Best Family Lawyers in Giessen

About Family Law in Giessen, Germany

Family law (Familienrecht) in Giessen, Germany, covers a broad spectrum of legal matters involving family relationships, such as marriage, divorce, child custody, child and spousal support, and division of assets. Governed primarily by the German Civil Code (Bürgerliches Gesetzbuch, BGB), family law is implemented at a local level by the family courts (Familiengerichte) in Giessen. The local context offers specific processes for seeking legal advice, filing court petitions, and accessing support services for individuals facing family legal matters.

Why You May Need a Lawyer

There are several situations where seeking professional legal support in family law is important. Some frequent scenarios include:

• Divorce or Separation: Navigating the legal grounds, financial arrangements, and obligations when ending a marriage or partnership.
• Child Custody and Visitation: Ensuring fair arrangements for parental care and contact with children.
• Child and Spousal Support: Calculating and enforcing financial support obligations.
• Division of Assets: Handling the separation of property and debts after a relationship ends.
• Domestic Violence: Seeking protection orders and legal remedies in cases of abuse.
• Paternity and Parental Rights: Addressing disputes regarding legal parentage and parental responsibilities.
• Adoption: Guiding families through the legal process of adopting a child.

Family law issues are often emotionally charged and complex. A lawyer ensures your rights are protected and helps navigate the local court system in Giessen.

Local Laws Overview

The city of Giessen applies German federal family law, but local court procedures and support services may have specifics that affect your case. Key areas include:

• Marriage and Partnership: Registration and dissolution of marriages and registered partnerships follow German law.
• Divorce: Divorce is possible after a year of separation, and spouses can file at the Giessen family court. Issues like custody, maintenance, and division of property are decided here.
• Custody and Parental Responsibility: In most cases, joint custody is preferred, unless the child’s best interest suggests otherwise.
• Child Support: Determined by the “Düsseldorfer Tabelle” (a national standard), which guides judges in setting child maintenance payments.
• Domestic Violence: Victims can seek immediate protection measures from the local court, such as restraining orders.
• Adoption: Prospective parents must follow detailed procedures with youth welfare offices and the court.

The Giessen family court (Familiengericht Giessen) is the main authority where most family legal disputes are handled.

Frequently Asked Questions

How can I file for divorce in Giessen?

You can file for divorce at the Giessen family court after being separated from your spouse for at least one year. It’s advisable to consult with a lawyer to prepare and submit the necessary documents.

Who gets custody of the children after a divorce?

Generally, both parents retain joint custody unless it’s determined to be against the child’s best interests. The court decides based on the child’s welfare.

How is child support calculated?

Child support is determined using the “Düsseldorfer Tabelle,” which takes into account the income of the paying parent and the child’s age.

What should I do if my ex-partner refuses to pay child support?

You can apply for enforcement through the family court or seek assistance from the local youth welfare office (Jugendamt) to secure the payments.

Am I entitled to spousal support after divorce?

Spousal support may be awarded in certain cases, especially if one partner cannot support themselves due to childcare duties, age, or illness.

What protections are available in cases of domestic violence?

Victims can request immediate protective measures, such as restraining orders and removal of the perpetrator from the shared residence, through the Giessen family court.

How do I establish paternity in Giessen?

Paternity can be acknowledged voluntarily at the registry office (Standesamt) or determined by a court procedure if disputed.

Can unmarried parents get joint custody?

Yes, if both parents agree and make a formal declaration at the youth welfare office. Otherwise, the mother initially has sole custody.

How is marital property divided upon divorce?

Typically, property acquired during the marriage is subject to equitable distribution, considering assets and debts accumulated jointly, unless a prenuptial contract states otherwise.

What documents do I need for adoption?

You will need proof of identity, income statements, a certificate of good conduct, health certificates, and sometimes home studies, which are processed via the local youth welfare office.

Additional Resources

• Giessen Family Court (Familiengericht Giessen): Handles all official family law cases including divorce, custody, and support.
• Youth Welfare Office (Jugendamt Giessen): Provides guidance and support for children’s welfare, mediation, and child support enforcement.
• Local Bar Association (Rechtsanwaltskammer Frankfurt am Main): Helps you find qualified family law attorneys in the Giessen area.
• Women’s Counselling Centers: Assist victims of domestic violence and offer legal advice and emotional support.
• Consumer Advice Center (Verbraucherzentrale Hessen): Offers initial legal guidance and resources on various family law topics.

All these institutions can offer information, referrals, and in some cases support for your legal process in Giessen.

Next Steps

If you require legal assistance in family law in Giessen, consider the following steps:

1. Gather all relevant documents (marriage certificate, birth certificates, income proof, correspondence).
2. List your questions and goals-for instance, custody arrangements, support, or asset division.
3. Contact the Giessen family court or youth welfare office for initial information or forms.
4. Consult a qualified lawyer-seek recommendations from the local bar association or referrals from the youth welfare office. Many attorneys offer an initial consultation to discuss your case.
5. Explore mediation as an alternative to court, especially for custody and visitation issues, to reach amicable solutions.
6. For urgent matters (like domestic violence), seek immediate help from the police or a local counselling center.

Addressing family legal matters can be emotionally and legally challenging. Professional legal support ensures your interests are protected and helps you understand the local processes and your rights under family law in Giessen.