1. What are the requirements for a divorce?
A marriage can be divorced if it has failed. The failure of a marriage is assumed if the participants no longer have been living together for at least one year and it is no longer to be expected that the partnership will be restored.
On the other hand, there is no requirement that both spouses want a divorce after one year. Rather, it is sufficient if the cohabitation no longer exists for a year and a spouse wants to get a divorce.
2. Do I have to show the separation at the court?
In contrast to other European legislation, those who are willing to divorce in Germany do not have toreport the separation in court . However, anyone who claims that a separation has taken place must also prove it. Providing evidence of separation can be particularly difficult if the spouses have separated in the marriage dwelling.
3. Can the divorce petition be filed in court without a lawyer?
The divorce application itself can only be filed by a licensed lawyer in court (District Court, Department of Family Affairs). The divorce application is admissible on condition that the parties have been permanently separated from each other for at least one year.
The court then files this divorce application to the other spouse. He can then comment on the petition for divorce. However, the divorce application will only be served if the court costs have been paid in advance or if the claimant receives legal aid.