How can I file for divorce?
August 20, 2022 | 40,00 EUR | answered by Gerd Möller
Dear Family Law Attorney,
My name is Marcus Friedendahl and I am facing the difficult decision to end my marriage. After much consideration and many discussions with my partner, we have both come to the conclusion that separation is the best way for both of us to be happy. We do not have any children together and do not own any real estate or significant assets.
Currently, we both agree that the marriage is no longer working and we would like to get a divorce. However, we both lack the knowledge of how to initiate this step legally and in the best way possible. We have already found out that in Germany, a separation year is required for a divorce, and that we can either mutually agree to divorce or one of us must file for divorce.
My concerns lie in not knowing exactly what steps are necessary to file for divorce. I am worried about potential conflicts that may arise during the divorce process, and want to ensure that everything proceeds fairly and justly.
Therefore, I am wondering how I can best initiate the divorce and whether it would be advisable to consult with an attorney to assist me in this process. What documents are needed for the divorce and what costs could I incur? I would like to know what options are available to make the divorce as smooth and quick as possible, without causing unnecessary stress or conflicts.
Thank you in advance for your help and support.
Sincerely,
Marcus Friedendahl
Dear Mr. Friedendahl,
Thank you for your trust and your open words regarding your upcoming divorce. It is important that you inform yourself and prepare well in this difficult situation to make the process as smooth as possible.
First of all, it is positive to hear that you and your partner are in agreement that the marriage should be ended. This greatly facilitates the divorce process. As you have correctly noted, in Germany, the separation year is a prerequisite for divorce. During this year, you can already make all preparations for the divorce.
To file for divorce, you or your partner (or both together) must submit an application to the competent family court. In this application, you must state the reason for the divorce (in your case, this is likely to be the breakdown of the marriage) and provide all relevant information about the marriage, the separation, and any shared assets. It is advisable to seek assistance from an experienced lawyer to ensure that all necessary documents and information are correct.
A lawyer can not only help with the application process but also assist in resolving issues regarding maintenance, division of assets, and other legal aspects. The costs for a lawyer may vary depending on the complexity, but in most cases, it is recommended to seek professional assistance to avoid potential conflicts and disputes.
To prepare for the divorce, you should gather all relevant documents, such as marriage certificates, birth certificates, income statements, rental agreements, etc. These will be needed during the divorce process to ensure a fair division.
It is important that you and your partner communicate openly and try to settle the divorce amicably. The more you can clarify in advance, the quicker and smoother the process will be. If conflicts arise, your lawyer will be there to help find a fair solution.
I hope my response was helpful to you. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Gerd Möller
