Types of divorce
According to Austrian law, there are basically four different types of divorce. Which one applies to you is irrelevant. My maxim is to avoid a long, cost-intensive and nerve-racking war of roses by all means and at the same time to achieve the optimum for you.
In the case of an amicable divorce, we are talking about a marital union that has been dissolved for at least six months and the marriage has broken down beyond repair. This means that your marriage can no longer be restored.
A prerequisite for an amicable divorce is that the two spouses are clear about the solution to the consequences of the divorce and record this in writing in a comparison of the consequences of the divorce. In this comparison of the consequences of divorce, spousal support, child custody, contact rights for children, child support and the distribution of assets are regulated.
If you and your spouse cannot agree on an amicable divorce, then divorce proceedings with the help of a court must be used. In this case, the plaintiff's partner must prove that he was at fault for the breakdown of the marriage. The disruption is in the form of marital misconduct such as adultery, psychological terror, psychological violence, threats and much more. shown.
As soon as the divorce suit is filed, the judicial process begins. Maintenance issues, custody and contact rights are asserted in a separate procedure.
If your household with your partner has been dissolved for three years, one spouse can obtain a divorce, regardless of fault. With this form of divorce, there are advantages in terms of alimony and social security law, which I would be happy to explain to you in a personal conversation.