Best Divorce & Separation Lawyers in St. Gallen

About Divorce & Separation Law in St. Gallen, Switzerland

Under Swiss law, either spouse can apply for a divorce or separation in the instance where they both agree on the divorce. In St. Gallen, like the rest of Switzerland, there are distinct types of divorce: mutual consent and contested divorce. Mutual consent refers to cases where both parties agree to terms of the divorce, whilst a contested divorce involves one party filing against the other due to a specific disagreement. Divorce and separation proceedings deal with matrimonial property, alimony, child custody and visitation rights. The process can be complex and emotionally draining, therefore seeking legal advice is recommended.

Why You May Need a Lawyer

Having legal representation during divorce or separation proceedings is crucial. A lawyer can guide you through the legal complexities, ensuring your rights and interests are protected. In situations involving child custody, alimony, division of property and financial assets, it's beneficial to have experienced legal counsel to prevent unfair settlements. Additionally, a divorce lawyer is essential if the divorce is contested or if there are substantial assets involved.

Local Laws Overview

In St. Gallen, Swiss matrimonial property law applies. This means that acquired assets during the marriage are divided equally amongst spouses, excluding personal belongings and assets brought into the marriage. Child custody is usually awarded to one parent, with the non-custodial parent granted visitation rights. Alimony payments can be made to the spouse that has less financial capability, and child support is typically shared amongst parents. Understanding these specific nuances is critical during divorce or separation proceedings.

Frequently Asked Questions

What is the legal ground for divorce in St. Gallen?

Swiss law recognizes irretrievable breakdown of the marriage as legal ground for divorce. This can be ascertained if the spouses have lived apart for at least two years or if one spouse no longer wishes to remain married and there is no hope of reconciliation.

Can I file for divorce in St. Gallen if I didn’t get married there?

Yes, Swiss law permits you to file for divorce in St. Gallen, provided you or your spouse are resident in Switzerland or a Swiss national.

Who gets custody of children?

Swiss courts prioritize the child's best interests when deciding custody. Joint custody is common, however, one parent may be granted sole custody if it's in the child's best interest.

How is property divided?

According to Swiss law, all property acquired during the marriage is split equally. However, personal belongings or assets brought into the marriage won't be divided.

How is alimony determined?

Alimony is determined based on the financial situation of both spouses. A spouse may be required to make payments if they possess more financial resources.

Additional Resources

For assistance with Divorce & Separation in St. Gallen, the Swiss Bar Association provides a directory of lawyers specializing in Family Law. The Canton of St. Gallen’s Justice Department can provide information on local court procedures and laws. Online resources such as www.ch.ch provide valuable information on divorce & separation laws in Switzerland.

Next Steps

If you require legal assistance, contact a family law attorney in St. Gallen. Prepare a list of questions and bring all relevant documents. Furthermore, stay informed about the Swiss divorce process to ensure your rights are fully protected. Legal proceedings can be complex; professional legal advice will help streamline the process.