Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Divorce and separation in Kitzingen follow German family law, which is largely uniform across the country and applied locally by the family court. Most couples must complete a one year separation before a court will grant a divorce. During and after separation, issues such as child custody, parenting time, child support, spousal support, the marital home, asset division, and pension rights are addressed. The family court division at the local district court handles these matters, and local public agencies such as the Youth Welfare Office provide support and counseling. Because procedures are formal and outcomes affect long term finances and parenting, early legal guidance is valuable.
You may need a lawyer if you want to file for divorce, if there are disagreements about children or money, or if you need urgent protective measures. The spouse who files the divorce petition must be represented by a lawyer in court, and the other spouse will also need a lawyer to make any applications or to conclude a binding settlement. A lawyer helps you document the separation date, prepare the divorce petition, calculate child and spousal support, negotiate a parenting plan, manage the division of assets and debts, address the marital home, and navigate pension rights equalization. Legal advice is especially important when there is a business, self employment, significant property, international elements, domestic violence, or a residence permit that may depend on the marriage. A lawyer can also coordinate with mediators, notaries, the Youth Welfare Office, and the pension authority to achieve a complete and enforceable solution.
Separation and divorce timeline. In most cases you must live separately for at least one year before a divorce can be granted. The separation can be under one roof if you lead clearly separate lives, for example separate bedrooms, separate finances, and separate household routines. If one spouse does not consent to the divorce, a breakdown of the marriage is presumed after three years of separation. In rare hardship cases, a divorce can occur earlier.
Marital property regime and asset division. The default property regime is called accrued gains community. Each spouse keeps their own property. At divorce, the increase in net assets during the marriage is compared, and a financial equalization claim may arise for the spouse with the lower gain. Prenuptial or separation agreements can change this if they meet legal requirements. Household items and the marital home are allocated based on need and fairness, not automatically sold.
Marital home and household contents. During separation, one spouse can request exclusive use of the home if necessary to avoid undue hardship, especially where children are involved. Household items are divided according to use and fairness. Ownership and responsibility for mortgages or rent need careful handling to avoid credit issues.
Children, custody, and parenting time. Parents usually keep joint custody after separation and divorce. Day to day residence and parenting time are guided by the child’s best interests, stability, and the ability of parents to cooperate. If parents cannot agree, the family court decides after hearing both parents, the Youth Welfare Office, and if appropriate the child. Relocations that affect contact typically require agreement or a court decision.
Child support and spousal support. Child support is calculated using the paying parent’s income and the child’s needs. Courts and lawyers use established guidelines such as the Duesseldorf Table as a reference. Spousal maintenance can be owed during separation and sometimes after divorce, depending on income differences, care of young children, illness, or unemployment. Both child and spousal support require complete financial disclosure.
Pension rights equalization. German law usually splits pension entitlements that accrued during the marriage. The court obtains statements from the pension providers and divides the pension rights so that each spouse leaves the marriage with equal pension accrual for the marital period.
Procedure and jurisdiction. The divorce petition is filed with the family court that has local jurisdiction, often the court where minor children live, or otherwise linked to the respondent’s residence. The court language is German, and foreign documents typically need certified translations. A divorce settlement can be recorded in court or notarized to be binding.
Costs and legal aid. Court and lawyer fees are set by statute and depend on the value of the case, which is based mainly on income and the scope of issues. If you cannot afford the costs, you can apply for legal aid for family proceedings. You must disclose your finances and the court will assess your eligibility.
Protection in urgent cases. In cases of domestic violence or stalking, the court can issue protection orders and allocate the home under the Protection Against Violence Act. The police and local support organizations can help you gather evidence and act quickly.
International and immigration aspects. If you or your spouse are from different countries or have lived abroad, international jurisdiction and applicable law may be relevant. Spouses with residence permits based on marriage should consult the local immigration office early to understand rights after separation.
In most cases you need one full year of separation. Separation can be in different homes or under one roof if you live separate lives. If your spouse does not agree to divorce, the court presumes the marriage has broken down after three years of separation. Hardship cases can allow earlier divorce, but the threshold is high.
No, but you must clearly separate your daily lives. That means separate bedrooms, no cooking for each other, separate finances, no joint leisure time as a couple, and ideally an agreed separation date. Evidence of separate living is helpful if the separation is disputed.
Either spouse can ask for exclusive use if joint living is unreasonable, especially when children need stability. Ownership or lease rights do not automatically decide who stays. The court weighs needs, including proximity to schools and work. Mortgage or rent obligations continue as agreed with the lender or landlord, so get advice before making changes.
Parents usually retain joint custody. If disputes arise, the court decides based on the child’s best interests, continuity, willingness to cooperate, and the child’s wishes depending on age and maturity. The Youth Welfare Office is involved and may suggest support services or mediation. Sole custody requires specific reasons such as persistent high conflict or endangerment.
