How does divorce work in Germany, how long does it take, and what is the separation year (Trennungsjahr)?
In Germany you usually have to live apart for a year before you can divorce. The application is filed at the family court through a lawyer; in an amicable divorce one lawyer is enough.
Separation year (Trennungsjahr): As a rule, you must have lived apart for at least one year before you can divorce. This can also be in the same flat, as long as you live separate lives (separate rooms, meals and finances). It helps to document the date of separation with a letter or email. In severe cases such as violence (Härtefall), a divorce may be possible without waiting a full year.
Filing: The divorce application (Scheidungsantrag) is filed at the family court (Familiengericht, part of the Amtsgericht) and must be submitted by a lawyer. In an amicable divorce, only the applying spouse needs a lawyer, which reduces costs.
Duration: After the separation year, court proceedings for an amicable divorce usually take a few months. The court also automatically divides the pension rights (Versorgungsausgleich). Disputes over property, maintenance or children can make the process longer.
Costs: Court and lawyer fees are based on both spouses' net income. If your income is low, you can apply for Verfahrenskostenhilfe. Ask the lawyer for a cost estimate before filing.
Also consider: If your residence permit depends on your marriage, find out beforehand how the divorce will affect it. For a German divorce to be valid in Turkey, it has to be recognised there, for example via the consulate. We explain both topics in separate questions. During separation, family counselling centres offer free support.
Where you can get help
- Handbook Germany: Almanya'da Boşanmak
Information in Turkish on the divorce process in Germany, the separation year and costs.
- Handbook Germany: Hukuki Yardım
Information in Turkish on state help with legal costs (Beratungshilfe, Prozesskostenhilfe).
- Service-Portal Berlin: Beratungshilfe beantragen
Applying for legal advice aid (Beratungshilfe) for people on a low income, via the local court (Amtsgericht).
This information is based on community experience and is not legal advice. Rules can change; check important things with the responsible office.
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