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For a Good Divorce, you need to know the ropes

Considering divorce and want what is rightfully yours? Don’t be taken to the cleaners. Consult me and receive a step-by-step guide for a successful divorce.

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Are you considering the dissolution of a marriage or registered partnership? Due to my many years of experience and precise expertise in this area, you can avoid a nerve-racking divorce war by consulting me as your divorce lawyer. My maxim is, you deserve the best – my aim is to achieve that for you.

First and foremost, you need to find the appropriate reason to successfully end your marriage:

  • Divorce by mutual consent
  • Divorce due to fault
  • Divorce due to dissolution of domestic partnership
  • Divorce due to mental illness
  • Divorce on the grounds of contagious or repulsive disease

Consensual Divorce

A consensual divorce is possible if the marital partners have been separated for at least six months and the marriage has irretrievably broken down – i.e. the marriage can no longer be restored.

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:

  • spousal maintenance
  • child custody and contact rights 
  • child maintenance
  • asset allocation

Fault-based divorce

If there is no agreement with your spouse on a divorce by mutual consent, you need to seek legal assistance and institute divorce proceedings. 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:

  • Adultery
  • Emotional violence/abuse
  • Physical abuse
  • Threats
  • Criminal activity
  • Refusal to pay maintenance

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.

Divorce due to dissolution of the domestic partnership

If the domestic partnership has already been dissolved for three years, one spouse may request a divorce. This type of divorce is not dependent on the fault of one of the spouses, which means, even a spouse who is solely responsible for the breakdown of the marriage may file for a divorce.

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.