Divorce: process and basics

In short: In Germany, a divorce generally requires a year of separation during which the spouses must live apart. Only afterwards can divorce proceedings be initiated at the family court.

In more detail: A divorce follows the breakdown principle, where the failure of the marriage is proven but no party is found at fault.

In detail

• Year of separation: A year of living apart is meant to ensure the separation is final and not temporary.
• Hardship divorce: In exceptional cases such as domestic violence, divorce is possible even without a full year of separation.
• Legal representation requirement: At least one spouse needs a lawyer to file the divorce petition.
• Pension equalisation: Pension entitlements acquired during the marriage are generally split between the partners.
• Maintenance questions: Post-marital support depends on factors such as childcare, earning capacity, and length of marriage.
• Parental custody: Custody usually remains jointly with both parents after a divorce, unless otherwise requested.
• Costs: Court and lawyer fees are based on the so-called proceeding value, which accounts for income and assets among other things (testament-und-gesetzliche-erbfolge, steuerklassen-und-lohnsteuer).