First and foremost, you need to find the appropriate reason to successfully end your marriage:
Damit Sie wissen, welcher Grund auf Ihre Situation am besten zutrifft, stelle ich Ihnen als Vorbereitung für unser Erstgespräch eine kurze Übersicht zur Verfügung.
In the case of a consensual divorce, the spouses must be clear about the solution to the main consequences of the divorce and record these in writing in a comprehensive divorce settlement.
This includes the following points:
In this process, the claiming spouse must prove that the other spouse is at fault for the breakdown of the marriage, which he or she has caused in the form of marital misconduct. The determination of fault is of intrinsic importance, since this will determine the results of the instigating spouse's claim to maintenance as well as for pension claims and the legal costs.
Marital misconduct is, for example:
When filing for divorce on the grounds of fault, one sets the legal proceedings in motion. If one spouse seeks maintenance, this must be claimed in separate proceedings. In the event that the spouse claiming maintenance has not received that maintenance for an extended period, this is open to a retroactive claim.
From the point of view of maintenance and social security law, this type of divorce has advantages, since the innocent spouse managing the household has the same claim to maintenance after the divorce as during an ongoing marriage. In order to uphold maintenance claims, I recommend filing an application for an assessment of sole or predominant fault.
The divorce proceedings described above - with the exception of consensual divorce - only concern the divorce itself. Separate proceedings must be initiated for maintenance claims (spousal or child maintenance), custody and contact rights, as well as the division of marital property.