Family Law Attorney_ Your Guide To The Process of Divorce

1. Family Law Attorney: Your Guide To The Process of Divorce If you and your partner opt for a permanent separation from your relationship, the procedure for obtaining a divorce in Germany can be relatively straightforward. Nevertheless, complexities may arise when additional factors are involved. You might have children together or share ownership of property and assets. To adeptly navigate through the various legal intricacies, seek guidance from top specialized lawyers in German family law. In a nutshell, married couples can pursue a divorce as long as one of them holds German residency or citizenship. This is regardless of where the marriage was originally solemnized. Moreover, the law follows a "break-up principle," meaning that there is no obligation to assign blame or provide a specific reason for the marriage breakdown. Whether one or both partners' actions contributed to the situation, the law does not seek to attribute fault to either party. Legal Basis for Divorce in Germany The Break-up Principle German courts don’t factor in which side is at fault. Instead, they consider both spouses' behavior to determine if the marriage has indeed broken up. To be considered broken up, the couple must no longer have any conjugal relations and have no intention of restoring their relationship. To prove that the marriage has broken up, the spouses must live apart for a minimum of one year (known as "Trennungsjahr") if both parties seek a divorce. On the other hand, three years if only one spouse wants a divorce. Living apart entails: ●Residing in separate properties ●Not having any common meals together ●Refraining from providing services for one another ●Having no other shared aspects in their daily lives Divorce in Cases of Unbearable Hardship Under certain circumstances, couples do not have to endure a year of separation before obtaining a divorce if there are instances of "unbearable hardship." Such

2. situations include frequent mistreatment and abuse by a spouse or living with a partner struggling with alcoholism. However, even in these circumstances, your family law attorney would explain how some barriers may still apply. ●If the couple has young children, they might be required to wait a year after separation before finalizing the divorce, regardless of the hardship they face. ●In certain situations, divorce may be denied altogether if granting it would impose significant hardship on one spouse. For example, if one partner is dealing with a serious illness, and the divorce could adversely impact their health, the court may decide against granting the divorce. Handling Visa Dependency on Marriage If your authorization to live in Germany is contingent on your marriage or family reunification, the dissolution of your marriage can lead to the loss of your residency entitlement. It is particularly true if your marital relationship has lasted for less than three years. However, if you have been married for three years or more, you have the option to renew your residence permit for one year following the divorce. After this period, a top German lawyer can help you apply for independent residency rights. Depending on the situation, your residence permit may be extended even if your marriage duration is less than three years. This could apply if: ●You have a child with your spouse. ●Moreover, you decided to end the marriage due to verified instances of violence by your partner. ●You are a skilled worker or vocational trainee with the possibility of having your permit extended. Getting To The Process If the circumstances are uncomplicated, the marriage can be officially dissolved within four to six months. Yet, in long-term marriages involving wealthy partners

3. with numerous asset disputes, the process may extend to a year or more. This is because the court intervenes to make decisions on their behalf. All Necessary Documentation To initiate the divorce proceedings in Germany, the first step would be to get a family law attorney to handle the divorce application. This application should be lodged at the local court (Amtsgericht) or family court (Familiengericht) with jurisdiction over the area where the matrimonial home is located. Moreover, the required documents include: ●Divorce application ●Identification (ID) documents ●Marriage certificate (translated by a certified interpreter, e.g., lingoking) ●Birth certificates or certified copies of any children (translated by a certified interpreter) It is essential to have all documents translated into German by a certified interpreter. The court will review your application and send a copy to your partner, requesting their response. Additionally, during this process, you and your partner will receive forms to calculate any pension rights that may need to be transferred. The Expenses You Should Be Expecting This is something that greatly varies due to several aspects, such as the "value of the divorce" and whether it is an amicable or contested divorce. In contested cases, where disputes over assets and other matters arise, the involvement of multiple lawyers and increased efforts to resolve issues can lead to higher expenses. The "value of the divorce" refers to a legal requirement that determines the overall cost charged by the court and the lawyers involved. Besides, this value is calculated based on the following: ●Net income of both partners ●Number of children the couple has ●Duration of the marriage ●Fair division of pension entitlements between the partners ●The total value of communal assets held by the couple The full cost predominantly depends on the complexities of the situation.

4. Asset Division in Divorce Cases: Personal & Business Personal assets considered during divorce proceedings encompass the following: ●Marital property ●Other properties acquired through joint accounts or co-signed by both partners ●Pension plans ●Stock options ●Moreover, debts accumulated during the marriage will also be examined during the post-divorce division. Family law attorneys can start by determining whether these assets or liabilities are jointly owned. Liabilities will not be considered joint if they are not signed for by both spouses. Contractual agreements that exclusively benefit one mate may be deemed "unfair" for the other party to bear the responsibility. For entrepreneurs, safeguarding their business assets should be a top priority. Additionally, having a marriage contract (prenuptial agreement) in place provides a clear path in such cases. The importance of this agreement grows higher for business owners concerned about the future of their enterprise. Why? Because any assets acquired during the marriage are generally considered shared gains of both spouses. These assets may be subject to equal division between the partners without a prenup. Furthermore, property division can be particularly complex, especially when both spouses have contributed to the property and share joint ownership. Takeaway Going through a divorce is almost always a stressful time for people. During the process, things become even more daunting when there is no professional support. A family law attorney can help through a lot of complexities. Moreover, with paperwork, divisions, or even alternatives to divorce, professionals know just what to do.