How do I start divorce?

How do I start divorce?

Before you can get a divorce, you must have lived apart from your spouse for a year. The separation can also take place in the shared apartment. For this you have to sleep in separate rooms and everyone has to take care of themselves (washing, cooking, cleaning the shops).

What happens to the house in case of divorce?

Divorce with one spouse owning property. If only one spouse is entered as the owner in the land register, then after the divorce the house will also belong to him alone. As a rule, the person keeps the owner-occupied home and continues to live in it. However, this does not change the property of the other person.

What am I entitled to as a wife after the divorce?

According to the guideline values ​​of the Düsseldorf table, the maintenance paid to the woman in the event of a separation is 3/7 or 45% of the adjusted net income of the person obliged to provide maintenance, provided the wife is not employed. However, if the wife is employed, the amount of the separation maintenance is 3/7 or

Are there disadvantages if I file for divorce?

It usually doesn’t matter which of the two spouses files for divorce. The one who is “first” has no advantages and the “second” has no disadvantages. So there doesn’t have to be a race to judgment.

What happens if I don’t consent to divorce?

The family court can decide on the divorce by mutual consent of both spouses after the year of separation at the earliest. If, on the other hand, you refuse your consent to the divorce, the family court must file the divorce application and wait three years.

Does it matter who files for divorce?

Do I have to get a divorce at all because of the separation? You can separate from your partner without being obliged to file for divorce. You can live separated until the end of your life and still remain married. There is no obligation to divorce.

How expensive is a divorce If you agree?

In the case of an amicable divorce, the costs are shared between the spouses, and the court issues a decision on costs. If the spouses hire only one lawyer, the following costs would result for each spouse: Lawyer costs: €853.82 Court costs: €242.00

What does it cost if I file for divorce?

Since the costs always depend on the individual case, it is difficult to make a general cost estimate – with a procedural value of 4,000 euros, the divorce costs, including the court and lawyer’s fees, are at least 917.50 euros.

How long can you delay the divorce?

Delaying divorce: theoretically possible for several years If both sides are not convinced, this can delay the divorce. The prerequisite for filing the divorce application is that the year of separation has elapsed, which must last at least twelve months.

When do you automatically get divorced?

If you and your spouse have been separated for more than 3 years, the law automatically states that the marriage has broken down. The court therefore only needs to be shown that you and your spouse have been separated for 3 years.

Can a divorce be postponed?

Postponing the divorce date: Possible reasons Holiday: If the divorce date falls in a period in which one of the spouses has already booked a holiday, the date can be postponed. However, the booking must be proven in some way, e.g. B. through hotel reservations or a flight booking.

Can I withdraw the divorce?

Can I reverse my divorce petition? Let’s anticipate the answer: With an amicable divorce, you can always withdraw your application for divorce up to the point in time when the divorce order announced by the family court becomes final.

Can the year of separation be extended?

If the spouses have been living together again for more than three months, the legislator assumes that there is no longer any separation. However, if the attempt at reconciliation fails, the separation period is not extended. The year of separation is in no way lengthened or shortened by an attempt at reconciliation.

What is allowed and not allowed in the year of separation?

The most important things in brief: Year of separation During the year of separation, there must be no domestic or economic community between the spouses (so-called “separation of table and bed”). The spouses must live separately. In the year of separation, the spouse earning less is entitled to separation maintenance.

Who do I have to inform after the divorce?

After the divorce, employees should inform their employer and the tax office in writing of the termination of the marriage so that the boss and the tax authorities can calculate all taxes correctly. In the year of separation, the spouses can still submit a joint tax return.

What’s next after the divorce?

After a divorce, the spouse’s inheritance rights automatically expire. Depending on their income, spouses may be entitled to post-marital maintenance. As a rule, divorced spouses are no longer covered by family insurance.

Can you still make claims after the divorce?

Divorce means that the principle of personal responsibility according to § 1569 BGB applies. From the moment the divorce becomes final, the right to maintenance must be given in the form of a “chain of maintenance” according to the respective norm. So if there is no claim when the divorce is final, it cannot arise later.

Who do I have to tell about my name change?

If possible, you should go to your bank/building society/credit company etc. in person and inform them about the new surname. Most banks will ask for a copy of the marriage certificate and a copy of the new ID.

Who do I have to tell about my marriage?

You should inform the following about your new surname: Banks, credit card companies and building societies. Health insurance. Insurance companies. Energy suppliers. Telephone and internet providers.

Who do I have to tell that I got married?

It doesn’t matter whether in a marriage everyone keeps their own surname or one of the partners (usually the woman) takes the name of the other – going to the residents’ registration office or municipal office is unavoidable. If you change your name, you must apply for a new passport and identity card.