Divorce is the process of dissolving a marriage. It is, first and foremost, a legal procedure that divides a previously existing union into two completely separate individuals. In most cases, it is a situation that affects both partners emotionally and requires careful consideration. Especially in marriages with children, divorce has consequences that must be addressed.
How does the divorce process work?
A petition for divorce precedes the divorce proceedings. The petitioner retains an attorney. The other spouse needs an attorney if he or she files petitions with the family court on his or her own. These include:
- Application for Child Support
- Custody Arrangements
- a separate petition for divorce.
In the case of a divorce by mutual consent, he does not need legal counsel. As a rule, several issues are at stake in a divorce. Consequently, he seeks legal counsel to protect his interests. As a rule of thumb, any type of potential settlement requires legal counsel. Settlements can only be reached in court, and in Germany, representation by an attorney is mandatory in court proceedings.
Upon filing a petition, the family court determines whether the requirements for a divorce are met. These include a marriage that has broken down and no prospect of reconciliation. Furthermore, the spouses must have lived apart for a significant period of time prior to the court’s decision. This is where the well-known “one-year separation” requirement comes into play. Before filing the petition, the spouse seeking the divorce must identify the court with jurisdiction. If there are minor children, jurisdiction lies with the court in whose district the children reside with one of the parents. If there are no children, jurisdiction lies with the court in the jurisdiction of the last shared residence, provided that one spouse lives there. If this is not the case, the court at the respondent’s place of residence has jurisdiction.
When is a relationship considered to have broken down?
A broken marriage is a prerequisite for a divorce decree. This is the case if the two spouses no longer have an emotional bond. If one spouse attests to this lack of a bond, that statement is sufficient for a divorce. The court will undoubtedly grant the divorce if the spouses have been living apart for more than three years. Alternatively, they may have been living apart for at least one year and both agree to the divorce. Regardless of the actual circumstances, the court evaluates the petitions and determines whether the marriage has broken down based on the specific situation.
It is common for spouses to share an apartment during the year of separation for financial reasons. In such cases, the court considers whether both spouses maintain separate lifestyles—for example, by cooking or doing laundry for themselves. Reconciliation attempts that are limited in time do not interfere with the divorce proceedings.
A divorce by mutual consent is a special case. In this case, both spouses have been living apart for at least one year. In addition, the petitioner states that the other spouse is also filing a petition or has given their consent. The petition further states that the parents will share custody of the children and reach an agreement regarding child support. The best interests of the child are the decisive factor for the court.
Women seeking a divorce can find a divorce attorney at www.rek-scheidungsanwalt.de. Divorce attorneys serving the Stuttgart/Balingen area develop personalized strategies to ensure the best possible outcome for your divorce.
