Why should you get divorced
Divorce requires one Application of one or both spouses to the locally competent family court. The local court in whose district the underage children live or in whose district you last shared your marriage apartment is regularly responsible, if a spouse stayed in this apartment or lived there in the district until it was pending. If this is no longer the case, the local court at the place of residence of the respondent is ultimately responsible.
Attention: compulsory lawyer!
A lawyer is required before the family court. This means that you have the Divorce petition only through a lawyer licensed in Germany or a lawyer at the family court. You cannot submit an application yourself. Since divorces are often emotionally charged, it is up to the lawyer to separate the legal and emotional aspects and to only present facts to the court on which it will judge your divorce petition.
Content of your divorce petition
In addition to your personal circumstances, you must also state in your application for divorce whether a Agreement on parental care and handling of the child, the Child and spouse maintenance as well as the Legal relationships to marital home and household effects is done. This information is sufficient. Ideally, you have signed an out-of-court divorce settlement agreement with a notary or declare such an agreement to be recorded by the court.
Advantage: Consensual divorce
If you want to make your divorce as inexpensive as possible, you should consider divorce by mutual consent. Then it is sufficient if one spouse applies for divorce alone. The other spouse can then unconditionally consent to the divorce petition without legal representation. However, he cannot submit his own applications with regard to the requirements for divorce or any matters related to the divorce. This is also not necessary in the case of a mutual divorce, as you agree on the divorce prerequisites and can settle any divorce-related matters out of court in an agreement on the consequences of divorce. The The great advantage of a consensual divorce is that you only have to pay a single lawyer and make your divorce as inexpensive as possible. Above all, in the case of divorce by mutual consent, the court has the option of reducing the procedural value, according to which the fees for court and lawyer are calculated, by up to 30% if the corresponding application is made. This also saves you additional fees.
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