Divorce for Foreigners

German divorce law requires a mandatory Trennungsjahr (one-year separation period) before you can file for divorce, demonstrating the marriage has irretrievably broken down. Spouses can separate while living under one roof (getrennt unter einem Dach) if finances and household are completely separate, though documentation is essential. After one year, a Rechtsanwalt für Familienrecht (family lawyer) files the Scheidungsantrag (divorce petition) with the Familiengericht (Family Court) - only the petitioning spouse needs legal representation for amicable divorces, though both may hire separate lawyers for contested matters. Court and lawyer fees are calculated based on combined income and assets (Verfahrenswert), typically ranging €500-3,000 for amicable divorces. The court automatically initiates Versorgungsausgleich (pension equalization), requiring pension statements from both spouses and Deutsche Rentenversicherung to split all pension rights accumulated during the marriage 50/50. For amicable divorces, both spouses attend a brief hearing (Scheidungstermin) where the judge confirms separation and issues the divorce decree (Scheidungsbeschluss), finalizing after one month if no appeal. Germany's unique aspects include the mandatory separation year, automatic pension splitting (waivable only by notarized agreement in specific circumstances), Zugewinnausgleich property regime as default (50/50 split of wealth gained during marriage), and income-based graduated fees rather than flat court costs.