file for divorce

Prerequisites

The prerequisite for the divorce of your marriage is that it has failed.
The marriage has failed when your relationship no longer exists and you and your spouse cannot be expected to restore it.
According to the law, this is irrefutable to suspect if you and your spouse have been separated for at least three years. In addition, a marriage is considered to have failed if you and your spouse have been separated for a year and you both apply for divorce or your spouse agrees to divorce.
If you and your spouse have been separated for less than three years and your spouse does not consent to the divorce, you must present and prove that the marriage has failed.
The court can divorce the marriage irrespective of the length of the separation if the continuation of the marriage would represent an unreasonable hardship for you for reasons which are personal to your spouse.

Documents required

As a rule, the following must be presented:

• your photo ID
• the marriage certificate in the original or in a certified copy
• if applicable, the birth certificates of your minor children in the original or in a certified copy

Please seek legal advice about which documents your lawyer will need from you.

Please note

A divorce petition must always be submitted to the relevant family court by a lawyer or a specialist in family law. Please see the collection of links below.

 Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• The divorce petition must be submitted to the family court by your lawyer, usually after a separation period of at least one year.
• The court then serves the application on the opposing party. There is no obligation to have a lawyer to approve the divorce application.
• As a rule, pension equalization must also be carried out in the event of a divorce, i.e. the fair division of the pension entitlements acquired by the spouses during the marriage. To do this, the district court will officially request that you and your spouse provide information about your pension providers and then ask the pension providers for information about the entitlements acquired by you and your spouse during the marriage.
• You and your spouse can also bring further ancillary matters in connection with the divorce, for example the ancillary matters of equalization of accrued gains or post-marital maintenance.
• At the oral hearing on the divorce petition, you and your spouse will usually be heard in person about the conditions for divorce.
• If the conditions for divorce are met, the family court will declare the divorce by order.

Processing time

Because of the given procedure, at least 3 months, depending on the individual case

Fees

• Court costs


• Legal fees


• Both are based on the amount in dispute

Legal remedies

Complaint against the family court decision within one month by a lawyer.

Legal basis

§§ 1564 Divorce by judicial decision - German Civil Code (BGB)

https://www.gesetze-im-internet.de/bgb/__1564.html




§ 111 Family Matters No. 1 - Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__111.html




§ 113 Application of provisions of the Code of Civil Procedure - Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__113.html




§ 114 Representation by a lawyer; Power of attorney - Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__114.html




§ 121 Matrimonial Matters - Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__121.html




3§ 133 ff. - Content of the application - Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__133.html




§ 43 Matrimonial Matters - Law on Court Costs in Family Matters (FamGKG)

https://www.gesetze-im-internet.de/famgkg/__43.html