Getting a Divorce

You are already seperated or want to seperate from your spouse? Or does your partner want to seperate or already did?

Whatever your concern, Attorney Ms. Abokal is your professional when it comes to the legal matters of a divorce.

If the marriage is not working anymore, a seperation or divorce is generally considered. The failed marriage is legally defined in § 1565 Absatz 1 Satz 2 BGB. According to this definition, the marriage is failed, when the matrimonial cohabitation does not exist anymore and when there are no expectations of its rehabilitation. The reasons for the failing of the marriage are normally irrelevant (exception: so called hardship decision).

But there are certain prerequisites that have to be fullfilled for the court to announce the divorce.

Necessary prerequisites for a divorce

For the initiation of the divorce proceedings you must have a lawyer. The petition for divorce can only be submitted by a lawyer.

The spouses have to have been seperated for one year, before the family court will accept the petition for divorce.

A “faster divorce” is only possible, if the prerequisite of the one-year separation imposes an undue hardship on one of the spouses, § 1565 Abs. 2 BGB.

From experience, the divorce proceedings take around 8 months after the petition has been submitted.
The duration of the proceedings can be accelerated, if the maintenance settlement is excluded. The maintenance settlement is a compensation of entitlements concerning the retirement provisions (statutory pension, company pension, etc.) earned during the marriage gained . The exclusion is only possible under specific prerequisites and therefore not always an option. The exclusion is possible in the following cases: The marriage was extremely short (up to 3 years) or both spouses did not work during the time of the marriage.

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Abokal Logo

Najat Abokal
Rechtsanwältin

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
info@kanzlei-abokal.de

Contact

Jetzt unverbindlich & kostenlos anfragen.

Abokal Logo

Najat Abokal
Attorney

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
030 / 325 903 62
info@kanzlei-abokal.de

Office Hours:
Monday - Friday: 10.00 -13.00
Monday, Tuesday, Thursday: 15.00 - 17.00