What steps need to be legally followed in a divorce?
May 23, 2022 | 40,00 EUR | answered by Nina Koch
Dear attorney,
My name is Erwin Weber and I am facing the difficult decision of getting a divorce from my wife. After years of marriage, we have grown apart and see no way to save our relationship. However, I am unsure of the legal steps I need to take in a divorce and what consequences I may face.
Currently, my wife and I still live together, share assets, and have shared debts. I am worried about how the division of assets and the arrangement of custody for our children will be handled. I have also heard that divorce can have financial implications and I wonder how this will affect my financial situation.
Therefore, my specific question to you is: What legal steps do I need to take in a divorce to make the process as smooth and fair as possible for all parties involved? How does the division of assets and arrangement of custody typically occur, and what are the financial implications of a divorce on my situation? Are there possible solutions to avoid disputes and to complete the process quickly and cost-effectively?
I thank you in advance for your professional advice and support in this difficult situation.
Sincerely,
Erwin Weber
Dear Mr. Weber,
I understand that divorce is a very emotional and difficult decision that can raise many legal questions. In your case, it is important to be well informed and to follow the following steps to make the process as smooth and fair as possible for all parties involved.
First and foremost, it is important that you inform yourself about your rights and obligations in the divorce process. In Germany, a marriage is divorced by the family court. For this, you have to file a petition for divorce. This petition must be submitted to the competent family court. You will usually need the assistance of a lawyer who can support you throughout the process.
During the division of assets, all assets and debts acquired during the marriage are divided. This includes joint property such as real estate, cars, bank accounts, as well as pension rights and insurance. It is advisable to make a detailed list of all assets and to check if there may be assets acquired before the marriage or after the separation that should not be included in the division.
The arrangement of custody for the children is also an important point. Typically, parents exercise joint custody, unless the court decides otherwise for certain reasons. It is important to find a reasonable solution that is fair to both the children and the parents.
The financial implications of a divorce can be diverse. You may be entitled to maintenance from your wife or vice versa. The equalization of gains and the pension equalization may also play a role. It is advisable to seek advice in a timely manner to avoid any financial disadvantages.
To avoid disputes and to conclude the process as quickly and cost-effectively as possible, I recommend aiming for an amicable divorce. This means that you and your wife can agree on all relevant points. Mediation can help to find common solutions and resolve the conflict as peacefully as possible.
I hope this information helps you and I am happy to answer any further questions you may have. Please do not hesitate to contact me to arrange a consultation appointment.
Best regards,
Nina Koch
