Frequently asked questions about divorce

Amicable means both spouses want the divorce and are in agreement, or close to it, on the key consequences such as maintenance, assets and children. The law presumes the marriage has failed after a year of separation (Trennungsjahr, or separation year) if both of you support the petition.

The court asks for nothing more for the divorce itself.

One lawyer is often enough in this situation, though it isn't mandatory. Only the person who instructs a lawyer is represented by them. The other spouse can consent to the divorce petition but cannot file their own applications, because the same firm may not represent both sides.

Before the court, mandatory legal representation (Anwaltszwang) applies to the petitioning spouse in any case.

An amicable divorce can almost always be handled entirely online too.

More on amicable divorce →

Many people assume these are the same thing. They are not.

Amicable describes how the spouses stand toward each other: the other spouse consents, and there are no major disputes. Online describes only how you get there: submissions, documents and queries are handled digitally.

Every form of divorce can be conducted online today, even a contested one. In-person appointments always remain possible, at no extra cost.

Digitisation does not remove the court hearing itself. Both spouses appear there in person.

The difference in detail →

Yes, under clear conditions. The lawyer never represents both spouses, only the one who instructed them. The other spouse remains unrepresented and cannot file their own applications in the proceedings, but can consent to the divorce petition.

This saves the second fee once there are no, or only a few, ancillary matters to settle.

The model has a downside. The economically weaker spouse may unknowingly give up claims without independent advice — for instance on maintenance, the equalization of accrued gains (Zugewinnausgleich) or the pension rights adjustment (Versorgungsausgleich).

Honest information about exactly these risks belongs in the first conversation, as far as I'm concerned.

More on this →

It starts with the year of separation (Trennungsjahr). The marital relationship must have been suspended for at least one year.

Living apart doesn't necessarily mean living in separate homes: separation is possible even within the same home, once household, finances and daily life are kept apart. In practice this route stays delicate.

It's wise to file only towards the end of the separation year. If the court rejects the petition because the year isn't yet complete at the hearing, that costs time and money.

Only a hardship divorce (Härtefallscheidung) allows divorce before the year is up — for instance in cases of violence, where staying married would be unreasonable.

We work out the right timing together.

Everything on the separation year →

Four to twelve months, counted from the petition to the court's decision.

The range depends on the content: just the divorce, or maintenance, property and assets as well.

The biggest lever is often the pension rights adjustment (Versorgungsausgleich). Under German law it runs automatically alongside the divorce once the marriage lasted longer than three years; the pension providers' responses set the pace.

Without an adjustment and without disputes, many cases close within a few months. Heavily contested proceedings can drag on for years.

Speed starts early: complete questionnaires, clear information, no open flanks.

More on how long it takes →

Two items arise: lawyer's fees and court costs. Both are billed by statute — the fee under the RVG (Rechtsanwaltsvergütungsgesetz), the court costs under the FamGKG (Gerichts- und Notarkostengesetz für Familiensachen).

Both depend on the value in dispute (Verfahrenswert). It is calculated mainly from both spouses' income, their assets and the individual matters in dispute.

The more amicable the case, the cheaper it gets: every additional ancillary matter raises the value, and with it the cost.

You receive a non-binding estimate from us before anything is filed.

Cost overview with calculator →

Net income is the key to the value in dispute (Verfahrenswert), and that value drives both court costs and lawyer fees.

It is only fixed conclusively at the hearing by the court. At the latest that's when the exact figure counts.

In the petition, the figure serves as a provisional value from which the court calculates the advance on costs; it also lets us tell you the costs you can expect.

For self-employed people, the average of the last three years is usually used.

If ancillary matters such as maintenance are added, we need the figure anyway.

Three strands run apart. Separation maintenance (Trennungsunterhalt) is paid from separation until the divorce becomes final.

Post-marital maintenance (nachehelicher Unterhalt) follows after that, but only in cases set out by law — for instance because of childcare, age or illness.

Child maintenance (Kindesunterhalt) is due to the minor child, or one still in education, and is calculated using the Düsseldorf Table (Düsseldorfer Tabelle).

Where several claims compete for too little money, the ranking decides: children come first.

