Divorce and Separation in Germany — What You Need to Know

Status: March 2026. All information without guarantee.

How Scheidung Works

In Germany, Scheidung is only possible through the Familiengericht. The most important principle: there is a Trennungsjahr.

1. Trennungsjahr

• You must live separated for at least 1 year from your partner
• "Separated" means: separate households (or separate areas in a shared apartment)
• Exception: In hardship cases (e.g., domestic violence), Scheidung can be filed immediately

2. Scheidung Application

• Must be filed through a lawyer (legal representation required)
• For an amicable Scheidung, one lawyer for the applicant is sufficient

3. Court Hearing

• The court checks: Trennungsjahr, pension equalization (retirement claims)
• Duration: approximately 4–12 months after filing

Unterhalt (Support)

Child Support 2026 (Düsseldorf Table):

• 1st child (0–5 years): from €480/month
• 1st child (6–11 years): from €551/month
• 1st child (12–17 years): from €645/month

Custody Rights

• Joint custody generally remains in place (even after Scheidung)
• Residency determination right can be regulated separately
• The child's best interest is always the priority

Costs

• Court costs: Depend on combined net income (procedure value)
• Lawyer fees: approximately €1,500–€3,000 (amicable), €5,000–€15,000 (contested)
• Legal aid: For low-income individuals — the state covers costs

Tips

• Apply for Beratungshilfe (free legal consultation) at the district court
• Migration counseling: AWO, Caritas, Diakonie also help with questions about residence rights after Scheidung
• Residence rights: After 3 years of marriage in Germany, you have independent residence rights (in hardship cases, also earlier)