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AMICABLE DIVORCES – WHAT ARE YOUR OPTIONS FOR GETTING A DIVORCE WITHOUT GOING TO COURT

By August 12, 2019 October 8th, 2019 No Comments

Divorce laws give married couples two options for divorce: amicable divorce and disputed divorce. If there is a mutual agreement that the marriage has ended, then amicable divorce without a lawyer is possible. In particular, if there are no common minor children, an amicable divorce without a lawyer is relatively straightforward.

But even with children together, the spouses can already agree on how the custody and maintenance should be regulated. If there are ambiguities regarding the legal situation or if the spouses wish for competent legal advice as support, then a lawyer for family law or a mediator is recommended. Not infrequently, there are heated discussions on the subject of wealth distribution and spousal support because the respective parties feel disadvantaged.

The mediator can achieve an out-of-court dispute resolution and eliminate it as a competent contact, ambiguity, and disputes. A divorce is costly, but the mediator is a cost-effective and conflict-free alternative to traditional legal advice and offers more security than a divorce without a lawyer.

Is it possible to get a divorce without a lawyer?

Couples have different options for getting divorced. On the one hand, the spouses can file for divorce by agreement or go the way through the disputed divorce. There is also the option of finding an amicable solution in a mediation conversation. If the spouses’ separation by mutual agreement, a divorce can be made without a lawyer. However, in most cases, spouses consult a mediator or lawyer when discrepancies concerning maintenance claims, custody issues or asset allocation issues need to be resolved.

Mediation – divorce without a lawyer

Mediation – divorce without a lawyer: The help and advice of a neutral person can avoid conflicts and advance a divorce faster. Mediators represent both parties and try to work out the optimal solution for both spouses. That is why mediation can also lead to more constructive discussions because the aggressive urge to win against the other party does not exist. Fundamental conflict analysis and a pleasant discussion climate provide space for a common solution-finding.

The mediation is the cheaper option because the delivery of a divorce in court is associated with significantly higher costs. However, the prerequisite for successful mediation is mutual consent to work together to clarify matters. This is the only way for the mediator, in coordination with the wishes and ideas of the two parties, to develop and examine possible solutions and then record them in a contract.

Together they check that the results match the goals and expectations of the two spouses or that adjustment is needed. On the website of the Federal Ministry of Justice, you can see a list of all mediators.

Joint solicitor by mutual consent

To save costs in a divorce, the appointment of a joint lawyer in the mutual divorce may be useful. It should be kept in mind, however, that when divorcing, different interests sometimes have to be represented. Even amicable divorce can lead to a conflict. If a lawyer represents both spouses, he must remain as neutral as possible. However, since a spouse usually hires him, it can happen that he ultimately represents only his interests. Therefore, it may be advisable to consult two lawyers to discuss a mutual divorce. This has the advantage that the lawyer cannot come into any conflict of interest and enforce the claims of his client.

Duration of an amicable divorce

If there is an agreement between you and your spouse, the divorce should be expeditious. The processing and duration of the amicable divorce require much less time and effort than a disputed divorce. However, you must first be separated from each other for at least six months. It must also be shown to the court that the spouses have received legal advice on the consequences of the divorce.

Only when the competent court has confirmed that the spouses can draw up a divorce agreement. You can read more about “amicable divorce” in the corresponding article. The agreement must regulate maintenance claims, custody of common children, and distribution of marital property, savings and debts. After the application has been filed, a court date is set.

Divorce without a lawyer poses dangers

Divorce without a lawyer poses hazards that can harm the future’s existence. Often, the financial burden of legal fees is relatively low compared to the long-term disadvantages. By forgoing legal advice, you can cut costs, but be sure to keep an eye on your future financial drawbacks.

These arise, for example, if you do not receive your entire property shares, do not claim or waive your entitlement to spousal maintenance. In a divorce, however, not only consider your maintenance entitlements and fair asset allocation but also:

  • Your social security status after a divorce
  • The legitimate consumption (household effects etc.)
  •  The marriage apartment
  • Savings and debts

 

 

Trial without a lawyer

If you attend a trial without a lawyer, the court will allow you to consider and advice. Before you can attend a court hearing, you must have received advice on all divorce consequences, including social security consequences and liability for credit.

If this is not done at the time of the court hearing, the court will postpone the hearing to a later date to give you sufficient time to do so. Although a divorce without a lawyer is possible, an adequate legal explanation regarding the divorce consequences must be claimed.

Disadvantages of a divorce without a lawyer

Those who decide to divorce without a lawyer often face difficulties. A lawyer is a good source of legal advice on maintenance claims, custody arrangements, and asset allocation issues. These aspects are complicated legal issues that should, at best, be discussed with an expert. Furthermore, a lawyer helps enforce all maintenance and property claims and intervenes as an expert between the spouses. Besides, divorce is associated with tax and social security consequences. As a layman, you can quickly overlook financial problems that are no longer correctable. Moreover, a lawyer can prevent spouses from making too fast concessions in a divorce settlement.

Also, a lawyer can save time, nerves, and money by speeding up the divorce process.

The advantages of adequate legal advice at a glance:

  • As a professional, a lawyer has a better understanding of divorce law
  • A lawyer ensures a straightforward and faster process of divorce.
  • A legal expert can enforce assets and maintenance claims.
  • Detailed legal advice provides an overview of the personal divorce situation and protects the spouse from financial disadvantages.

Advocate for family law – counselling even in case of mutual divorce

Dismissing a disputed divorce without a lawyer can be detrimental to you. Regardless of whether it is a mutual divorce by mutual consent or divorce, at most a lawyer can give you helpful hints and tips. Even in the case of a divorce by consensus, counselling can be beneficial to assert maintenance claims and to avoid disadvantages in asset allocation. We, therefore, recommend the consultation of a family law attorney. Furthermore, mediation offers a good alternative and, in most cases, achieves a viable solution to existing conflicts. But especially in a disputed divorce, you should take detailed legal advice.

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