Service Finder
Claiming divorce maintenance
Service Description
In principle, you and your former spouse are initially obliged to provide for your own maintenance on your own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a claim for maintenance.
If you are unable to reach an agreement with your divorced spouse on an appropriate amount of maintenance, you can assert your claim for divorced 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 divorce maintenance can only be filed by a lawyer. This does not apply to proceedings for a temporary injunction. The lawyer appointed by you will determine which family court has local jurisdiction for you.
- The course of the court proceedings is essentially based on the rules governing civil proceedings.
- The court may order you and your former spouse to provide information about their respective income, assets and personal and economic circumstances. If you or your former spouse do not comply with this order within the set time limit, the court may independently obtain information, for example from employers or insurance companies.
Requirements
- the spouses are legally divorced
- There is a legal requirement for alimony, e.g. alimony due to child care, old age, illness, unemployment, supplementary alimony.
- Entitlement existed at the time of divorce
- Need according to the marital living conditions
- you must be needy.
- Your income and your payment obligations as well as the obligation to your own gainful employment are decisive here.
- the claimant must be capable of paying
Which documents are required?
- Proof of income, assets and personal and economic circumstances
- if necessary, further documents to be determined by the court
- if applicable, written assurance that the information provided is true 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 legal deadlines.
Processing duration
The processing time depends on the circumstances of the individual case. In proceedings on the merits, the processing time is generally around 3 to 6 months; in more complex proceedings, it may be longer.
Proceedings by way of temporary injunction generally take 3 to 6 weeks to complete.
Legal basis
- §§ 1569 to1586b German Civil Code (BGB)
- § Section 111 number 8 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 112 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 113 (1) to (3) and (5) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ Sections 231 to 248 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
Applications / forms
- The court's order requiring the parties to provide information is not independently appealable.
- An appeal is possible against a final decision of the court. For this purpose, the value of the subject matter of the appeal must generally exceed EUR 600.00. The appeal must be filed with the court of remission by a lawyer within one month.
- If the court has only provisionally decided on maintenance by way of a temporary injunction, there is no legal remedy against this.
Appeal
Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: if ordered
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Federal Ministry of Justice
Professionally released on
14.12.2021
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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