A divorce marks the end of a marriage and often brings legal and emotional challenges. Competent legal support ensures that your rights are protected and all important matters are handled properly.
1. How can I help you?
I offer comprehensive legal advice and professional representation in divorce matters. If you prefer, we can communicate entirely by phone or email. With many years of experience in family law, I will guide you through this emotionally and legally complex time.
My services include in particular:
- Detailed legal advice on all aspects of your divorce
- Filing the divorce petition with the court
- Help with related matters such as property division, support, and pensions
- Representation throughout the entire divorce process
- Review and application for legal aid (cost assistance)
- Expert advice on international divorces
These are just examples of the services I provide. I represent you with commitment and competence in all areas of divorce law and help you complete your divorce as efficiently and affordably as possible.
2. Requirements and consequences of divorce
Under German law, a marriage can only be dissolved if it is considered to have failed („breakdown principle“). After a one-year separation period, the law assumes the marriage has broken down. If one spouse disagrees with the divorce, the marriage is presumed permanently broken if the couple has lived apart for at least three years.
The separation period begins when the spouses stop living together as a household and at least one of them does not want to resume living together. This usually means one spouse moves out. However, couples may also be considered separated while living under the same roof, if they lead completely separate lives—separate bedrooms, separate finances, and no shared daily routines (“separation from table and bed”).
In a divorce case, related issues like pension rights, asset division, and spousal support are usually handled together with the divorce (this is called a „combined divorce case“ or „Scheidungsverbund“). The family court is required to divide pension rights unless the spouses already have a written agreement.
- Pension equalization (Versorgungsausgleich): The retirement benefits earned during the marriage are generally split 50/50.
- Asset division (Zugewinnausgleich): If no other agreement exists (e.g. in a prenuptial agreement), the court compares the assets each spouse gained during the marriage. The
- spouse who gained more may have to share half of the difference with the other.
- Spousal support: Financial support after the divorce can also be decided as part of the case.
- Child custody and support: If there are children, custody, visitation, and child support matters may also be handled within the same legal process.
3. How does a divorce work?
The divorce process depends on whether both spouses agree (amicable divorce) or not (contested divorce):
- Amicable divorce: If both spouses agree that the marriage is over and want the divorce, only one spouse needs a lawyer to file the divorce petition. The other spouse just needs to agree. However, the divorce is only considered amicable if both spouses also agree on all related matters—such as support, pensions, and property. This agreement must be stated in the petition.
- Contested divorce: If the spouses disagree on any issues, both should have their own lawyer with experience in family law. A spouse without a lawyer cannot file motions in court or respond properly.
The spouse filing the petition must also pay an initial court fee, so the petition can be officially sent to the other spouse.
Which court is responsible?
- If the couple has minor children, the court in the child’s primary residence is responsible.
- If there are no children, the court where the couple last lived together is responsible – if one spouse still lives there.
- If both have moved, the court at the respondent’s current residence (the spouse receiving the divorce papers) is responsible.
After the court receives the divorce petition, a hearing date is set. Both spouses must attend this hearing. The court will also address the related issues filed with the divorce. After the hearing, the judge will make a final divorce ruling.
4. What does a divorce cost?
Divorce involves legal and court fees. The amount depends on your income and assets. The fees are calculated based on the total monthly net income of both spouses, usually multiplied by three.
You can use my divorce cost calculator to estimate the expected costs:
If you cannot afford the legal fees, you may qualify for legal aid (called “Verfahrenskostenhilfe” in German). To apply, you must provide details about your financial situation to the court.