The divorce proceedings are initiated by a written application from the divorce lawyer to the responsible family court. Due to the legal regulations, the divorce petition must be filed by a family law attorney.In this application for divorce proceedings, the lawyer briefly describes the current situation and the relationship between the spouses over the past twelve months. The court checks whether the marriage has failed.
How long a divorce proceeding lasts often depends on whether the judge can quickly obtain information on pension equalization, i.e. on pension equalization. If this is speeded up, then it will result in a quick divorce date. Of course, it also depends on how early you get the divorce lawyer to initiate the divorce
The cost of divorce:
The law only describes the costs of divorce proceedings in general terms: They are based on the spouses’ net income from professional activity and assets.At the divorce appointment, the judge will ask the spouses for this information and use it to determine the amount in dispute for the divorce. From this, the court costs and the lawyer’s fees are ultimately calculated.
The separation means in the context of divorce proceedings means that the married couple lives separately if they no longer provide each other with care services, i.e. no longer shopping for the other, no longer washing and cleaning, no longer cooking and doing similar work. This is easy to do and to prove if the spouses live in different apartments. But the spouses can live separately even without moving out of the marital home. Here it is the lawyer’s job to describe the situation to the judge in a credible and comprehensible manner.
The pension equalization:
In addition to the question of whether the marriage has failed, the court must clarify the pension adjustment. This is about the equalization of pension entitlements. The waiver of this compensation is often part of a marriage contract.The court will provide forms to clarify the pension equalization. These are filled out by the spouses and sent back. As soon as the information on the pension adjustment is available the court will set a date for the divorce to take place.
At this divorce hearing in court, the couple must briefly describe how long they have been separated and how the separation was carried out. The pension adjustment will then be discussed. If there are then no more questions, the divorce of the marriage will be pronounced immediately by the judge. The entire divorce appointment often lasts only twenty minutes.The undisputed and consensual divorce
In the case of a consensual divorce, the spouses agree that the divorce should take place. The judge receives a written instruction from one spouse that the marriage should be divorced and the other spouse agrees to the divorce.The court then only carries out the pension adjustment.