Post-marital maintenance can only be limited or capped under narrow conditions.

We work through what applies in your case, concretely.

More on maintenance →

Shared parenting means both parents care for the child in roughly equal shares. A genuine shared-parenting model only begins at this equal split; anything less remains extended contact.

In practice it's lived either as a shuttle model, where the child moves between households, or a nesting model, where the child stays and the parents move. The standard is always the child's best interests.

A court can order shared parenting even against one parent's wishes, if it best serves the child's welfare.

One misconception persists on money. Equal care does not mean maintenance is split equally: both parents remain liable in proportion to their income, which is why child maintenance has to be apportioned carefully under this model.

Let’s work through your model together before assumptions get expensive.

More on shared parenting →

With property, law, finances and tax interlock. Four routes are open: sale with the proceeds split, one partner taking over the property, offsetting it through the equalization of accrued gains (Zugewinnausgleich), or, as a last resort, a partition auction.

Taking over the property often preserves children's familiar surroundings.

Assets are equalized, not physically divided, under the statutory matrimonial property regime of community of accrued gains (Zugewinngemeinschaft). The reference date for the calculation is service of the divorce petition.

We demand disclosure of the other side's assets formally if needed.

Much can be settled in advance through a notarial divorce settlement agreement (Scheidungsfolgenvereinbarung).

Every property carries its own story: the solution comes from yours, not from a template.

More on assets & equalization →

Yes, without any difficulty. Karcher Rechtsanwälte works throughout Germany, based in Frankfurt-Gallus. Which court has jurisdiction depends on where you live, not on our address; we may appear before any family court in Germany.

Lawyer outside your hometown: everything on this →

Not necessarily in Frankfurt. The hearing takes place at the family court for the district where you live; what matters is your habitual residence (gewöhnlicher Aufenthalt), § 122 FamFG.

If you live in Frankfurt, the Amtsgericht Frankfurt am Main hears the case. If you live elsewhere, your local court has jurisdiction. We appear there for you nationwide.

Both spouses appear in person at the hearing itself, § 128 FamFG. Even an online divorce doesn't remove this one step.

How the process works →

It's possible, but it's the court's decision, not yours. The law allows the family court to permit participation by video and audio, § 128a ZPO.

Whether the Amtsgericht Frankfurt allows a video hearing in a given case is at its discretion. Without that permission, personal attendance remains the rule.

We file the request for you if travel would be difficult.

Your local family court, not automatically Frankfurt. What counts is your place of residence, § 122 FamFG.

For Offenbach, Bad Homburg, Hanau or Königstein, the local Amtsgerichte have jurisdiction. We represent you before every one of them, working from our office in Frankfurt-Gallus across the whole Rhine-Main region.

Lawyer outside your hometown →

You don’t have to. The whole matter can be handled digitally: the first conversation by video, documents securely online, correspondence through us throughout.

Prefer to meet in person? Our office is in Frankfurt-Gallus, a short walk from the Europaviertel. An in-person appointment costs you nothing extra.

The only place you must appear in person remains the courtroom at the hearing.

Contact & directions →

Yes. We support you through separation and divorce in German, English and Spanish, in person in Frankfurt or online.

Especially for international and binational couples in the Rhine-Main region, this removes the language barrier from an already difficult step.

Servicios en español →

Yes, we take that on. As long as one of you has your habitual residence in Germany, a German family court has jurisdiction — if you live in Frankfurt, that's the Amtsgericht Frankfurt am Main.

A marriage validly concluded abroad is recognised in Germany for this purpose. Which legal system governs the divorce is determined by European conflict-of-laws rules; we clarify this point at the outset.

International family law →

Your residence decides, not your passport. If you live in Frankfurt, the Amtsgericht Frankfurt am Main has jurisdiction over your divorce, regardless of your nationality.

Whether German or foreign law applies to the divorce is governed by the Rome III Regulation. Often you can even choose the applicable law.

International family law →

As a rule, yes. If your habitual residence is in Frankfurt, you may file here even if your spouse lives abroad.

Expect somewhat more time. Serving the petition abroad takes longer than within Germany and pushes the first hearing back.

International family law →