Family law
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Family law
Few areas of law are as nerve-wracking as family law. We navigate you through the legal rapids.
Divorce lawyer in Bad Hersfeld
A divorce without a lawyer is not legally possible. This makes it all the more important to have a good lawyer at your side here in Bad Hersfeld.
Your divorce
Divorce is rarely easy. We are by your side.
Discussion
Talk to our specialized divorce lawyers before your divorce. We will discuss your individual situation in a confidential meeting. If necessary, we will file the divorce petition for you and effectively enforce your rights.
Preparation
We discuss all the essential information about your case with you, collect the relevant documents and prepare a divorce petition for you. You will receive this for approval in advance. You decide when to start.
Divorce
We guide you through the court proceedings, explain and translate the court language and are there for you throughout the entire divorce process. At the end, you will receive a divorce decree and a well-ordered life.
Our Service
We offer you a wide range of expertise in family law.
Frequent topics in family law
- Separation, divorce, dissolution of civil partnerships
- marriage contracts
- Maintenance (separation maintenance, post-marital maintenance, child maintenance)
- Property settlement (equalization of gains)
- Right of access
- with minor children
- custody
- Parentage and adoption law
- Protection against violence
Procedure
A divorce is particularly stressful if you don't have an overview of the process. We give you an overview.
1. filing the divorce petition
A divorce petition can only be filed by a lawyer. The family court at the local district court is responsible. It is sufficient if one of the spouses files the divorce petition.
2. court costs and service
Once you as the applicant have paid the advance payment for court costs, the court will forward the application to the other spouse. The date of service is an important key date. The court costs are then divided equally.
3. statement of the spouse
Your spouse can comment on the application. They can object to the divorce or agree to it. If they agree to the divorce, they do not need their own lawyer. If they wish to submit their own applications (for example maintenance), they will need a lawyer.
4. calculation of the pension equalization
The family court then sends both spouses the forms for calculating the pension rights adjustment
5. divorce hearing and decision
Both spouses must be present in person at the divorce hearing. The hearing usually lasts a quarter of an hour. The spouses are asked whether they wish to divorce. The divorce decree is then issued. If both spouses are represented by a lawyer, you can declare a so-called waiver of rights, in which case the divorce takes effect immediately. Otherwise it will take four weeks.
Peace and children take center stage.
Frequently asked questions about divorce
Do I need a lawyer?
Yes, divorce law requires a lawyer. Your divorce petition must therefore be submitted by a lawyer.
What is the separation period?
For you to be able to get divorced, your marriage must first have broken down. Why you want to get divorced or who is to blame for the divorce is not relevant. The only requirement is that your cohabitation no longer exists and that it is unlikely to be restored.
If both spouses want a divorce, one year of separation is sufficient. If only one of you wants a divorce, a three-year separation is required. There are exceptions here. The year of separation begins when one of the partners moves out. If you continue to live under the same roof, you must strictly divide up your lives and may no longer live them together. A brief attempt at reconciliation does not interrupt this separation
.Divorce petition
The divorce petition can be filed by either of the spouses. However, this petition is filed via the lawyer. Our divorce lawyers will first provide you with detailed divorce advice.
Required documents
- You will need a written power of attorney and some documents.
- Your names and the addresses of the spouses
- the last common place of residence
- the date of separation
- details of your income situation
- Names, dates of birth and addresses of the children you have together
- Marriage certificate or family register
- the birth certificates of the minor children and
- also the completed forms for pension equalization
- Marriage contracts, divorce settlement agreements
- Legal aid documents
Procedure of the divorce proceedings
We will file the application on your behalf. The court will then ask you to pay what is known as an advance on court costs. As soon as this has been paid, the court will formally serve your partner with the divorce petition. The family court will then schedule a divorce hearing, which you both usually have to attend in person. You will both be heard and the divorce decree will then be issued.
What do I have to do after the divorce?
The subject of divorce is not over after the decree. You can then change your name, identity documents, car registration, inform your employer and the tax office, separate joint insurance policies and accounts, and revoke powers of attorney.
In addition, you can assert so-called divorce cases in court:
- Custody and access rights
- child maintenance
- Separation and post-marital maintenance
- equalization of gains
Both partners, same lawyer: cheaper!
It is sufficient for one of the spouses to instruct a lawyer. You can agree that you will jointly bear the lawyer's fees. This reduces the fee to be paid by each spouse to half. This option is particularly suitable for amicable divorces.
However, the "joint lawyer" is only the lawyer of the spouse instructing the lawyer. If you feel uncomfortable here, you should always instruct your own lawyer.