Before the breakup
The necessary precautions should be taken before filing an application for divorce. This is especially the case if the couple’s relationship has been strained for some time. In particular, you should act if you fear that your partner is already removing assets. Therefore, it is advisable to have an overview of the wealth of your family and your spouse. It is important here to secure relevant receipts and documents. After the separation, you have a right to information in the context of the assertion of maintenance claims. Experience shows, however, that the willingness to provide insight into the financial situation is often not given. This means that the right to information often has to be enforced with the help of a divorce lawyer Las Vegas.
Documentation is the key
For this reason, you should collect copies of pay slips for the last twelve months, the last three tax bills, all accounts, life insurance and building society contracts, loan liabilities, notary contracts and other relevant documents.
If you are renting a property, we also recommend that you secure the rental agreement and proof of deposit. If you have given your spouse a power of attorney for your bank account, it is advisable to revoke this as soon as possible. To do this, contact the respective bank and explain to them that you are withdrawing the power of attorney.
After following the steps above, you should make it clear to your spouse that you believe the marriage has failed. It is advisable to document this in writing for evidence purposes, e.g., by a lawyer. This is the only way to prevent your ex-partner from denying that a year of separation has passed when filing the application for divorce. Because the year of separation is a prerequisite for a successful application.
Completion of the separation
The termination of a marriage is carried out by the decision of a family judge. The American Civil Code (BGB) contains the relevant provisions in §§ 1564 ff.
A marriage is considered to have failed if there is no longer any marital partnership. This requires the dissolution of the marital partnership in every respect. As a rule, one of the spouses moves out of the shared apartment or house. If it is not possible to leave the shared marital home because of having children together, you must create a spatial separation within the home. The decisive factor is that the previously existing household now becomes two households (cf. BGH, judgment of June 14, 1978 – IV ZR 164/77 (Las Vegas)). This means, for example, that from now on no care tasks in the household may be taken over for the other spouse. This includes doing laundry, cooking, shopping and a lot more. In addition, with regard to rooms that are still shared, like the kitchen or the bathroom, agreements are made. These should best be documented in writing. Our lawyers will be happy to help you with this.
Divorce only if the marriage fails
It is crucial that American law generally only provides for the possibility of a divorce if the marriage has failed (Section 1565 (1) sentence 1 BGB). This is the case if there is no longer a marital partnership and, moreover, no restoration is to be expected (Section 1565 (1) sentence 2 BGB). This is especially true if the couple lives separately from one another, i.e., if there is no longer a domestic community (Section 1567, Paragraph 1 of the American Civil Code)). The separation of the domestic community may need to be proven, especially if one of the spouses wants a divorce while the other wants to maintain the marriage. In the event of a dispute, a marriage is only irrefutably failed if the (former) spouses have lived separately from one another for three years (Section 1566 (1)).
However, this consideration can be refuted in individual cases. Even if the other spouse wishes to keep the marriage, it may be possible to get a divorce before the three years of separation have passed. This requires a detailed presentation in court by an experienced lawyer. We gladly support you. Contact us directly using our online form or give us a call. The expert team at Right Lawyers is at your side to advise you.
Moving out of a spouse
Moving out of a spouse must be carefully considered, as this action can have several consequences. Especially when children together are involved, moving out without them can have negative effects on the question of the children’s right to determine the residence or even the right to custody. Therefore, this step should be carefully considered. For more information, see the section “Custody and Right to Determine Residence”.
In addition, the question arises as to which spouse may continue to use the formerly shared apartment. If one spouse moves out and shows no serious intention to return, it is assumed that he is transferring his right of use to the other spouse. Therefore, legal advice should be obtained before moving out of the shared apartment.
Filing for a divorce – compulsory lawyer
The application for a divorce must be submitted to the relevant family court. Due to the existing lawyer compulsory before family courts (§ 114), the submission must be made by a lawyer commissioned by you. Legal representation is required both when drawing up the application for divorce and when submitting it, as well as for each appointment before the responsible family court.
If the divorce is amicable, one spouse – represented by a lawyer – submits the application for divorce and the other spouse joins this application. In such a case, no further lawyer is required. However, if the spouses disagree, each person needs their own lawyer.
The following documents are required for your attorney to file the application for divorce:
- Marriage certificate
- Birth certificates of the common children
- Legal power of attorney
- Forms for applying for pension equalization
- Marriage contract or divorce agreement (if any)
- Application for legal aid (if necessary)
Assuming a consensual divorce, the costs of a divorce are quite easy to understand. Because the divorce proceedings costs consist of the legal fees and the court costs incurred. The lawyer’s fees are determined in accordance with the Lawyers’ Remuneration Act in accordance with Section 13 RVG. The court costs are based on § 34 GKG (court costs law).
Overall, the costs are based on the value of the item. This is made up of the spouses’ net income over a period of three months. The number of dependent children and the assets of the spouses also plays a role. However, additional costs can arise in the event of a pension adjustment.
Consequences of separation
A separation or divorce can have far-reaching consequences. Unfortunately, disputes are often to be expected, in which we can offer you legal and interpersonal support.
After a divorce, there may be a claim to spouse maintenance and child benefit. In practice, determining the exact cost often leads to problems that must be resolved by professionals. Our experts will be happy to help you explain the pension equalization that is carried out by the family court.
Child custody & right to determine residence status for children after a divorce
If common children are involved, questions about child maintenance are often relevant as well as questions about custody and the right to determine the place of residence. In particular, issues that are critical to the future of children should be carefully and conscientiously examined. The children’s well-being is always decisive. Therefore, the parents should try to find a friendly solution. Legal advice from an experienced attorney can help here.
As a result of the divorce, the assets of the former spouses will be redistributed. The division of these assets depends on whether the spouses are in a community of gains (Section 1363, which is usually the case unless otherwise specified), in separate property (Section 1414) or in a community of property (Section 1415 if this was agreed in the marriage contract) have lived. In each model, the division of assets after a separation is different and depends on the specific case. To ensure that you are getting what you are entitled to, we advise you to contact our lawyers.