How does a divorce proceed and what steps need to be taken?
August 18, 2022 | 50,00 EUR | answered by Marcus Hering
Dear lawyer,
my name is Uwe Höfer and I am facing the difficult decision to divorce my wife. We have been married for 15 years and have two children aged 10 and 13. Unfortunately, our relationship has been deteriorating in the past years and we have now come to the conclusion that a separation is inevitable.
I am now wondering how the divorce process works and what steps need to be taken. I am concerned about custody of our children, maintenance, and the division of our joint assets. How does the divorce procedure proceed and what deadlines need to be met? What documents are required? How is the joint property divided and what rights do my children have regarding custody and maintenance?
I would like to know what options there are to have a harmonious divorce and how to best prepare for this process. Are there mediation procedures that can lead to an amicable solution? How can I best prepare for negotiations with my wife and her lawyers?
I am looking forward to your support and advice in this difficult situation and hope that you can help me with my questions.
Thank you in advance.
Best regards,
Uwe Höfer
Dear Mr. Höfer,
Thank you for your inquiry and your trust in my advice. Divorce is always a significant event in the life of a family, and it is understandable that you are concerned about your children, your maintenance, and your shared assets. I will try to answer all your questions as comprehensively as possible.
The divorce process in Germany usually proceeds as follows: First, one of the spouses must file a petition for divorce with the competent family court. This petition must contain certain information, such as the personal data of the spouses, the children and their dates of birth, the date of the marriage, and the reasons for the divorce. It is advisable to seek the support of an experienced lawyer to avoid possible mistakes.
After filing the divorce petition, the court will schedule a date for a hearing. Both spouses must appear in person at this hearing. The divorce itself, custody of the children, maintenance, and division of assets will be decided upon. It is important that you can present all relevant documents and evidence, such as income statements, bank statements, rental agreements, and insurance policies.
In Germany, the principle of joint parental custody generally applies to custody of children. This means that both parents retain custody, even after the divorce. However, in exceptional cases, the court may grant sole custody to one parent if it is in the best interest of the child.
Child support is usually calculated according to the Düsseldorf Table, which regulates children's maintenance claims based on income and age. Spousal support is also calculated according to certain criteria.
The division of shared assets is based on the legal provisions of the equalization of gains. Gain is the increase in assets that each spouse has achieved during the marriage. This gain is equalized in the divorce, meaning that the spouse with a higher gain must compensate for the difference.
To conduct a harmonious divorce, I recommend that you engage in dialogue with your wife and seek solutions together that are acceptable to both parties. Mediation processes can be very helpful in resolving conflicts and finding a mutually acceptable solution. It is important to treat each other fairly and respectfully and to always consider the needs of the children.
For negotiations with your wife and her lawyers, it is advisable to prepare well and have all relevant documents and evidence ready. An experienced lawyer by your side can support you and help you represent your interests as best as possible.
I hope that this information has been helpful to you, and I am available for further questions and personal advice.
Sincerely,
Marcus Hering
Family Law Attorney
