About Divorce & Separation Law in Berlin, Germany
In Berlin, the principle governing divorce is "no-fault" meaning that a spouse does not need to prove any instances of wrongdoing by the other. Divorce can be obtained after a year of living apart if both parties consent, or after three years if only one party agrees. During a divorce, issues such as marital property, child custody, alimony, and child support all come into play and is determined by the court.
Why You May Need a Lawyer
Given the complex nature of marital laws, having a lawyer can be crucial in ensuring that your rights are protected. Lawyers can aid you in filing necessary documents, negotiating terms of child custody, alimony, and property division and representing you in court if required. Moreover, despite the emotional roller-coaster associated with divorce, a lawyer can provide unbiased advice.
Local Laws Overview
In Berlin, a divorce must be authorized by a judge at a family court after at least one year of marital separation. You and your spouse are regarded as separated if you no longer reside together and at least one of you intends to dissolve the marriage. The 'equal division of growth' rule applies to property obtained during the marriage. However, for alimony, individual circumstances, including income, longevity of the marriage, and living costs, are taken into account.
Frequently Asked Questions
1.How long does the divorce process take in Berlin?
The duration typically depends on the complexity of the case and the speediness of the court. In simple cases, it can take six to nine months after the initial filing.
2.Do I need to hire a lawyer for a divorce?
While it's not obligatory, it's highly advised due to the legal complexities of divorce proceedings.
3.How is child custody determined in Berlin?
In most instances, it is ideal for both parents to share custody. However, if this is not in the best interest of the child, sole custody may be granted.
4.Can I claim alimony after divorce in Berlin?
Yes. Alimony is calculated based on situational factors, including income, duration of the marriage, and living costs.
5.How is the marital property divided in Berlin?
The 'equal division of growth' rule applies, but exceptions exist if this leads to unequal hardships.
Additional Resources
The central body for Family Court matters in Berlin is the 'Kammergericht.' They have helpful resources on their website. Additionally, the 'Federal Ministry of Justice and Consumer Protection' and 'Federal Office for Migration and Refugees' provide comprehensive guides on family law.
Next Steps
If you find yourself needing legal assistance in a divorce or separation, start by consulting a local family law attorney who can guide you further. Make sure you understand your rights, responsibilities, and options in your specific situation.
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