How does a divorce proceed and what do I need to consider?
January 22, 2023 | 40,00 EUR | answered by Fred Busse
Dear family lawyer,
My name is Ludwig Evers and I am facing the difficult situation of a divorce. My wife and I have decided to go our separate ways after many years of living together. Now I have many unanswered questions and uncertainties about how the divorce process works and what I need to consider.
Regarding the current situation: My wife and I have two children together, aged 10 and 12. We have shared property, including our house, as well as shared accounts and insurances. I am employed and earn the main income, while my wife works part-time. We have already discussed a possible separation agreement, but have not been able to agree on all points so far.
My concerns are varied. I am worried about how the children's custody will be arranged, how the shared property will be divided, and how my financial situation will be after the divorce. I also have concerns about the support for my wife and the children.
My question to you is: How does a divorce process work and what do I need to consider? What steps need to be taken and what documents need to be submitted? How will the financial situation be resolved and what rights and obligations do I have as a husband and father in this situation?
I thank you in advance for your support and advice during this difficult phase of my life.
Sincerely,
Ludwig Evers
Dear Mr. Evers,
Thank you for your trust and your open question regarding your upcoming divorce. It is understandable that you are thinking a lot and have uncertainties during this difficult phase. I will now explain to you in detail how the divorce process works and what you need to consider.
First of all, it is important to know that a divorce in Germany generally takes place in front of a family court. The exact process may vary depending on the individual situation, but certain steps are usually always the same. First, you and your wife must initiate a divorce procedure. This can be done either through a joint application or through an application by one of the parties. It is advisable to think early on about the regulation of maintenance, custody, visitation rights, and division of assets.
As part of the divorce process, various documents must be submitted, including the marriage certificate, birth certificates of the children, income statements, bank statements, insurance policies, etc. Additionally, you must draw up a divorce settlement agreement or separation agreement, in which all important points such as custody, visitation rights, maintenance, asset division, etc. are regulated.
The financial situation will also be clarified as part of the divorce. Firstly, post-marital maintenance for your wife and children will be regulated. This will be calculated based on income and needs. Additionally, shared assets such as the house, accounts, and insurance will be divided. Custody of the children will also be determined, with joint custody usually sought, unless there are serious reasons against it.
As a husband and father, you have certain rights and obligations in this situation. You have the right to access to your children and the right to a fair division of assets. At the same time, you have the obligation to pay maintenance for your children and to prioritize the well-being of the children.
Finally, I would advise you to seek professional support from a family law attorney. An attorney can advise you comprehensively, represent your rights, and help you find a fair solution for all parties involved.
I hope that my explanations help you and I wish you strength and all the best for the upcoming time.
Best regards,
Fred Busse
