Filing for divorce
A marriage can be divorced regardless of the fault of a spouse if it has failed. This is the case when the marital partnership no longer exists and a restoration is no longer to be expected. Divorce proceedings are only possible with legal representation. In the case of a consensual divorce, it is sufficient for a spouse to appoint a lawyer. If the spouses do not agree on the divorce and/or its subsequent matters (maintenance, custody, etc.), both should be represented by a lawyer.
Application or divorce application (to be filed by a lawyer or a lawyer) Photo Marriage certificate in the original or in certified copy Birth certificates of your minor children in the original or in certified copy I hr lawyer or lawyer may need further documentation from you . It therefore recommends comprehensive legal advice.
Marriage has failed when the spouses no longer exist and the spouses cannot be expected to restore it. This is irrefutably presumed if: the spouses have been living separately for one year and both spouses are seeking divorce or the other spouse agrees to divorce, the spouses have been living separately for three years. In addition, the court may divorce the marriage irrespective of the duration of the separation if the continuation of the marriage would constitute an unreasonable hardship for the applicant for reasons which are in the person of the other spouse. Exceptions may be possible under certain circumstances.
Various matters must be settled in advance and as a condition of divorce and deadlines must be observed. It makes sense that you seek advice from a lawyer. If you lack the necessary financial resources for legal advice or, if necessary, a process, then an application for legal aid to the competent district court is recommended.
Legal advice and determination of the divorce application Choose a lawyer or lawyer (if necessary, request from the Bar Association or request for assistance from the bar) Get legal advice from I hrem's respective lawyer or i hrer lawyer Give the lawyer a power of attorney (prepared by the lawyer) The lawyer will send you a draft of the divorce application that you must confirm Now I hr lawyer or court is asking for a court fee advance and, if applicable, the advance for the lawyer's fee that you must transfer In court Upon receipt of payment, the lawyer submits the divorce application to the competent family court. The court sends the divorce application to your spouse and gives him the opportunity to comment. As a general rule, the court sends questionnaires to both spouses in order to determine the compensation for the provision of benefits, such as entitlements to pensions or other pensions. Where the information on the pension rights is available, the court shall set a date for the hearing. Your lawyer will represent you in the proceedings, but an appearance of both spouses for e ine personal e hearing is required. The Family Court takes the divorce decision if it is convinced that the marriage has failed. In connection with this, follow-up matters such as pension compensation or custody of children are also regulated. If both spouses agree with the outcome and represent them by attorney, the divorce may become final immediately by mutual renunciation of appeals and cross-appeals. Otherwise, the divorce decision becomes final one month after the announcement.