When filing for divorce, a distinction must be made as to whether the spouses have previously agreed on an amicable divorce.
If this is the case, the filing takes place by filing a divorce petition with the competent district court. Which court has jurisdiction is usually determined by the spouse's last habitual residence. To make things easier, it is advisable to also enclose a settlement of the consequences of the divorce with the application for an amicable divorce in accordance with Section 55a EheG, which finally regulates the consequences of the divorce, i.e. spousal and child support, custody, division of the marital savings and marital assets.
If an amicable divorce cannot be achieved, an action for divorce would have to be filed with the competent court.
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