Best Divorce & Separation Lawyers in Stuttgart

About Divorce & Separation Law in Stuttgart, Germany

Divorce and Separation laws in Stuttgart, Germany, are consistent with the overall German Federal Laws. These laws are principally fault-based, however, under certain conditions, spouses may be granted a divorce on no-fault grounds as well.

Why You May Need a Lawyer

Getting divorced or separated can be an emotionally draining process, and dealing with the aspects concerning property, spousal support, and child custody can result in additional stress. In such situations, seeking legal help from an experienced lawyer helps ensure due process is followed and your rights are protected.

Local Laws Overview

The key aspects of local laws in Stuttgart, Germany for Divorces and Separation revolve around aspects such as grounds for divorce, division of property, spousal support, and child custody & support. In case of marital property division, the law follows the guidelines of statutory matrimonial regime of "Zugewinngemeinschaft". This means, all assets and debts acquired during the marriage are to be split equally between both parties at the time of divorce.

Frequently Asked Questions

1. What are the grounds for divorce in Stuttgart, Germany?

While fault and no-fault grounds both exist, the most common and straightforward ground for divorce is a year of separation with the mutual consent of both spouses.

2. How to file for divorce?

A divorce petition has to be filed at the local court (Amtsgericht) in Stuttgart. You require an attorney to do this. The spouse then has two weeks to answer the divorce petition.

3. How is child custody determined?

Generally, German courts favor joint custody unless it is not in the best interest of the child. In such case, sole custody is granted to one parent.

4. How long does the divorce process take?

The duration of the divorce process varies, it typically takes from six months to a year, depending on the complexity of the case and the court’s schedule.

5. Can I get spousal support after divorce?

Yes, dependent on certain conditions including need, earning capacity and circumstances of both parties, the court may grant spousal support after the divorce.

Additional Resources

The German Federal Ministry of Justice and Consumer Protection provides useful legal information related to family law. The country's official portal, bund.de, also offers resources, contacts, and government services related to divorce. Familiengericht (family court) in Stuttgart is where you need to file your divorce case, and it is another relevant place to gain direct legal assistance.

Next Steps

If you require legal assistance in matters of Divorce & Separation, the first step is to find a competent lawyer specializing in Family Law. Ensure you have prepared all requisite documents and with your lawyer, file the divorce petition in your local court (Amtsgericht) in Stuttgart. It is always important to remember to proceed whilst keeping the best interests of the child (if any) in mind.