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Online divorce: how does it really work?

An 'online divorce' is not a divorce at the click of a mouse. What is meant is that engaging and communicating with the lawyer happens online. The divorce itself must still be pronounced by a family court, and a lawyer is mandatory.

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In divorce proceedings there is mandatory legal representation: at least the spouse filing the application must be represented by a lawyer (§ 114 FamFG). The 'online divorce' only makes the engagement easier, but does not replace the court.
In an amicable divorce, a single lawyer for the applicant can suffice while the other consents. This saves costs compared with a contested procedure involving two lawyers.

What you should do now

  1. 1

    1. Check the requirements

    Clarify whether the year of separation has elapsed and whether there is agreement.

  2. 2

    2. Engage a lawyer

    Engage a lawyer; communication can take place online.

  3. 3

    3. File the application

    The lawyer files the divorce petition with the family court.

  4. 4

    4. Attend the hearing

    For the divorce hearing, the spouses generally must appear in person.

How to spot the scam

  • You expect a divorce without a court and a lawyer.
  • Ancillary matters such as maintenance or pension equalization are overlooked.
  • The year of separation has not yet elapsed.

Frequently asked questions

Can a divorce really be done completely online?

No. 'Online divorce' only means that engaging the lawyer and the correspondence with them happen online. The divorce must be pronounced by a family court, and legal representation is mandatory (§ 114 FamFG). For the hearing, the spouses generally must appear in person.

Do I even need a lawyer?

Yes, at least the spouse filing the application must be represented by a lawyer. In an amicable divorce, one lawyer whom the other spouse consents to is often enough; this lowers the costs compared with a contested procedure.

When is the online variant cheaper?

Above all in an amicable divorce without dispute over ancillary matters. Then one lawyer is enough and the procedure is manageable. In cases of dispute over maintenance, assets, or children, it becomes more involved and more expensive, regardless of the online route.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.