Service Description

A marriage can only be divorced in court and only if one or both of the spouses request it. The principle of breakdown applies. This means that if a marriage has broken down, it can be divorced, regardless of which of the spouses is to blame for the breakdown of the marriage.

The breakdown of a marriage is irrefutably presumed if the spouses have been married for at least

  • one year separated and both want a divorce, or
  • three years separated, even if the other spouse does not want a divorce.

In the run-up to and as a prerequisite for a divorce, various matters must be settled. In particular, the spouses must declare whether they agree on

- the exercise of parental care,

- contact and maintenance for joint minor children,

- on spousal maintenance,

- the whereabouts of the marital home and

- the division of the household

have reached an agreement.

Together with the divorce, a decision is also made on the equalization of pensions, i.e. on the division of the pension rights acquired during the marriage, and, if applicable, on matrimonial property law matters, in particular on the equalization of gains. You can obtain detailed information and advice from the lawyer you trust.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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