Online divorce or in person?

“Online divorce” is not a separate procedure

The term easily misleads. German law knows no separate “online divorce” with rules of its own. What is meant is an entirely normal divorce, only the cooperation with the firm is handled digitally.

Specifically that means: hiring the practice, exchanging documents and the ongoing communication happen online, by email or by telephone instead of at the office. The proceedings themselves, the substantive law and the lawyer’s role stay the same as in any other divorce.

The court hearing stays in person

The most important point, which many underestimate: even where matters are handled digitally, the court divorce hearing takes place. Both spouses must in principle appear in person before the Familiengericht (family court) for it and are heard in person (§ 128 FamFG).

The court wants to form its own picture of whether the marriage has failed (§ 1565 BGB) and whether both want the divorce. That hearing cannot be replaced by forms. A divorce “completely online, without any court hearing at all” therefore does not exist as a rule.

What runs digitally is only the preparation, while the hearing itself stays unchanged. What you save online is journeys and correspondence time up to that point; the trip to the court is not dispensed with.

The same law, the same costs

Legally and financially, too, the form changes nothing about the fundamentals.

The same mandatory representation applies (§ 114 FamFG): only someone represented by a lawyer can file the Scheidungsantrag (divorce application), online as offline. And the same substantive law applies; handling things digitally makes no requirement easier or harder.

The costs follow the value in dispute (FamGKG) and the RVG identically. An online divorce is therefore not cheaper as such. It can save journeys and time; the statutory fees stay the same.

When does an online divorce make sense?

For many clients the digital form is noticeably more convenient. Its strengths show above all where the matter is clear.

• Independent of location and flexible: you settle everything from home, without appointments at the office.
• Fast communication: documents and queries run directly, without postal routes.
• Good for uncomplicated, amicable cases: where there is agreement and no contested ancillary matters are pending.
• Practical for clients living abroad: the preparation works regardless of where you live.

The combination of agreement and a simple financial position in particular makes the digital route attractive: here there is little to discuss that cannot be clarified just as well in writing or by telephone.

When is advice in person more sensible?

Practical as the digital form is: there are constellations in which a conversation in person is clearly at an advantage. Many-layered or conflict-laden cases live on questions, undertones and joint clarification at the table.

• Where there is conflict between the spouses or foreseeably opposing interests.
• Where assets are large or intricately structured, for instance property, a business or shareholdings.
• Where questions of maintenance or Sorgerecht (custody) are open.
• Where there is an international element, for instance residence or nationality abroad.
• Where you want a confidential, clarifying conversation in order to take stock of your situation in peace.

Which route suits you?

The choice between online and in person is not a question of “modern” against “old-fashioned” and not a marketing promise. It simply depends on how your case lies and on what matters to you.

Where the matter is amicable and manageable, the digital route saves time and journeys. Where it is about conflict, larger values or simply the need for a person across the table, the conversation on site is the better basis. We offer you both routes and tell you openly which makes more sense for your case. The decision is yours, and you do not have to take it at the outset: many start digitally and then come to the office after all for the conversation about the ancillary matters.

Read on

What specifically runs online on the digital route and where the limit lies is set out under online divorce. Where you agree, it is worth looking additionally at the amicable divorce; that page also sets out what can be settled in advance and in what form.

On the court hearing, which takes place in person in either case: the divorce hearing: how it runs in court. Whether the digital route speeds up the proceedings is calculated by how long does a divorce take?. And that the firm’s location plays no part in jurisdiction anyway is explained by does my divorce lawyer have to be based in my city?.

Which route suits your case we tell you in the first conversation, and switching is possible at any time. Appointments take place at Frankenallee in Frankfurt-Gallus or by video, in German, English or Spanish as you prefer.