Scheidung; Beantragung

The Local Court - Family Court - has jurisdiction for applications for divorce or annulment of a marriage or for a declaration of the existence or non-existence of a marriage (matrimonial matters).

Matrimonial matters are decided by the local court - family court - in whose district one of the spouses and all joint minor children have their habitual residence. This also applies if only some of the joint minor children live with the spouse and no joint minor children live with the other spouse. Otherwise, the court in whose district the spouses last lived together has jurisdiction if one of the spouses still has their habitual residence in this district. If none of these cases apply, the court in whose district the defendant has their habitual residence has jurisdiction, or alternatively the court in the applicant's habitual residence.

Divorce is the most important matrimonial matter. A marriage can only be divorced by a court decision at the request of one or both spouses. The only ground for divorce is the "breakdown" of the marriage. According to the statutory provisions, a marriage has broken down if the spouses' cohabitation no longer exists (diagnosis) and it cannot be expected that the spouses will restore it (prognosis). In order to determine that the marital partnership no longer exists, the marital attitude of the spouses is of primary importance. If one spouse does not wish to continue the marriage with the other, the cohabitation no longer exists. The duration of the separation is of key importance in determining whether the marriage can be expected to be restored.

The law specifies certain conditions under which the breakdown of the marriage is irrefutably presumed. On the one hand, the presumption of breakdown applies if the spouses have been separated for one year and both spouses apply for divorce or the respondent agrees to the divorce. On the other hand, the presumption of breakdown also applies after three years of separation if the other spouse does not agree to the divorce.

A written application for divorce signed by a lawyer (petition) is required for a divorce. The divorce petition can also be submitted as an electronic document. The petitioner must be represented in the divorce proceedings by a licensed lawyer (obligation to be represented by a lawyer). The respondent does not necessarily need a lawyer if he or she does not wish to make any substantive applications in the divorce proceedings (e.g. in the case of a divorce by mutual consent).