Divorce in Germany

Divorce proceedings in Germany: separation year, lawyer, family court, costs and maintenance.

1. 1
   Initiate Separation

   Initiate the separation by maintaining separate households. Separation within the shared apartment is possible if separate areas are used (separate bedrooms, no shared household management). Document the separation date.

   💡 Write down the exact date of separation in writing — it is crucial for calculating the separation year.
2. 2
   Maintain Separation Year

   In Germany, a separation year (12 months) is mandatory before divorce. During this time, you can already clarify maintenance, custody, and asset division. In case of an amicable divorce, only the petitioner needs a lawyer.

   💡 Use the separation year to clarify financial matters — maintenance, joint accounts, insurance, and household asset division.
3. 3
   Hire a Lawyer

   Hire a lawyer specializing in family law. A lawyer is legally required to file for divorce. In case of an amicable divorce, only the petitioner needs a lawyer. If eligible for legal aid, the state covers the costs.

   💡 If you cannot afford lawyer costs, apply for Verfahrenskostenhilfe (VKH) at the family court — many foreigners are entitled to this.
4. 4
   File Divorce Application

   Your lawyer files the divorce application with the competent family court. Required documents include: marriage certificate, birth certificates of children, proof of separation year, and information about income and assets.

   💡 The divorce application can be filed at the earliest after 10 months of separation — this makes divorce possible exactly after 12 months.
5. 5
   Pension Adjustment (Versorgungsausgleich)

   The court conducts pension adjustment — the division of pension entitlements acquired during marriage. Both partners must complete forms regarding their pension insurance. This is often the most time-consuming part of the procedure.

   💡 Pension adjustment can be waived for short marriages (under 3 years) upon request — this significantly speeds up the procedure.
6. 6
   Court Hearing

   Both spouses must personally appear at the divorce hearing before the family court. The judge reviews the requirements and questions both partners about the separation date. In case of an amicable divorce, the hearing lasts approximately 15-30 minutes.

   💡 If you do not speak German, you must bring an interpreter to the court hearing — clarify this in advance with your lawyer.
7. 7
   Divorce Decree

   After the court hearing, you receive the divorce decree. If both parties waive legal remedies, the divorce becomes final immediately. Otherwise, it takes effect after one month. Inform authorities, insurers, and your employer.

   💡 Waive legal remedies together with your ex-partner — then the divorce becomes final immediately and you save one month of waiting.