divorce petition is sufficient. If the court needs to decide on the division of assets, both parties will need a lawyer, which can be more costly. Joint accounts should be dissolved, and each party should open their own accounts. Then, you just have to wait until the separation year is over and hire a lawyer to file the divorce petition in court.
Sincerely,
Bernhard Müller, Attorney at Law
