There are many things to consider in the event of a divorce. In our series on divorce law, we offer you helpful, brief information. If you are also looking for a divorce lawyer, we will be happy to answer any questions you may have. We represent clients nationwide and use the most modern means of communication to help quickly and easily. Our topic today is:
The divorce of the marriage – brief information
You intend to separate from your spouse or have already separated. A separation is not only a big turning point in life from an emotional point of view, it also has far-reaching consequences in the case of a marriage. In this life situation in particular, it is important to keep a cool head and work through the problems that arise in a structured manner.
Unless there are exceptional circumstances, a marriage can only be divorced after the end of the year of separation. For this, the marriage must be broken, which means that the spouses must live more than a year apart. The year of separation can also take place within the joint marital home, but for this it is important that the partners live separately from “table and bed”. Often the separation takes place long before one of the spouses actually moves out a hardship decision can also take place without observing the year of separation, for example if criminal offenses have been committed against the spouse.
Before Filing for a Divorce
Divorce is not like any other type of breakup. You must not only make the emotional decision to leave the person you married, but you must also consider all of the logistical considerations. Although thinking about hiring a lawyer, analyzing your finances, and maybe looking for a new place to live may seem daunting, these actions must be completed in order to go forward.
It’s lot simpler to start working toward your goals once you know exactly what’s ahead of you. If you’re unsure where to start, keep reading to learn all you need to know before filing for divorce.
After the end of the year of separation, the marriage can be divorced. A lawyer is required for divorce, i.e. at least the person who applies for divorce must be represented by a lawyer. If the spouse agrees to the divorce, they do not need to be represented by a lawyer. In any case, in this case too, it is advisable to first contact a lawyer.
As part of the divorce, the court carries out the so-called pension adjustment, which means that the pension entitlements of the spouses are balanced. In individual cases, there is no pension adjustment, in particular the acquired entitlements were too low. Furthermore, in the context of divorce, the assets acquired during the marriage must be discussed, provided that no agreement was made before the marriage. With the so-called gain adjustment, the increase in wealth of the spouses is compensated from the day of the wedding until the divorce.
Likewise, in the run-up to a divorce, one should check in a counseling interview whether there are any claims for spousal maintenance against the partner. Since the calculations for possible maintenance can be very time-consuming, it is always advisable to seek legal advice here.
If you have already separated from your spouse or intend to do so in the near future, we will be happy to provide you with a free initial assessment. We not only help you here if you are looking for a lawyer for family law in Mannheim and the surrounding area. Every year we represent hundreds of clients nationwide in various areas of law.
Consensual Divorce – Joint Divorce Lawyer?
“We would like to get a divorce and hire you as our divorce lawyer.” Separate spouses who are seeking a divorce often begin contacting this or similar ideas. Joint divorce lawyer – is that possible? No.
No joint divorce lawyer
By virtue of his professional position, the lawyer is always the representative of the interests of his client (client) and the lawyer may not represent opposing interests at the same time. In divorce proceedings, the spouses are opponents in the legal sense even if they are in agreement on everything and have a common interest in their marriage being divorced and are also referred to accordingly, namely as applicant and opponent. A representation of both is not possible, consequently also not a joint commissioning.
Divorce with just one lawyer – that works
Divorce with only one lawyer is still possible, as the law only requires that the applicant filing the divorce petition must be represented by a lawyer. The other party involved can contest both the written procedure and the divorce date without a lawyer. This route is recommended when the essential property issues and the consequences of the divorce have been clarified and the so-called amicable divorce comes into consideration.
Divorce by mutual consent – essential requirements
If both spouses want a divorce, they have been separated from each other for at least one year (year of separation) and the main consequences of separation and divorce are like
- Separation maintenance and post-marital maintenance,
- Allocation of shared assets and gains and
- If necessary, custody and access rights for children together
regulated, the divorce proceedings only contain the very formal act of divorce itself and, as a rule, the pension adjustment, i.e., the adjustment of the pension entitlements that arose during the marriage. The pension equalization is – subject to a different notarized agreement between the spouses – carried out and calculated ex officio on the basis of legal requirements. The participation of the parties is essentially limited to information about employment relationships and private or company pension schemes during the marriage period. Legal representation is not absolutely necessary in this regard.
If, in the case of such a constellation, the respondent does not hire a lawyer himself, lawyer fees can be saved, which can amount to $ 1,500.00 even with an average income. Spouses who agree on the divorce often agree on which of them will hire the lawyer and file the divorce petition (since joint commissioning is not possible, as we learned above), and then split the payment of the applicable fees. A written agreement is recommended.
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