Ehescheidung

Here you can get information about divorce.

A marriage can only be divorced in court and only if one or both of the spouses request it. The principle of breakdown applies. This means that if a marriage has broken down, it can be divorced, regardless of which of the spouses is to blame for the breakdown of the marriage.

The breakdown of a marriage is irrefutably presumed if the spouses have been married for at least

• one year separated and both want a divorce, or
• three years separated, even if the other spouse does not want a divorce.

In the run-up to and as a prerequisite for a divorce, various matters must be settled. In particular, the spouses must declare whether they agree on

- the exercise of parental care,

- contact and maintenance for joint minor children,

- on spousal maintenance,

- the whereabouts of the marital home and

- the division of the household

have reached an agreement.

Together with the divorce, a decision is also made on the equalization of pensions, i.e. on the division of the pension rights acquired during the marriage, and, if applicable, on matrimonial property law matters, in particular on the equalization of gains. You can obtain detailed information and advice from the lawyer you trust.

Divorce proceedings are initiated when the petition for divorce is filed with the district court. In principle, both spouses are required to be represented by a lawyer, with the exception of divorce by mutual consent, in which one spouse may declare his or her consent to the divorce without being represented by a lawyer. The family court conducts investigations into the pension equalization and then sets a date for oral proceedings. At the hearing, the spouses are heard in person. If the conditions for divorce are met, the marriage is divorced by order of the family court. The divorce becomes final after expiry of the time limits for appeal.

The breakdown of a marriage is irrefutably presumed if the spouses have been married for at least

• one year year and both want a divorce orhave been separated for
• three years separated, even if the other spouse does not want a divorce.

Various matters must be settled in advance of and as a prerequisite to a divorce.

The divorce petition must be filed with the competent district court. If you need advice on the divorce proceedings and the consequences of divorce, lawyers can advise you.

The divorce petition must be submitted to the competent district court. If you need advice on the divorce proceedings and the consequences of divorce, contact a lawyer you trust.