What documents are needed for a divorce?
November 27, 2023 | 30,00 EUR | answered by Johann König
Dear lawyer,
My name is Babette Höfer and I am facing the difficult decision of getting a divorce from my husband. After many years of dissatisfaction and arguments, I have decided to take this step. However, I am uncertain about the documents I need for the divorce and the exact process.
Currently, my husband and I still live together in our shared house, which we purchased together a few years ago. We also have two minor children for whom we share custody. We are both employed and have joint accounts and insurances.
My concerns mainly lie in not knowing exactly which documents and papers I need to present for the divorce. I want to make sure that I provide everything necessary to make the process as smooth as possible. Additionally, I am worried about the financial situation after the divorce and how it will affect our children.
Therefore, my specific question to you is: What documents are needed for a divorce and how does the process proceed in detail? Are there any specific documents I should prepare to expedite the process? And what is the legal situation regarding the shared house, accounts, insurances, and custody of our children?
Thank you in advance for your support and advice during this difficult time.
Sincerely,
Babette Höfer
Dear Mrs. Höfer,
Thank you for your inquiry regarding your upcoming divorce. I understand that this is a difficult time for you and would like to provide you with all the necessary information to help you through this process.
For a divorce, various documents are usually required to initiate the process. First, you will need a certified copy of your marriage certificate as well as a current registration certificate from you and your husband. In addition, proof of income, such as pay slips and tax returns, as well as documents related to shared assets and liabilities are needed. This may include property ownership, accounts, insurance policies, or documents related to any shared contracts.
To ensure a smooth process, it is advisable to gather and have these documents ready as early as possible. The more information you can collect in advance, the faster and more efficiently the divorce can be completed.
Regarding the shared house, accounts, insurance policies, and custody of your children, there are legal regulations that must be considered. In a divorce, shared assets (such as the house and joint accounts) are typically divided according to the principles of equalization of gains. This means that the increase in wealth during the marriage is fairly divided.
As for custody of your children, it is common for parents to retain joint custody even after the divorce, if it is in the best interest of the children. There are also legal regulations that must be considered regarding child support and possibly also support for you as a spouse.
The exact process of the divorce may vary depending on individual circumstances. Typically, a divorce petition is filed in court, along with the necessary documents. This is followed by a court hearing where the divorce is formalized. In many cases, it may be advisable to be represented by a lawyer to best represent your interests and guide you through the process.
I hope this information is helpful to you and I am available to answer any further questions or support you in your divorce process.
Sincerely,
Johann König