Child support depends on the paying parent’s net income and the child’s age. Courts use the Duesseldorf Table and regional practice to set amounts, adjusting for parenting time and special needs. The parent receiving support usually handles day to day costs. Accurate income documentation is essential, including bonuses, self employment earnings, and benefits.
During separation, the financially stronger spouse may owe separation maintenance. After divorce, maintenance is only owed in defined situations, such as caring for young children, illness, unemployment despite efforts, or to compensate for marriage related disadvantages. The amount depends on need and ability to pay.
The default regime means each spouse keeps what belongs to them, but the increase in net assets achieved during marriage is compared. The spouse with the lower increase can claim half the difference as a cash payment. Debts and initial assets are considered. Proof of assets at marriage and separation dates is very important.
Pensions accrued during marriage are split so each spouse gets equal pension rights for the marital period. The court requests information from pension providers and orders internal transfers to balance the entitlements. This happens even if you settle other issues, unless both waive it with proper advice and the court approves.
The spouse who files the divorce must have a lawyer. The other spouse needs a lawyer to make applications or to finalize a binding settlement. Without a lawyer, the respondent can only consent to the divorce but cannot effectively protect interests in support, property, or custody.
Costs depend on the statutory value of the case, which is based on income and the scope of issues such as support, property, and pensions. Lawyer and court fees are calculated by law. If you have low income, you can apply for legal aid for family proceedings. You must provide financial documents, and the court may grant full or partial aid.
Family court. The family matters division at the local district court in Kitzingen handles divorces, custody, support, and protection orders. Court staff can explain procedures but cannot give legal advice. Filings and hearings are conducted in German and formal deadlines apply.
Youth Welfare Office. The Youth Welfare Office at the Kitzingen district administration provides counseling on custody, parenting plans, and child support. It can help arrange mediation like conversations with both parents and can advance child support under the child support advance scheme when the other parent does not pay.
Legal representation. Look for a specialist family lawyer in Kitzingen or nearby cities. The regional bar association maintains lawyer directories and can indicate lawyers with the specialist title in family law.
Counseling and mediation. Nonprofit organizations in the region such as Caritas, Diakonie, and pro familia offer family counseling, separation support, and mediation. Mediation can help craft parenting plans and financial settlements efficiently and amicably.
Pension authority. The German Pension Insurance provides information and forms for pension rights equalization and can explain how divorce affects your future pension.
Immigration office. The immigration authority at the Kitzingen district administration is the contact point for residence permit questions if your right to stay in Germany depends on your marriage.
Notaries. Local notaries can notarize separation and divorce agreements covering property, support, and pension rights, or you can have a settlement recorded by the court during the divorce hearing.
Clarify your goals. Decide what you need on children, home, support, and property. Note the separation date and keep evidence of separate living if under one roof.
Gather documents. Collect marriage and birth certificates, identity documents, proof of income for the last 12 months, tax assessments, bank and debt statements, pension information, insurance policies, property and vehicle titles, tenancy or mortgage agreements, and any existing agreements or court orders. If applicable, collect residence permit information.
Consult a family lawyer. Arrange an initial consultation with a family law specialist in Kitzingen. Discuss the separation timeline, interim support, parenting arrangements, and whether mediation or a negotiated settlement is suitable. Ask about costs and the possibility of legal aid for family proceedings.
Address urgent issues. If there is violence or intimidation, contact the police, seek medical documentation, and consider a protection order and temporary allocation of the home. For children, contact the Youth Welfare Office early to stabilize parenting time and support.
Plan interim arrangements. Agree on temporary child support, spousal maintenance during separation, and use of the home and household items. Written interim agreements help reduce conflict and provide stability.
Consider mediation. Mediation can resolve parenting and financial issues faster, reduce stress, and lower costs. Settlements reached in mediation can be made binding by notarial deed or recorded by the court during the divorce.
Prepare the divorce filing. Your lawyer will draft and file the divorce petition with the competent family court, request pension rights equalization, and coordinate required disclosures. If you reach a full settlement, the divorce can often be completed in a single brief hearing after the separation year ends.
Review tax and financial planning. Separation and divorce affect tax filings, health insurance, and retirement planning. Coordinate with a tax advisor and adjust beneficiaries and powers of attorney as needed.
Monitor deadlines and compliance. Support usually starts from the date you request it, so act promptly. Keep records of payments and communications. Update the court and your lawyer about changes in income or residence.
This guide gives general information for Kitzingen and the surrounding region. Family law is fact sensitive. For tailored advice and to protect your rights, consult a qualified family lawyer before making decisions or signing agreements.
