What happens if my ex-partner does not want the divorce?
October 25, 2022 | 35,00 EUR | answered by Johann König
Dear lawyer,
my name is Georg Hartmann and I have a question regarding divorce law. My ex-partner does not want to accept the divorce and is being difficult. We separated some time ago and I would like to proceed with the divorce as soon as possible to put a clear end to our relationship. However, my ex-partner is blocking the process and refusing to cooperate.
I am currently in a very uncomfortable situation, as I do not know how to proceed. I am worried that the divorce could unnecessarily drag on and incur costs that could be avoided. Additionally, the unclear legal situation is emotionally taxing for me.
My question to you as a lawyer is: What can I do if my ex-partner does not want the divorce? Are there ways to still obtain a divorce? What legal steps can I take in this situation to move the matter forward and find a quick solution?
Thank you in advance for your support and I look forward to your expert advice.
Best regards,
Georg Hartmann
Dear Mr. Hartmann,
Thank you for your inquiry regarding divorce law. I'm sorry to hear that your ex-partner does not accept the divorce and is causing you difficulties. In such a situation, it is important to remain calm and seek legal advice to find the best possible solution.
If your ex-partner does not accept the divorce, there are still ways to obtain a divorce. In Germany, divorce is a court procedure initiated by one of the spouses. It is not necessary for both spouses to want the divorce. One spouse can also obtain the divorce against the will of the other if the marriage has irretrievably broken down.
To proceed with the divorce despite your ex-partner's resistance, you should consult a family law attorney. They can provide comprehensive advice and help you initiate the necessary legal steps. Typically, a divorce petition is filed with the relevant family court. The other spouse will be asked to respond. If no agreement can be reached after a reasonable period, the court will decide on the divorce.
It is important to provide your attorney with all relevant documents and information so they can effectively represent your interests. Additionally, you should prepare for possible negotiations and consider alternative dispute resolution methods, such as mediation.
In terms of the costs of divorce, these can vary depending on individual circumstances. Your attorney can inform you about the fees and costs involved and suggest ways to save on expenses.
I hope this response has been helpful and wish you success in navigating your divorce.
Best regards,
Johann König
