How does a divorce proceed?
February 5, 2024 | 40,00 EUR | answered by Oliver Breitwieser
Dear lawyer,
My name is Oliver Blumberg and I am currently facing the difficult decision to divorce my wife. We have been married for 10 years and have two children together. Unfortunately, over the past few years, more and more problems have arisen in our relationship and we have realized that a separation is inevitable.
However, I am unsure about how a divorce process works and what steps I need to take. What documents are required and how does the legal side of a divorce proceed? What will happen to our shared house and how will financial matters be resolved?
I am also concerned about the custody of our children. How is this regulated in the context of a divorce and what rights do I have as a father?
It would be very helpful for me if you could give me an overview of how a divorce could proceed in my case and what possible solutions there are to make this process as smooth as possible.
Thank you in advance for your support.
Sincerely,
Oliver Blumberg
Dear Mr. Blumberg,
Thank you for your inquiry regarding a possible divorce. I understand that this is a difficult decision and brings many uncertainties. I am happy to give you an overview of the process of divorce in family law and the steps you need to consider.
First of all, it is important to mention that a divorce in Germany can only be granted by the family court. This is done upon the request of one spouse who declares the marriage to be irretrievably broken. In your case, either you or your wife could file for divorce.
For a divorce, the following documents are usually required: the marriage certificate, birth certificates of the children, income statements of both spouses, documents regarding shared assets and liabilities, and possibly a prenuptial agreement, if applicable.
Regarding the shared house, there may be various options for how it is handled in the context of a divorce. It can be sold and the proceeds divided, one spouse can take over the house individually, or a usage arrangement can be made. It is important that you and your wife come to an agreement or, in case of dispute, accept a decision of the court.
Regarding custody of the children, in Germany, joint custody of both parents is generally the norm. Even after a divorce, joint custody remains unless there are valid reasons to change it. As a father, you have the same rights as the mother in making decisions for your children.
To make the process of divorce as smooth as possible, I recommend that you contact an experienced family law attorney early on. They can provide comprehensive advice, represent your interests, and support you in asserting your rights.
I hope this information is helpful to you and I am happy to answer any further questions you may have.
Sincerely,
Oliver Breitwieser
