If you want to file for divorce, you need a lawyer to submit the relevant application to the family court. Save costs with an agreement on the consequences of divorce: In the case of a divorce, there are always follow-up matters to be settled, including, for example, maintenance claims, the division of household goods, or custody of the children. Arrange these in advance and record the agreements in a notarized divorce consequences agreement. This saves time and costs.
How does a divorce work?
Divorce is a highly standardized procedure, ranging from applying to the divorce decision.
Divorce application
The family court of the spouses’ last joint residence is usually responsible for this. Since you cannot file the divorce application on your own, you must hire a lawyer to do so. The actual divorce proceedings begin with the application for divorce.
If you file for divorce, you will have to make an upfront payment and pay the expected court costs. Once the divorce becomes final, the court calculates the exact cost of the divorce and usually obliges your partner to pay you half. In most cases, the state will reclaim this subsidy in installments later.
The course of the divorce proceedings
Spouses who want to divorce are often unsure of what to expect and what to expect in divorce proceedings. Here you will get an overview of the procedure from applying for the appointment at the family court.
Step 1: Beginning of the procedure with the application for divorce
Divorce proceedings begin with your divorce lawyer applying for divorce with the competent family court. At least one spouse files for divorce. The court costs must be paid with the divorce application – otherwise, the family court will not serve the divorce application on the other spouse. The family court serves the divorce application to the other spouse, requesting a statement.
Step 2: Obtaining the pension information from the family court
The family court then sends the questionnaires to equalize pension benefits to those involved. Four of these questionnaires must be carefully completed and submitted to the family court. Attention: in the case of a short marriage, pension equalization only takes place at the request of one spouse. The family court writes to the pension provider and determines the pension entitlements acquired during the marriage. This process usually takes at least three months.
If necessary, the pension insurance institutions will contact you or your spouse directly to clarify any gaps. If all the information is available, the family court will send the parties involved a draft of the intended decision on equalizing pensions.
Step 3: Divorce appointment at the family court
Both spouses must appear in person for this when the parties involved are summoned to an oral hearing at the family court, those affected often become nervous and excited. In such cases, the appointment with the family court often lasts no longer than 10 to 30 minutes.
The family court examines the existence of the divorce requirements. If these are given, the family court pronounces the divorce. If a lawyer represents both spouses and if the matter is amicable, the appeal waiver can be declared immediately, and the divorce can be made final.
Step 4: Legal force of the divorce decree
If the divorce decree is not made legally binding at the appointment, the family court will serve it on the parties involved without notice of legal force. From this point in time, an appeal period of one month runs, within which the decision can be challenged by appealing to the Higher Regional Court.
If an appeal is not filed, the decision will be served on the parties involved with a notice of legal force. This is to be kept well. It serves as proof of their singleness for those involved. The legally binding divorce decree will have to be presented again and again in different life situations. You can go back to your maiden name and marry if you wish. Divorce attorney in Birmingham will help you in this situation.
