Scheidungsantrag

Scheidungsantrag is the formal petition to obtain a divorce in German civil law. It is typically filed with the Familiengericht at the Amtsgericht that has jurisdiction, usually in the district where the spouses last lived together. The petition can be submitted by one spouse alone or jointly by both. A Scheidungsantrag should include essential information such as the personal data of both spouses, the date and place of the marriage, current addresses, details about any children (custody, living arrangements, and maintenance proposals), and the reasons for the alleged breakdown of the marriage. It may also address matters tied to the divorce such as asset division, pension rights (Versorgungsausgleich), and child support. Supporting documents, like the marriage certificate, are typically attached.

In Germany, the grounds for divorce are tied to the irretrievable breakdown of the marriage. In general, a one-year separation (Trennungsjahr) is required before a divorce can be filed; there are exceptions if the court finds the marriage to be irretrievably broken or if there are other compelling circumstances. The procedure is conducted by the court and involves notifying the other spouse, possible hearings, and the consideration of matters such as custody, alimony, and the Versorgungsausgleich. Legal representation is commonly required in divorce proceedings, and fees for court and counsel apply.

The divorce is finalized by a court decision (Scheidungsbeschluss or Urteil) once the court determines that the marriage is irretrievably broken. After the divorce, the spouses’ legal relationship ends, while issues like custody, child support, and the distribution of assets may be settled in separate orders or later agreements.