Which court hears the divorce cases

Divorce appointment in court: what do I have to consider?

Your divorce petition is a prerequisite for the family court to set a date for a divorce. In it you apply for a divorce from your spouse. With your application for divorce, it is largely in your own hands to determine the course of the divorce proceedings.

Alternative 1: Divorce by mutual consent

Ideally, you are going through the amicable divorce with the consent of your spouse. If possible, you have any consequences of divorce, such as spousal support, profit compensation or contact rights in one Divorce Consequences Agreement out of court and above all inexpensive regulated. In this case, the only thing left for the court to rule on is your divorce. If the year of separation is undisputed and the pension adjustment has been settled, the family court will decide on your divorce.

Alternative 2: dispute divorce

If you or your spouse are unable to settle the divorce by mutual agreement, the divorce will result in a litigation. Dispute divorces delay not just that Course of the divorce proceedings, but also shape the course of the procedure. If, for example, you request that the court also rule on your entitlement to post-marital spousal maintenance, you are arguing. In this case, it is usually the case that your spouse will respond to your application when requested by the family court and you will respond to it in turn. You must discuss the respective briefs with your lawyers in advance and submit them to the court through your lawyers. Only when the court has the impression that the dispute has been discussed will it set a divorce date.

In the divorce date, the court has in principle two possibilities. It can decide on your divorce and at the same time on your entitlement to spousal support. It will then decide on the divorce and either accept or reject your entitlement to spousal support. However, it can also decide on a divorce on its own and negotiate the maintenance of the spouse in a separate procedure. It then dissolves the combination of both procedures. How to proceed in each individual case is therefore a strategic decision that you should discuss with your lawyer. Since every litigation divorce case is different, it is difficult to make blanket recommendations.