Get a Divorce in Germany [2024 Guide] - Navigate Germany

Looking for a divorce in Germany, here you go! 

Legal Separation in Germany

Legal separation is not similar to divorce as you and your partner just live separately but are married.

Divorce in Germany

If you and your partner want to end your marriage permanently, divorce is the only option which requires a minimum of one year of separation when both parties agree to have the Divorce. If any partner is not willing, the minimum period increases to three years.

According to the foreign law, if your spouse is a foreigner, they might need to discuss the case with the judge who will grant the divorce according to their laws. To apply for the divorce, go to the nearest family court branch, where they are registered legally. One lawyer will handle the case if both parties are willing for a divorce, but in case of disagreement, separate lawyers will resolve the case.

Exemption of One Year Separation

Here are the unbearable hardships when one year separation is not necessary; - Frequent mistreatment
- Regular abuse
- Spouse taking too much alcohol

Barriers to Get a Divorce

If you have young children, one year separation is necessary even if you are facing unbearable hardships.

Reasons for Divorce

Here are the reasons due to which you might want to file for a divorce;

• Mistreatment
• Too much drug or alcohol usage
• Stress
• Lack of intimacy
• Regular abuse
• Domestic violence
• Debt 

Divorce Process

Time Period to Get Divorce

If there are no complications, the process is easy and will take four to six months, otherwise it can go beyond a year or more depending on the marriage period, the complexity, disputed assets, division of the wealth, and willingness of the partners.

Required Documents

Here are the list of documents;

• Identity proof
• Divorce application
• Certificate of Marriage
• Birth certificates of your children
• Translation if required 

Step-by-Step Process

1. Hire a lawyer to submit your divorce application.
2. Submit your application along with all required documents.
3. Make payment for the lawyer and the court charges.
4. Court will review your application and documents.
5. Court will send a notice and additional forms such as maintenance claims, pension rights, and children’s custody to your partner to get his/her response.
6. Attend the court with your lawyer on the given appointment date.
7. The court will announce the final decision.

Cost of Divorce Process

The cost of getting divorce depends on different factors such as marriage duration, children, complexity, and earning. Legal costs are between 1000 Euros to 3000 Euros which is divided between both partners. Costs can be high due to disputes and disagreements.

How to Get Legal Aid?

If your earnings are low, you can apply to the state or consult a lawyer to get the legal aid to go through the process. It can be reduced or canceled due to various circumstances.

Rejection

Divorce application is rejected when one party is seriously ill or it can affect the health badly.

Factors to Consider During Divorce Process

You must consider several factors when getting a divorce in Germany.

Child Support

Children suffer due to divorce decision of their parents. If child is not living with the parents, they must pay for the child’s expenses till child is of age 18 or start earning. The amount of the money parents pay depends on the age, income, pension funds, saving interest, rental income, and benefit payments.

Custody of Child

If parents are not abusing, both will have joint custody which means that they will make major decisions together. Minor decision will be made by the parent with whom the child is living. If parents disagree, court will decide that who will make important decisions.

Maintenance Claim

Court will decide about the eligibility of the maintenance claim which is other than the child support. This payment is for the parent who is not earning or earning less. Spousal maintenance time period is specific but not the lifetime and have to fall in criteria which is;

• Unable to earn due to age or jobless
• Serious illness
• Permanent weakness
• Taking care of the child
• Further education

Property Division

You must equally divide the property between you and your partner for smooth divorce process. The court will decide about the marital home if the parties have dispute.

Pension Rights

Court will decide about the pension rights in favor of the party whose income is less than the other party.

Visa Cancellation after Divorce

If you are in Germany due to your marriage which is less than three years old, you will lose your visa to live in Germany after divorce. If you are married for three years, you will get the new work permit which will help you to stay for one year after Divorce. Later you would need to apply for the right to live in Germany independently.

Extension in Residence Permit

Apply for the extension in these scenarios even if your marriage is not of three-year time; - If you have a child
- If your partner is violent
- If you are a skilled worker
- If you are a vocational trainee

Conclusion

Getting divorce is simple but due to complexities and disagreements it might be complicated and the process might take the longer time than usual. It is important to consider the factors like number of children, their custody, their age, etc before taking the divorce decision. You and your spouse can decide everything together but in case of conflict, court will make decision based on various circumstances.