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Minimizing cost of divorce without applying for legal support

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So I want to officially divorce my husband. He left Germany in March 2022, I got Aufenthaltbestimmungrecht for our child. He used to be self-employed but now he broke, and has no income in Germany (although he is still registered in Germany). 

I am not doing a Weiterbildung and receive ALG 1. 1500 per month. 

I hired a laywer for the divorce. I understand that the fees are calculated based on how much each one of us earns, plus any property or goods we share together. We don't habe anything of that. As I said, he is broke and I am on ALG. 

However, i don't want to apply for government assistance to pay for the divorce, as I heard that it can really prolong the duration of the divorce process. 

I would really appreciate any tips on how to do this in order to cost me as little as possible. 

Thank you

Proton Mom

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8 hours ago, Proton Anna said:

So I want to officially divorce my husband. He left Germany in March 2022, I got Aufenthaltbestimmungrecht for our child. He used to be self-employed but now he broke, and has no income in Germany (although he is still registered in Germany). 

I am not doing a Weiterbildung and receive ALG 1. 1500 per month. 

I hired a laywer for the divorce. I understand that the fees are calculated based on how much each one of us earns, plus any property or goods we share together. We don't habe anything of that. As I said, he is broke and I am on ALG. 

However, i don't want to apply for government assistance to pay for the divorce, as I heard that it can really prolong the duration of the divorce process. 

I would really appreciate any tips on how to do this in order to cost me as little as possible. 

Thank you

Proton Mom

 

You have to pay. There is no way around this. You entered into a marriage contract. This is the way out. I am not a lawyer. 

 

You have to pay the government cost of the assistance back anyway. Might as well do that. What do you mean the fees are based on how much you earn? There is a standard lawyer fee that the lawyer should follow. There is a way you can pay more (Honorarvereinbarung) and get more from the lawyer, but people who have money do that sort of thing. 

 

I assume you are past the one year mark? Just go to a lawyer, file for legal assistance, and file for divorce. They will then go into the Streitwert (this is based on assets— not how much you earn). Pensions are included in this. Don’t cheap out on that. The Streitwert then determines what the final cost will be. 

 

By taking out Prozesskostenhilfe, you are obligated to report to them if your money situation changes by 100 in any given month. You cannot get this help if you have more than 5,000 in the bank. They will want access to your bank account and expenses (rent, etc.). I don’t know what your rent situation is, but if they see that you are making 1,500 a month, they may very well turn you down. You are expected to change your situation immediately (social housing, for example) instead. I have been through the Prozesskostenhilfe. It’s not fun. 

 

There is no way around this. You have to pay. It’s not pretty. 

 

I would suggest seeing a lawyer ASAP. They charge a standard rate for a consultation. There is no way of getting out of it quickly if you don’t have money. That’s not the way it works here. 

 

https://www.toytowngermany.com/wiki/Divorce_in_Germany

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59 minutes ago, klingklang77 said:

 

You have to pay. There is no way around this. You entered into a marriage contract. This is the way out. I am not a lawyer. 

 

You have to pay the government cost of the assistance back anyway. Might as well do that. What do you mean the fees are based on how much you earn? There is a standard lawyer fee that the lawyer should follow. There is a way you can pay more (Honorarvereinbarung) and get more from the lawyer, but people who have money do that sort of thing. 

 

I assume you are past the one year mark? Just go to a lawyer, file for legal assistance, and file for divorce. They will then go into the Streitwert (this is based on assets— not how much you earn). Pensions are included in this. Don’t cheap out on that. The Streitwert then determines what the final cost will be. 

 

By taking out Prozesskostenhilfe, you are obligated to report to them if your money situation changes by 100 in any given month. You cannot get this help if you have more than 5,000 in the bank. They will want access to your bank account and expenses (rent, etc.). I don’t know what your rent situation is, but if they see that you are making 1,500 a month, they may very well turn you down. You are expected to change your situation immediately (social housing, for example) instead. I have been through the Prozesskostenhilfe. It’s not fun. 

 

There is no way around this. You have to pay. It’s not pretty. 

 

I would suggest seeing a lawyer ASAP. They charge a standard rate for a consultation. There is no way of getting out of it quickly if you don’t have money. That’s not the way it works here. 

 

https://www.toytowngermany.com/wiki/Divorce_in_Germany

I get this. This is not what I am asking. Maybe I explained myself wrong. 

We have no assets together. 

I asked about not getting legal assistance so I can speed up the process. I understand that if I get legal assistance, the whole divorce will take significantly longer. 

I understand that the cost of the divorce gets calculated based on how much I earn. There are several divorce calculators online where I am asked to enter how much I earn. So I assume my salaty has something to do with it. 

 

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I don't know about Germany or if the divorce laws are country-wide, but an uncontested divorce is your cheapest divorce.  Both parties must agree that there is no contest of assets, children, etc. and that you simply want to amicably end a legal contract.  Will your spouse agree?

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2 hours ago, catjones said:

I don't know about Germany or if the divorce laws are country-wide, but an uncontested divorce is your cheapest divorce.  Both parties must agree that there is no contest of assets, children, etc. and that you simply want to amicably end a legal contract.  Will your spouse agree?

 

Her spouse is not making it easy refusing to sign off on kita enrollment, wanted to sneak off with the kid to Hungary etc so probably not.

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14 minutes ago, LeonG said:

 

Her spouse is not making it easy refusing to sign off on kita enrollment, wanted to sneak off with the kid to Hungary etc so probably not.

 

I wouldn’t be surprised if he is doing this, so he can file first in Hungary to make things even more difficult for her. 

 

He can contest the divorce, and then it will take up to 3 years. By that time, the court orders a divorce. 

 

She also said that her ex says he has no income, but she she thinks he does. That is important info. 

 

She says they have no assets? But surely there must be a pension or something?

 

It’s time OP sees a lawyer. There is no cheap way to do this. They could perhaps get the same lawyer, but that lawyer can only truly represent one of you. 

 

OP— see a lawyer!

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So I have a lawyer. I will pay what needs to be paid. Yes, aside from splitting the pensions, there are no assets. I could ask him not to contest my pension, bt he probably won´t cooperate because he doesnt want to. Wants to make my life difficult. 

I just wanted a fast divorce. 

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A good lawyer will act on your behalf as a consultant and strategist.  A bad lawyer will do whatever you want and will continue to do so even if it's not in your best interest, until you run out of money.  When a divorce battle ensues, only the lawyers win.  Their clock is ticking whether you want to do something smart or something stupid.

Be prepared for compromise and giving into your spouse's demands if speed is the most important part.

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