Service Finder
Claiming divorce maintenance
Service Description
In principle, you and your former spouse are initially obliged to provide for your own maintenance after the divorce. If you are unable to do so after the divorce, you can make a claim for maintenance.
If you and your divorced spouse are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court.
For details, please contact a lawyer.
Further information can also be found in the maintenance guidelines of the higher regional courts.
Process flow
An application for the assertion of divorce maintenance can only be made by a lawyer. This does not apply to proceedings for a temporary injunction. Your appointed lawyer will determine which family court has local jurisdiction for you.
- The course of the court proceedings is essentially based on the regulations governing civil proceedings.
- The court may order you and your former spouse to provide information about your income, assets and personal and financial circumstances. If you or your former spouse do not comply with this order within the set time limit, the court can make independent inquiries, for example with employers or insurance companies.
Competent authority
The family court responsible for you will be determined by the law firm you are instructing.
Requirements
- the spouses are legally divorced
- A statutory maintenance claim exists, e.g. maintenance due to childcare, old age, illness, unemployment, top-up maintenance
- Entitlement existed at the time of the divorce
- Need according to the marital living conditions
- You must be in need.
- Your income and payment obligations as well as your obligation to work are decisive in this respect.
- the other party must be able to pay the claim
Which documents are required?
- Proof of income, assets and personal and financial circumstances
- If applicable, further supporting documents to be determined by the court
- if applicable, written assurance that the information provided is truthful and complete
What are the fees?
- Court costs
- Attorney's fees
- both are essentially based on the value of the proceedings
What deadlines do I have to pay attention to?
There are no statutory time limits.
Processing duration
The processing time depends on the circumstances of the individual case. In main proceedings, the processing time is usually around 3 to 6 months, in more complex proceedings it may be longer.
Proceedings by way of interim injunction usually take 3 to 6 weeks to process.
Legal basis
- §§ Sections 1569 to 1586b of the German Civil Code (BGB)
- § Section 111 no. 8 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 112 no. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 113 (1) to (3) and (5) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ Sections 231 to 248 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
Applications / forms
- The court's order on the parties' duty to provide information cannot be appealed independently.
- An appeal may be lodged against a final decision (final ruling) by the court. As a rule, the value of the object of the appeal must exceed EUR 600.00. The appeal must be lodged within one month by a lawyer with the decree court.
- If the court has only made a provisional decision on maintenance by way of an interim order, there is no right of appeal.
Appeal
Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: if ordered
Further Information
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
04.10.2024
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
