Which steps do I need to follow in order to file for divorce?
June 10, 2023 | 40,00 EUR | answered by Piotr Gehrmann
Dear Lawyer,
My name is Leonie Schlittmaier and I am facing the difficult decision of getting a divorce from my husband. We have been married for 10 years and have two children, aged 6 and 8. Unfortunately, our relationship has deteriorated significantly in recent years and we have decided that separation is inevitable.
I am unsure about the steps I need to take to file for divorce. I have heard that there are various legal and formal aspects that need to be considered, and I want to make sure that I handle everything correctly and properly. I also want to ensure that the interests of my children are appropriately taken into account in this process.
My husband and I have already discussed the divorce and agree that we want to divorce amicably. We have already discussed some issues such as maintenance, custody, and division of shared assets, but we are not sure how to legally regulate these matters.
Therefore, my specific question is: What steps do I need to take to file for an amicable divorce? In what order should I proceed and what documents do I need to prepare? Are there any specific legal aspects that I should pay particular attention to?
Thank you in advance for your support and advice.
Sincerely,
Leonie Schlittmaier
Dear Mrs. Schlittmaier,
Thank you for your inquiry regarding the amicable divorce from your husband. It is understandable that this process poses a great challenge for you, especially when children are involved. It is important that you educate yourself on the legal steps to ensure that the divorce is conducted correctly and properly.
First and foremost, I would like to emphasize that in Germany, an amicable divorce does not require a court hearing. You can file for divorce through a joint attorney or through two attorneys. If you wish to divorce amicably, you must draft a divorce agreement that regulates all important points such as alimony, custody, and division of assets. This agreement must be notarized.
To file for an amicable divorce, you must submit a divorce application to the competent family court. This application must contain all relevant information, such as your personal details, those of your children, the date of separation, the agreement on alimony and custody, and the notarized divorce agreement. It is advisable to consult an attorney to ensure that all necessary documents are prepared correctly.
It is important that the interests of your children are adequately considered. Custody must be regulated, either joint custody or sole custody for one parent. There are various ways in which custody can be divided, depending on the individual situation of the family. An attorney can advise you on this and help you find the best solution for your children.
Additionally, you should carefully regulate financial aspects such as alimony and division of assets. It is advisable to document all financial agreements in writing to avoid misunderstandings. An attorney can assist you in finding a fair and just solution that considers the interests of both parties.
Overall, it is important that you educate yourself early on about the legal steps and seek professional support from an attorney. This can help you navigate the divorce process smoothly and efficiently. I wish you success and am available for further questions.
Best regards,
Piotr Gehrmann
