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Free Guide to Hiring a Family Lawyer
Browse our 4 legal questions about Family in Germany and the lawyer answers, or ask your own questions for free.
Dear Sir, If you have been living apart since 2021, you can file for divorce, as the year of separation has expired. In principle, one of you must hire a solicitor to file for divorce. As issues such as maintenance...
Read full answerHello and thank you for your inquiry. There are several options, but all of them require careful consideration of the background. We would be happy to arrange an appointment for an initial consultation at short notice, which we can conduct...
Read full answerYou absolutely need a Marriage Certificate. These days, an Affidavit is not considered sufficient proof of a marriage.
Read full answerFamily law in Schwandorf, which is part of the state of Bayern (Bavaria) in Germany, covers the legal relationships within families, including rights and responsibilities between spouses, registered partners, parents, and children. Typical areas include marriage and partnership, separation and divorce, parental custody and visitation rights, maintenance (alimony and child support), and division of marital property. The courts in Schwandorf apply the German Civil Code (Bürgerliches Gesetzbuch, BGB) and associated family law statutes, while taking into account local procedures and services available in the Schwandorf district.
While some family matters can be handled informally, involving a lawyer is highly recommended for most family law situations. Common reasons include:
A lawyer guides you through legal processes, represents you in court, protects your rights, and ensures that your interests are properly presented.
Family law in Schwandorf is governed by national legislation including the German Civil Code, the Family Court Law, and specific statutes such as the Maintenance Law, the Child and Parental Custody Law, and laws regarding protection against violence. Local courts (Amtsgericht Schwandorf) handle family matters such as divorces, custody, and maintenance applications.
In Bayern, like elsewhere in Germany, compulsory mediation and conciliation may be required before certain family court processes. Local youth welfare offices (Jugendamt) play a major role in child custody and support cases. Regional cultural and social factors specific to Schwandorf and the broader Bavarian context might influence the handling of family law cases.
Germany follows a "breakdown of marriage" principle. Generally, married couples must be separated for at least one year before filing for divorce. If one spouse contests the divorce, the separation period may extend to three years.
German law prioritizes the best interests of the child. Joint custody is generally favored unless there is a risk to the child's wellbeing. The court considers both parents' abilities, the child's wishes (depending on age), and input from the local Jugendamt.
Either parent can apply for child support (Kindesunterhalt). Amounts are determined by the Düsseldorfer Tabelle, a standard guideline across Germany. The Jugendamt can help enforce support obligations.
While you may represent yourself in simple cases, at least one party must have a lawyer for the divorce to proceed in family court. Legal advice is strongly recommended especially if children, property, or maintenance are involved.
Germany follows the "community of accrued gains" principle. Each spouse keeps what they brought into the marriage, and only gains made during marriage are split in case of divorce, unless a marriage contract stipulates otherwise.
You can seek immediate help from the police and apply to the local court in Schwandorf for a protection order under the German Protection Against Violence Act (Gewaltschutzgesetz). Social services and counseling are also available locally.
The Jugendamt is automatically informed in custody disputes involving children. They will conduct interviews, make recommendations, and act as an independent advocate for your child's welfare in court proceedings.
Adoptions are processed through the local family court and involve several steps, including suitability assessments, home studies, and court approval. Both the Jugendamt and adoption agencies are involved in the process.
Unmarried parents have similar parental authority and maintenance rights as married couples, but some steps such as establishing legal paternity may be necessary. The Jugendamt can provide assistance with acknowledgments and custody arrangements.
Yes, both custody and maintenance orders can be changed if circumstances have significantly changed. You will need to file an application with the family court and provide evidence for the requested modification.
Several local and national bodies provide assistance and information regarding family law matters in Schwandorf. Useful resources include:
If you need legal assistance with a family law matter in Schwandorf, begin by gathering all relevant documents such as marriage certificates, birth certificates, income records, and any previous legal orders. Consider scheduling a consultation with a qualified family law attorney in Schwandorf to discuss your situation and understand your options. You may contact the local Jugendamt or counseling services for support with child-related questions. If costs are a concern, ask about eligibility for legal aid. Take notes on your situation to help your lawyer provide you with the best advice and representation possible.
