KarcherRECHTSANWÄLTE

Online
divorce

Online divorce:what runs digitally and what does not

Mieke Karcher, attorney at law · as of July 2026

People searching for an “online divorce” are usually after two things: less effort and less confrontation. Both are within reach, but it pays to know where the line runs before a provider blurs it.

In Germany a marriage is dissolved exclusively by a judicial order at the family court (§ 1564 BGB). No portal, no app and no click ends a marriage. “Online” describes only the route there: the power of attorney, the divorce petition and the documents run digitally, and that really can save a great deal of effort. From the hearing onwards, count on your personal presence, and no offer changes that.

Where “online”
ends

Digital up to the petition, in person before the court

Digital

Power of attorney

You authorize us in encrypted form, without visiting the office.

Digital

Petition

We draft the divorce petition and file it with the family court that has local jurisdiction.

Digital

Documents

Records and disclosures come together securely online.

In court

Hearing in person

The family court is to order both spouses to appear in person and to hear them itself on their wish to divorce (§ 128 (1) FamFG).

Done

Court order

A marriage is dissolved exclusively by judicial order (§ 1564 BGB).

After the petition the court takes over, and there the same rules apply as in any other divorce. It wants to form its own direct impression, so do not count on a divorce from the sofa.

That is not without exceptions. The statute frames personal appearance as a “should” provision, allows the hearing to be taken by a requested judge where someone is prevented from attending or lives too far away (§ 128 (3) FamFG), and since the video-conferencing reform the court is to permit participation by video and audio in suitable cases (§ 32 (3) FamFG). Family courts handle this differently, and anyone living abroad has the better arguments. So plan for the hearing on site and ask for video participation rather than relying on it.

In legal terms an “online divorce” therefore differs in nothing from any other. The process becomes more convenient; it does not become faster or legally different.

Mandatory
representation

Do I still need an attorney?

Yes. Representation is mandatory before the family court (§ 114 (1) FamFG): only an attorney can file the divorce petition, not the spouse in person.

Where both agree, a single attorney is enough. One side files the petition, the other consents to it before the court and needs no representation of their own for that consent (§ 114 (4) no. 3 FamFG). That consent has a limit, though: the consenting spouse cannot file motions of their own, on maintenance, custody or the pension rights adjustment, without their own attorney.

The year of
separation

Does the year of separation still apply?

Yes, and no provider shortens it. A marriage counts as having broken down where the spouses live apart for one year and both apply for the divorce or one consents to it (§§ 1565 (1), 1566 (1) BGB). Before that year has run, a court dissolves a marriage only in genuine cases of hardship, for instance where there is serious violence (§ 1565 (2) BGB).

Living apart does not necessarily mean two homes: separation is possible under one roof as well, as soon as there is no longer a domestic community (§ 1567 (1) BGB). The courts do, however, set strict requirements for proving that.

What it
costs

By statute, not by provider

The costs follow the law, not the provider you choose. Attorney and court fees are measured against the Verfahrenswert (value of the proceedings), which arises above all from both spouses' income; in practice it is based on three times the monthly net income, plus an addition for the pension rights adjustment (§ 43 FamGKG). Anyone on a low income can apply for legal aid and then pays nothing or only part (§ 76 FamFG).

That is why caution is called for where a fixed price is advertised: as a rule it covers only the simplest case. As soon as maintenance, custody or a dispute over assets is added, the work grows, and the price grows with it.

Check
this

What to look for in online providers

The decisive question is who actually answers for your petition: a law firm or a mere intermediary. Just as important is whether you can reach that person when the case raises questions. This is no formality: a divorce petition is a pleading drafted by an attorney, and whoever signs it is liable for it.

A second point to check is the pension rights adjustment. As a rule it runs automatically; the pension entitlements acquired during the marriage are divided whether the petition mentions them or not (§ 137 FamFG). Only where the marriage was short, up to three years, does it stay out unless someone applies for it (§ 3 (3) VersAusglG). A flat-rate offer that says nothing about it leaves out a core part of the proceedings.

How we
support you

Behind your petition stands a firm with a name

Whoever signs the petition is liable for it. That is why you know from the outset who that is and how to reach them.

Mieke Karcher, attorney at law

Conducts the proceedings. Admitted since 2010, member of the Rechtsanwaltskammer Frankfurt am Main; she is also the person you reach when something in the case is unclear.

Dietrich Karcher, attorney at law

Answers for the side where property or business assets are involved: over 30 years of civil law and years in real estate, among other things as head of the property department at a state bank.

Both routes are equal

You do not have to commit at the start and can switch between digital and in person at any time.

In concrete
terms

What we take on for you

We begin with an assessment by video or phone and clarify what your case needs and whether the digital route holds. You then submit the power of attorney and the documents encrypted online, without visiting the office, from anywhere in Germany. We draft the petition and file it with the family court that has local jurisdiction; we take on the correspondence.

For the pension rights adjustment we fill in the questionnaires with you and recalculate the adjustment. If income is not sufficient, we apply for legal aid. And we prepare you for the hearing in person and are at your side there until the order becomes final.

If you would rather speak in person along the way, that is possible at any time: at Frankenallee in Frankfurt-Gallus, in German, English or Spanish as you prefer. Both routes are equal; you do not have to commit at the start. We reply to written enquiries usually within one working day.

How the proceedings
run

From the first digital contact to the court order

It starts with the first digital contact: an initial assessment by video or phone, the power of attorney and documents online. In parallel the year of separation runs: twelve months apart from table and bed, not necessarily at two addresses.

Once its end is in sight, we prepare the petition digitally and file it with the family court, which usually takes one to two weeks. Over the following three to six months the court obtains the pension information for the pension rights adjustment. At the end stands the hearing in person, which both attend; with the order the marriage ends.

Guide figures as of 2026; an individual case may differ.

Frequent
questions

What we are asked most often about this

We live in different cities. Which court has jurisdiction?

That follows from § 122 FamFG, usually from the district in which shared minor children live or where you last lived together. It can be a court that is the nearest for neither of you. We settle the venue bindingly before the petition is filed. It has no bearing on your choice of firm, because local admission no longer exists.

How secure is my data on the digital route?

The power of attorney, records and messages are transmitted encrypted and used solely to handle your matter. Independently of that, the attorney's duty of confidentiality covers everything you entrust to us, online as much as in conversation.

Can I switch to meetings in person mid-case?

Yes, at any time and in both directions. Many start digitally and then come to the office for the conversation about the ancillary matters, because some things are settled faster at a table. There is no need to commit at the start.

Sources

The provisions mentioned in the text in their official wording at “Gesetze im Internet”, the portal of the German Federal Ministry of Justice.