One of the spouses must submit the divorce petition. It is not possible to submit a common petition. Those one who submits the divorce petition must be represented by a lawyer. Applications for divorce must be filed at the family court.
A joint petition for divorce for both spouses is not possible in Germany. But only that spouse who makes the application for divorce needs a lawyer. The other spouse does not need an attorney – whether he agrees with the divorce or not.
If there are common minor children, the court in the district where the children live has jurisdiction.
If there are no minor children, the court of last common residence in Germany is responsible if one of the spouses still resides there. If this condition is not met, the residence of the other spouse (“defendant”) is relevant.
The judge considers the retirement benefits (considered part of the marital property). Other issues, like custody, child support, spousal support or division of marital property (money, bank accounts, debts etc.) are only addressed if the court is petitioned to do so by one of the spouses.
If the divorce runs under German law, always the so-called supply balance is to be regulated. When it comes to balancing supply. that the pension rights acquired during the marriage between husband and wife are equally balanced. To this end, the annuity must send the pension calculations for each spouse to the court. This leads to a divorce proceeding usually at least half a year.
The divorce proceeding is much shorter – usually about 10 weeks – if no supply balance must be performed. This is the case
– If the marriage lasted not more than three years until the petition for divorce
– If the spouses renounce the supply balance, which is possible if none of the spouses has suffered disadvantages in his pensions as a result of marriage guidance or due to a common children
– If the spouses both agree that the divorce is to be held under foreign law instead of German law, which is possible if at least one of the spouses is a foreigner ore lives abroad.
We need the following information:
– How much is the monthly net income of both spouses?
– How many underage kids (including children from former relationships)?
– How long have you been married?
– What are the nationalities of both of you?
– How many underage children are present?
Rechtsanwalt Th. Günther
Rosental 98, 53111 Bonn
Tel.: 0228 / 24035038
0177 / 4153173 (24 h)
Fax: 0228/ 92934811
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