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Divorce; application
The Local Court - Family Court - has jurisdiction for applications for divorce or annulment of a marriage or for a declaration of the existence or non-existence of a marriage (matrimonial matters).
Responsible for you
Amtsgericht Neumarkt i.d.OPf.
Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
Street address
Residenzplatz 1
92318 Neumarkt i.d.OPf.
Postal address
Residenzplatz 1
92318 Neumarkt i.d.OPf.
Phone
Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
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Procedure details
Description
Matrimonial matters are decided by the local court - family court - in whose district one of the spouses and all joint minor children have their habitual residence. This also applies if only some of the joint minor children live with the spouse and no joint minor children live with the other spouse. Otherwise, the court in whose district the spouses last lived together has jurisdiction if one of the spouses still has their habitual residence in this district. If none of these cases apply, the court in whose district the defendant has their habitual residence has jurisdiction, or alternatively the court in the applicant's habitual residence.
Divorce is the most important matrimonial matter. A marriage can only be divorced by a court decision at the request of one or both spouses. The only ground for divorce is the "breakdown" of the marriage. According to the statutory provisions, a marriage has broken down if the spouses' cohabitation no longer exists (diagnosis) and it cannot be expected that the spouses will restore it (prognosis). In order to determine that the marital partnership no longer exists, the marital attitude of the spouses is of primary importance. If one spouse does not wish to continue the marriage with the other, the cohabitation no longer exists. The duration of the separation is of key importance in determining whether the marriage can be expected to be restored.
The law specifies certain conditions under which the breakdown of the marriage is irrefutably presumed. On the one hand, the presumption of breakdown applies if the spouses have been separated for one year and both spouses apply for divorce or the respondent agrees to the divorce. On the other hand, the presumption of breakdown also applies after three years of separation if the other spouse does not agree to the divorce.
Requirements
A written application for divorce signed by a lawyer (petition) is required for a divorce. The divorce petition can also be submitted as an electronic document. The petitioner must be represented in the divorce proceedings by a licensed lawyer (obligation to be represented by a lawyer). The respondent does not necessarily need a lawyer if he or she does not wish to make any substantive applications in the divorce proceedings (e.g. in the case of a divorce by mutual consent).
Fees
If the application for divorce is successful, the costs of the divorce are generally offset against each other. This means that each party bears their own costs (e.g. lawyer's fees) and each party is responsible for half of the court costs.
The amount of the court costs for a divorce depends in particular on the scope and importance of the case as well as the financial and income situation of the spouses. A party whose personal and financial circumstances mean that he or she cannot afford the costs of the proceedings, or can only afford them in part or in installments, will receive legal aid upon application if the intended legal action or legal defence offers sufficient prospect of success and does not appear to be unreasonable. However, the application can only be made before the conclusion of the legal proceedings.
The amount of the court costs for a divorce depends in particular on the scope and importance of the case as well as the financial and income situation of the spouses. A party whose personal and financial circumstances mean that he or she cannot afford the costs of the proceedings, or can only afford them in part or in installments, will receive legal aid upon application if the intended legal action or legal defence offers sufficient prospect of success and does not appear to be unreasonable. However, the application can only be made before the conclusion of the legal proceedings.
Legal bases
Appeal
Complaint
Status: 28.02.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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