There are many myths circulating on the internet about divorce proceedings. Two of them are particularly common in our practice: the supposed online divorce and the idea that both spouses can be represented by a joint lawyer. Our new legal tip explains what is actually possible and where the legal limits lie.
1. Is there such a thing as an "online divorce"?
The term "online divorce" sounds tempting: from the comfort of your own home, everything is digital. In fact, many of the preparatory steps can be completed digitally – for example, communicating with a lawyer by email or video conference. However, the divorce itself is not a purely digital process.
It is important to know that
The law requires that the spouses appear in person before the family court at least once. The family court judge orders the personal appearance. There is no way around this. A divorce "by click" is therefore not legally possible, even though it is often presented as such.
2. What does a divorce cost?
The costs of a divorce are regulated by law and are the same throughout Germany. They are based on:
- the German Lawyers' Fees Act (RVG)
- the Court Costs Act (GKG)
The value of the proceedings is usually calculated on the basis of the three net monthly salaries of both spouses and, if applicable, an amount for the pension rights adjustment. This results in a scale of fees that is binding for lawyers.
Good to know:
A lawyer is not allowed to bill below the legally stipulated minimum fees, unless there is an individual fee agreement.
3. Can you save money by using only one attorney for a divorce?
Many wonder: "Do we really need two lawyers?" The answer is no – but only under certain conditions.
If the spouses agree on all points (e.g. maintenance, assets, custody), one spouse can be represented by a lawyer while the other simply agrees to the divorce.
Important:
A "common lawyer" is not permitted because lawyers may only represent one party at a time. The represented spouse files for divorce through their lawyer. The other spouse appears without their own lawyer, but cannot file their own petitions.
Conclusion:
A genuine online divorce, in which the entire procedure is conducted digitally, is not legally possible in Germany. The law requires that you appear in person before the family court. However, anyone who still wants a straightforward process can complete many of the preparatory steps digitally with their lawyer. The costs of a divorce are set by law and depend largely on the value of the proceedings. There is potential for savings if the spouses agree on an amicable divorce. In this case, a lawyer can be hired to represent only one of the spouses, while the other agrees to the application. However, a joint lawyer for both parties is not permitted. Those who prepare well and seek advice in good time can ensure that the procedure is efficient and fair.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.