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Separation & Divorce

If people are married or living in a registered partnership and there are serious conflicts, it may be necessary for them to separate or divorce in court.

Sometimes the couple can resolve the conflict themselves. Sometimes the couple needs help from the court.

If both people say: We want to separate and if both agree on the most important things, then the couple does not need a court. Then they can settle the separation themselves.

If the conflict in a married couple is too great or if it is a case of domestic violence, a separation (matrimonial protection) can be filed with the competent court. The court will then clarify the following issues:

  • Who is allowed to stay in the previous shared home
  • Custody and care of the children
  • Visiting rights for the children
  • Maintenance contributions

Divorce can take place in two ways: 

1. divorce on joint request

Both persons agree and jointly submit a divorce petition to the court. The court examines the agreement and, if necessary, helps with any outstanding issues. 

2. divorce action

If only one person wants a divorce, they must file a divorce petition with the court.

However, in order for the divorce to be implemented directly, both parties must agree. Otherwise there will be a judicial separation and only after a waiting period of 2 years will a divorce be possible without the consent of the other party. 

In rare cases, there are exceptions and a divorce is also possible directly without the consent of the other person.

Further information on this topic

If you have little money, you can apply to the court for free legal aid. This means that you do not pay the court costs yourself. Your lawyer will help you with this. If you have a lot of money at a later date, you may have to repay the state for the court proceedings. 

In order for the application for free legal aid to be examined, you must submit all important documents together with your separation or divorce petition or bring them with you to the hearing at the latest. 

We are here for you

Are you experiencing violence and want to separate? We can advise and support you with questions about separation and divorce and can put you in touch with a lawyer if necessary.