FAQ
Frequently asked questions
The questions that come up in almost every first consultation, with the answer we give there. If yours is missing, give us a call.
No matching question found. We will answer it in the first consultation.
On this page · 5 sections
Before the appointment
The first consultation
Does an appointment commit me to anything?
No. In the first consultation you do not hire us for anything. A formal engagement only exists once we both confirm it in writing.
You describe your situation and learn which deadlines are running and what needs to be settled first. Afterwards you go home and think it over.
What does the first consultation cost?
At most €226.10, which is €190 plus VAT, § 34 (1) sentence 3 RVG. If we then take on your case, this fee does not apply.
If you cannot afford the costs, there is Beratungshilfe (legal advice aid) for the consultation and Verfahrenskostenhilfe (legal aid) for the proceedings. Mention it in your request and we will check it at the same time.
What should I bring?
Your marriage certificate, the children’s birth certificates, the last three pay stubs from both sides, pension statements, and a marital agreement if there is one.
Come even if something is missing. Being complete is not a condition for seeing us, and we finish the intake form together.
Can the consultation take place by Zoom?
Yes, 60 minutes, just as at our office. All you need is a room where you can talk undisturbed.
Who will I be speaking with?
With lawyer Mieke Karcher or with lawyer Dietrich Karcher, the owner of the practice. Mieke Karcher handles divorce, maintenance and questions about the children, Dietrich Karcher assets and property.
About the proceedings
Divorce and court
Does the year of separation really have to be over?
As a rule, yes, before the petition stands a chance. Living apart means you no longer run a joint household. That is possible in the same home.
You can see a lawyer before that. The first year is when claims arise that cannot be made up for later.
Do we need two lawyers?
At least one side needs a lawyer for the petition. If the other side only consents, it can do without one. That is the least expensive route.
We may not represent both sides, not even if you agree on everything. The professional rules for lawyers forbid it.
How long does a divorce take?
From petition to decree, usually several months. The Versorgungsausgleich (pension rights adjustment) takes longest, because the court has to write to every pension provider and wait for an answer.
You can speed up only one thing: how complete your documents are.
Do I have to appear in court?
Yes, both spouses have to attend the divorce hearing, even if only one side has a lawyer. The hearing is usually short. The judge asks about the year of separation and whether you want the divorce.
I live near Frankfurt. Which court will handle my case?
Not automatically the one in Frankfurt. The competent court follows from the order set out in § 122 FamFG, depending on the case where the children live, where you last lived together or where the other side lives. For Offenbach, Bad Homburg, Hanau or Königstein, the local courts there are competent.
We represent you before each of these courts, across the Rhine-Main region.
What if the other side will not cooperate?
A divorce cannot be prevented permanently. Without consent it becomes harder and takes longer; after three years of separation, the breakdown of the marriage is established even without consent.
If the address is unknown, the court can serve by public notice. That takes months, but it works.
Do our children have to go to court?
Not for the divorce itself. Only if there is a dispute about parental responsibility or contact does the court hear the children itself, depending on their age, and it often appoints a guardian ad litem.
That is one of the reasons we try to reach an agreement first.
Money and costs
Maintenance and fees
Why do you not quote a fixed price?
Because there is none. Lawyer fees and court costs in family law depend on the value of the matter, which follows from income, assets and pension rights.
We bill under FamGKG and RVG; there is no hourly rate. As soon as we know your figures, we tell you the range.
What if I cannot pay the costs?
Then Verfahrenskostenhilfe (legal aid) may be an option. The state advances the costs or waives them. This is an entitlement, not charity.
You need proof of income, your lease, bank statements and proof of debts. Bring what you have.
When do I start getting maintenance?
Maintenance during separation is not paid retroactively, only from the time you demanded it. Waiting costs you months.
If you do not have enough money to live on, this is where acting quickly really pays off.
Will my assets be divided?
Without a marital agreement, the gains during the marriage are compared: what each side had at the wedding and what is there today. Whoever gained more pays out half of the difference.
Inheritances and gifts are left out. The Zugewinnausgleich (accrued gains) does not happen automatically; it has to be claimed.
About the practice
Working together
Do you handle other areas of law as well?
No, family law only. If your case is essentially about criminal, inheritance, employment or landlord and tenant law, we say so and tell you who to ask instead.
Can I send documents by email?
You can, but unencrypted email is like a postcard. Only write what a third party could read; we discuss everything else by phone or at our office.
If a deadline runs in days, call instead of writing. An email can sit unread, a phone call cannot.
Do you speak other languages?
We advise in German and English, and in Spanish with lawyer Dietrich Karcher. This site is available in all three languages. An interpreter may be needed for court hearings, because the court conducts proceedings in German.
What if it is not the right fit after the consultation?
Then you are under no obligation. We also say so ourselves if we notice that we could not handle your case the way it would need.
If the other side is already our client, we may not represent you. We check this before the appointment and tell you right away.
Question not here?
Then ask us
On the phone, a short question is answered in two minutes. +49 69 97391424, Mon to Fri, 10 am to 1 pm and 3 pm to 6 pm. We cannot assess your case that way; for that we need your documents and a consultation.