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Practice areas · Frankfurt am Main

Online divorce in Germany, and its limits

An online divorce spares you the trips to a law office, which for a mobile or international couple is real convenience. But the divorce itself still happens at a court, with a lawyer — and no platform can change that. Here is what is genuinely digital, and what is not.

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Four things to know first

The paperwork is online, not the divorce

A marriage is dissolved only by a court decree (§ 1564 BGB). “Online” describes how the file gets there — power of attorney, application, documents — not the ruling.

You still need a lawyer

Representation before the family court is mandatory (§ 114 FamFG). No platform changes that; where you agree, one lawyer is enough.

It does not shorten the separation year

No provider can. The year of living apart is set by law, whatever a “fast” or “fixed-price” offer suggests.

You attend the hearing in person

Both spouses appear at a short court hearing (§ 128 FamFG). The digital route saves the trips before it, not the appearance itself.

What “online” actually covers

The phrase promises more than it delivers. In Germany a marriage is dissolved only by a decree from the family court (§ 1564 BGB) — that part is not, and cannot be, done online. What the digital route replaces is everything around it: instructing a lawyer, signing the power of attorney, filing the petition and exchanging documents can all happen by email and upload, without a single visit to an office.

For an international couple that is genuine value — you can run the whole preparation from wherever you are. But the ruling that ends the marriage still comes from a judge at a hearing you both attend. “Online” is the road to the courtroom, not a way around it.

A lawyer is not optional

Representation before the family court is mandatory (§ 114 (1) FamFG): only a lawyer can file the petition, however the paperwork reaches them. The good news is that where you agree, one lawyer is enough — one spouse files, the other consents and needs no lawyer of their own (§ 114 (4) no. 3 FamFG). This is the same economy as an amicable divorce, simply handled remotely.

The limit is the same too: the consenting spouse cannot bring their own applications — on maintenance or the children, for instance — without their own lawyer. A digital process does not remove the need for real legal judgement; it just changes how you reach it.

It cannot make the separation year shorter

If an offer hints that going digital speeds up the divorce itself, be sceptical. A marriage counts as broken down once you have lived apart for a year and both seek the divorce, or one consents (§ 1565 (1), § 1566 (1) BGB). No website shortens that. Living apart can run under one roof once there is no shared household left (§ 1567 (1) BGB), though courts ask for real proof of it, and only genuine hardship allows a divorce before the year is out (§ 1565 (2) BGB).

What a good digital process does do is let you use the year well — preparing the petition and settling the terms — so that the moment the year is complete, there is nothing left to hold things up. If you want the detail, see our guide to the separation year.

The cost follows the law, not the website

Lawyer’s and court fees in a divorce are not set by the provider but by statute. They are calculated from the value of the proceedings, which comes mainly from the spouses’ income — in practice guided by roughly three months of combined net income, with an addition for the pension rights adjustment (§ 43 FamGKG). Two “online” providers charging very different prices for the same case are, in the end, working from the same legal tariff.

Two things are worth knowing. If your income is low, you can apply for legal aid towards the cost (Verfahrenskostenhilfe, § 76 FamFG). And a headline “fixed price” usually covers only the plainest, uncontested case — the moment anything needs actual advice, it stops applying. Our cost and duration guide sets out how the figures are built.

Judging an online offer — look for the lawyer

Not every “online divorce” brand is a law firm. Many are lead-generation platforms that collect your details and pass you to whichever lawyer is available — you may never speak to the person actually running your case. For an international couple that is the real risk: not the technology, but whether there is someone you can reach, in your language, when a question comes up mid-process.

So the test is simple. A convenient, paperless process is a good thing; insist only that there is a named, reachable lawyer behind it who is responsible for your case from start to finish. That is how we run it here — the whole preparation digital, handled by the same lawyer throughout. When you are ready, you can begin with our divorce form.

Common questions

Is a divorce really possible entirely online?
No. In Germany a marriage is dissolved only by a judge’s decree at the family court (§ 1564 BGB). “Online” is the way there — the power of attorney, the petition and the documents are handled digitally — not the procedure itself. Both spouses still have to appear in person at the divorce hearing (§ 128 (1) FamFG). Anyone promising a fully remote divorce is overstating what the law allows.
Do I still need a lawyer for an online divorce?
Yes. Representation before the family court is mandatory (§ 114 (1) FamFG); only a lawyer can file the petition. Where both of you agree, a single lawyer is enough: one side files and the other consents, needing no lawyer of their own (§ 114 (4) no. 3 FamFG). What the consenting side cannot do without a lawyer is bring its own applications, for instance on maintenance or custody.
Does an online divorce shorten the separation year?
No, and no provider can make it so. A marriage counts as broken down once you have lived apart for a year and both seek the divorce or one consents (§ 1565 (1), § 1566 (1) BGB). Living apart is possible under one roof once there is no shared household left (§ 1567 (1) BGB), though the courts set a high bar for proving it. A divorce before the year is up happens only in genuine hardship (§ 1565 (2) BGB).
What does an online divorce cost?
The cost follows the law, not the provider. Lawyer’s and court fees are set by the value of the proceedings, which comes mainly from the two spouses’ income — in practice guided by roughly three months of the couple’s combined net income, plus an addition for the pension rights adjustment (§ 43 FamGKG). If you earn little, you can apply for legal aid towards the cost (Verfahrenskostenhilfe, § 76 FamFG). A “fixed price” often covers only the simplest case and stops where real advice begins.
I travel a lot — can I attend the hearing by video?
Sometimes, but do not count on it. The law allows a court to let parties take part in a hearing by video in certain circumstances (§ 128a ZPO), yet in divorce matters courts usually expect both spouses to appear in person, precisely because the judge hears you directly about the breakdown of the marriage. If travel is difficult, it is worth raising early so it can be planned around — not assumed.
How do I tell a good online offer from a bad one?
Look past the platform to the lawyer behind it. Many “online divorce” sites are really lead generators that pass you on; what matters is who actually handles your case and whether you can reach them in your language when a question arises. A digital, convenient process is a good thing — as long as there is a real, reachable lawyer doing the work, not just a form and a fixed price.

Handled well, a digital divorce is convenient and completely legitimate — the key is the lawyer behind it. If you are looking for an English-speaking divorce lawyer in Frankfurt who runs the process remotely from start to finish, that is what this office does. Many couples pair it with the amicable route.

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A digital divorce, with a real lawyer

A confidential initial consultation, in English — how the online route would work for you, and the sensible next step. We reply personally, usually within one business day.

Sources

  1. Governing statutes (Bürgerliches Gesetzbuch, BGB): § 1564 (divorce by court decree), § 1565 and § 1566 (breakdown and the separation year), § 1567 (living apart) — gesetze-im-internet.de.
  2. Procedure and cost: § 114 and § 128 FamFG (mandatory representation; personal hearing), § 76 FamFG (legal aid), § 43 FamGKG (value of the proceedings), § 128a ZPO (participation by video) — gesetze-im-internet.de.