The Divorce Process Step-by-Step

The process of a divorce seems to be complicated and time-consuming for many people at first. We show you which steps are necessary and what you need to consider.

Procedure of a divorce: Overview

1. The requirements for divorce are fulfilled.
2. The divorce proceedings are initiated with the divorce petition submitted to the family court by an appointed divorce lawyer.
3. The court costs must be paid for the court to start processing the application.
4. The application is also sent to the respondent.
5. Questionnaires for the pension rights adjustment will be sent to the respondent.
6. A court date is set.
7. The divorce is decided in court and is legally binding after a four-week period.

1. Requirements

• Even though many spouses want to divorce as soon as possible, there are certain hurdles to be taken. An immediate divorce is only possible in so-called hardship cases. This can mean, for example, violence within a marriage.
• As a rule, however, spouses must adhere to the prescribed separation year, which precedes a divorce. In this year, the couple lives separately – either in different apartments or at least no longer in a common life partnership.
• If both spouses agree in principle to the divorce, the divorce can be filed shortly before the end of the separation year. However, if this is not the case, i.e. if one of the partners is in conflict, the judge usually sees a chance of reconciliation and orders a period of three years of divorce.

2. The application

• The marriage can only be dissolved by a judicial decision of a family court. Therefore, in order to initiate the divorce, the spouse who wishes to divorce must contact a lawyer.
• You will provide the divorce lawyer with the data relevant to the application, such as details of the spouses, children together or a copy of the marriage certificate. Since only a lawyer can file for divorce in court, a lawyer must be engaged for the divorce in any case. In order to save time and money, many couples rely on online divorce, especially in the case of a separation by mutual consent.
• When you are getting divorced, make sure that the lawyer is a specialist in family law, that there are no hidden costs and that the lawyer is always easily accessible. At best, all documents should also be available online and on your mobile phone so that you are always well informed.
• Specialist lawyer for family law Frank Riedel: “Make absolutely sure that only the minimum fees are charged. A divorce should never cost more than what the law requires! With an online divorce you save time as well as money and always have everything in view.

3. Paying court costs

• In order for the court to process the divorce petition that has been filed, the first step is to pay the court costs. These are calculated according to the spouses’ income. You can read more about this in the article below on divorce costs.
• In the first step, the applicant must pay the court costs. After the divorce has been finalised, the spouse has to reimburse half of these costs. If the applicant does not have sufficient income, it is possible to apply for legal aid or, in the case of a wealthy spouse, to apply for an advance payment.
• If you have a low income and are unsure whether you can pay for the divorce, legal aid often makes sense. Then the state will pay the costs of the divorce for you. Applying for divorce is a very complex process, which involves filling out a form of several pages and submitting lots of supporting documents. There are a few providers who will help you to apply for legal aid free of charge, as the application form can be filled out quickly and easily online.
• Family Law Specialist Frank Riedel: “The form for legal aid is very long and often not understood. Which proofs are necessary is also difficult to understand. This can lead to the application being rejected and the costs not being covered. We have therefore developed an assistant that makes it possible to fill out the form very easily online. The assistant recognizes on the basis of the information provided which proofs are necessary. This proof can then be easily photographed and uploaded using a mobile phone.

4-5. Service of the respondent and questionnaire

• If the court costs have been paid, the court will also send the divorce petition to the respondent. In the latest case, the respondent will now be informed about the divorce. He has the option of either agreeing to the divorce or rejecting it. It is also possible to file your own divorce petition with the assistance of an attorney.
• Both spouses are also sent a questionnaire on the subject of pension equalisation. This questionnaire deals with the calculation of the spouses’ pension rights.

Pension equalization is generally carried out. However, there are the following exceptions:

• Pension equalisation was already excluded in advance by notarial marriage contract
• The marriage lasted less than three years (voluntary application possible)
• The compensation would be totally unfair
• Both spouses are represented by a lawyer and agree on the omission of a settlement

If there is no pension equalization, the divorce proceedings can usually be accelerated considerably. The divorce can thus be completed up to three months earlier.

6. The divorce date

• At the divorce date, both spouses must usually be present in person. If one of the spouses is prevented from attending, for example because of a distant residence abroad, the court may also allow exceptions to the rule.
• The divorce date itself is relatively quick, especially in the case of a divorce by mutual consent. The court asks both spouses how long they have been living separately, whether they want to get divorced and what their income is. The divorce costs are calculated according to this income.
• Each party may submit further applications during the hearing, for example concerning rights of access or maintenance. However, only on condition that there is also a lawyer to represent the party. If you are not represented by a lawyer, you can only agree to or refuse the divorce.
• Ideally, an agreement on the consequences of the divorce has already been reached and notarised before the appointment. This way the divorce process can be carried out much faster.

7. The divorce decree

If all matters to be settled are settled, the court will decide to divorce the marriage at the divorce hearing. Officially, this is called a divorce decree, which is made by the court.

If there is no legal remedy, such as an appeal, the divorce is final immediately, otherwise there is a four-week period of time. Again, only those who are represented by a lawyer can waive legal remedies.

What else needs to be settled besides the divorce?

The spouses can already apply to the court during the divorce proceedings to also clarify the post-marital consequences (subsequent matters). Of course, the spouses are also free to reach an out-of-court settlement, which in turn speeds up the procedure.

The following are some of the possible consequences:

• Matrimonial property matters
• Budgetary matters
• Matters of parenthood (custody and rights of access to joint children)
• Child support and post-marital maintenance

Procedure of a divorce: How long does it take in total?

• In German divorce proceedings, the process can take up to one year after the application for divorce is filed. If the pension rights adjustment is waived, a divorce is conceivable within three to four months. However, it always depends on the competent family court and the capacities and workloads there.
• The decisive criterion for the duration of a divorce is also the type of divorce. An amicable divorce can be handled much less complicated and therefore faster than a contested divorce, although the procedure is basically the same. If the spouses show great disagreement on important issues concerning the compensation of gains, alimony etc., considerably more time is needed both for out-of-court clarification through the lawyers and for preparing the divorce date.
• Time can also be saved by an online divorce. Everything can be initiated from home in just a few minutes and many things can be handled much more easily and quickly in the further process.
• Approximately two weeks after the divorce petition is filed, the court requests the advance payment of court costs. If the questionnaire on pension rights adjustment is completed, the pension providers need about three months to provide the information. Between the summons to the court date and the actual date there is usually also at least one month, usually even two.