Wegweiser Separation & Divorce Deutsch

⚖️ Divorce petition and course of proceedings

How divorce proceedings work, who has to file the petition and what is decided together in the joint proceedings.

Divorce petition Mandatory legal representation Joint proceedings (Verbundverfahren) Personal hearing § 128 FamFG § 133 FamFG § 137 FamFG

In brief

The divorce itself can only be applied for by a lawyer at the family court (mandatory legal representation, § 114 FamFG) – this applies even if both spouses are completely in agreement. The other spouse can consent to the petition without their own legal representation. With the divorce petition, pension rights equalisation is automatically decided too (compulsory joint proceedings); upon application, further questions such as maintenance, accrued gains or the marital home can be heard in the same proceedings (§ 137 FamFG).

The court usually hears both spouses in person (§ 128 FamFG) and checks whether the requirements for divorce – in particular the year of separation – are met. Once all points in the joint proceedings are ready for decision, a single decision is issued.

Step by step

  1. Instruct a lawyerFor the divorce petition itself you need legal representation; only one side has to be legally represented if the other spouse consents.
  2. File the petitionThe lawyer files the divorce petition with the required information, including the date of separation, with the competent family court (§ 133 FamFG).
  3. Service and responseThe other spouse is served with the petition and can consent or comment.
  4. Fill in the pension rights equalisation formsBoth spouses provide information on their pension entitlements; the court additionally requests this directly from the pension providers.
  5. HearingThe court usually hears both spouses in person before it decides (§ 128 FamFG).
  6. Decision and finalityThe divorce becomes final with service of the decision and expiry of the appeal period – if both sides waive appeal, already at the hearing.

Deadlines

1 month
Usual period for lodging an appeal against family court decisions, unless a waiver of appeal has been declared§ 63 FamFG
No fixed duration of proceedings
How long divorce proceedings take depends on the court's workload and the scope of the ancillary matters – there is no fixed statutory duration
Watch out – common mistakes
  • Without your own lawyer you can consent to the divorce petition, but you cannot file any applications of your own (e.g. on maintenance).
  • Incomplete pension rights equalisation forms often delay the proceedings the most – fill them in early and completely.
  • A waiver of appeal directly at the hearing makes the divorce final immediately – afterwards it can no longer be undone.
In depth · legal basis, figures and practice – for advisers and professionals

Mandatory legal representation

Mandatory legal representation applies to applications in the divorce joint proceedings (§ 114 Abs. 1 FamFG). The respondent can consent to the divorce without their own legal representation, but cannot file any substantive applications of their own.

Joint proceedings and ancillary matters

Pension rights equalisation becomes part of the joint proceedings ex officio (§ 137 Abs. 2 Nr. 1 FamFG). Further ancillary matters such as post-divorce maintenance, matrimonial property law and marital home and household matters are included in the joint proceedings only upon application of a spouse (§ 137 Abs. 2 Nr. 2–4 FamFG). Child-related matters can also be included if a spouse so requests and the family court considers it appropriate.

Personal hearing

The court should in principle hear both spouses in person in order to form an impression of whether the requirements for divorce are met (§ 128 FamFG).

Who is responsible
  • Family court (Amtsgericht) at the competent place of residence
  • Lawyer specialising in family law (mandatory for the petition)
Further reading
Year of separation: requirements and exceptionsConsensual vs. contested divorceDivorce costs and legal aid for proceedings (Verfahrenskostenhilfe)Pension rights equalisation (Versorgungsausgleich)

Quick questions

Worum geht es bei „Divorce petition and course of proceedings“?
How divorce proceedings work, who has to file the petition and what is decided together in the joint proceedings.
Which deadlines and figures matter?
  • 1 month: Usual period for lodging an appeal against family court decisions, unless a waiver of appeal has been declared (§ 63 FamFG)
  • No fixed duration of proceedings: How long divorce proceedings take depends on the court's workload and the scope of the ancillary matters – there is no fixed statutory duration
What should I do first?
  • Instruct a lawyer: For the divorce petition itself you need legal representation; only one side has to be legally represented if the other spouse consents.
  • File the petition: The lawyer files the divorce petition with the required information, including the date of separation, with the competent family court (§ 133 FamFG).
  • Service and response: The other spouse is served with the petition and can consent or comment.
What do I need to watch out for?
  • Without your own lawyer you can consent to the divorce petition, but you cannot file any applications of your own (e.g. on maintenance).
  • Incomplete pension rights equalisation forms often delay the proceedings the most – fill them in early and completely.
  • A waiver of appeal directly at the hearing makes the divorce final immediately – afterwards it can no longer be undone.
Evidence
  • §§ 114, 128, 133, 137 FamFG (gesetze-im-internet.de)
  • § 63 FamFG (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.