ROUTE

Divorce in Germany

The year apart, the effect on your residence permit, filing through a lawyer and automatic pension sharing — the whole divorce route step by step.

✓ Checked: 15/08/2026

Divorce in Germany is not a declaration that you wish to part, but court proceedings with one hard condition: the marriage must be established as having broken down. The proof is the year of living apart, and there is almost no way around it. This route therefore starts not with a lawyer but with the date that year runs from.

1

STEP

The year apart: the condition every divorce rests on

German courts only dissolve a marriage that has broken down, and the year of living apart is the proof. You can live apart inside one flat — but by rules the court will ask about.
2

STEP

Residence after divorce: the three-year rule

If your residence permit came through marriage, divorce affects it. The law grants an independent right of residence once the marital union lasted at least three years in Germany.
3

STEP

Filing the petition: a lawyer is mandatory

Only a lawyer can file a divorce petition — you cannot represent yourself before the family court. The other spouse needs no lawyer if they simply consent.
4

STEP

Pension sharing happens by itself

Pension rights built up during the marriage are split in half by the court automatically — no application needed. The most underestimated part of a divorce: money you will not touch for decades.
5

STEP

After the decree: name, taxes, paperwork

The decree becomes final — and then the chain of updates begins. Name, tax class, insurance, residence and your will each follow their own rules and none of them change by themselves.

COSTS AND DEADLINES

Deadlines you cannot miss

Trennungsjahr — 12 months apart before filingThe year apart: the condition every divorce rests onhard deadline
Three years of marital union in Germany — the thresholdResidence after divorce: the three-year rulehard deadline

Amounts follow official fees as of each step’s verification date. Your city may charge a different rate — check the step itself.

› More about this route

Five steps cover the whole process: the year apart and how to live it properly, the effect of divorce on your residence permit, filing through a lawyer, the automatic sharing of pension rights, and the chain of updates after the decree. The order is not cosmetic — two of these steps need to be understood BEFORE the year apart begins.

For anyone whose residence permit came through marriage, this route decides more than the divorce itself. The law grants an independent right of residence where the marital union lasted at least three years lawfully in Germany. Where you stand against that threshold is the first question to ask.

WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME

Counting the three years for residence from the wedding day. What counts is living together in Germany, not time since the marriage was registered. Being a few months out here costs your status.
Skipping the pension questionnaire. The court divides these rights on its own initiative, but on the figures you supply. A forgotten occupational pension means either an adjourned hearing or money missing thirty years from now.
Applying for legal aid after filing. It does not cover costs already incurred, so it belongs with the petition rather than with the invoice.
Assuming the divorce rewrites everything itself. Your name, your life insurance beneficiary, your will and your file at the immigration office change automatically in none of those places.

FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE

How long does a divorce take in total?▾

The year apart plus the proceedings themselves. After filing, the court stage usually runs from a few months to about a year: how long depends on the court’s workload and on how quickly pension providers return their statements. Disputes over children, maintenance and property extend it the most.

Does this work for a marriage concluded abroad?▾

Yes. A German court has jurisdiction where one spouse lives here, and a marriage valid under the law of the country where it was concluded is recognised. You will need the marriage certificate with a translation, and depending on the country an apostille or legalisation as well.

What happens to the shared flat and belongings?▾

Dividing property is not automatically part of the divorce: unlike pension sharing, it happens only on a separate application. If nobody applies, the court divides nothing and the question stays open for later.

Do both of us really need a lawyer?▾

No. One lawyer files the petition and the other spouse can simply consent. But whoever consents has no representation: their own claims on maintenance, children or property cannot be raised through the other side’s lawyer.

What applies in cases of violence within the marriage?▾

Separate rules apply: the law expressly provides an exception to the three-year residence requirement, and the court may grant a divorce before the year apart has run. These are individual decisions based on evidence, and the route starts with a specialist counselling service and a lawyer rather than with waiting out deadlines.

WHAT USUALLY COMES NEXT

Getting Married in GermanyMarrying with foreign documents: apostilles and the certificate of no impediment (2–4 months!), registering at the Standesamt, and the paperwork after the ceremony.Extending Your German Residence PermitStep-by-step route to extending your Aufenthaltserlaubnis: when to apply, which documents to prepare, what it costs and how the Fiktionsbescheinigung works — including the emergency path if your permit has already expired.Renting an ApartmentStep-by-step checklist for renting an apartment in Germany: application documents, lease signing, deposit, handover protocol, utility bill review, and reporting defects.Child maintenance after separationHow the amount is set, free help from the youth welfare office, adjusting for age and income — and why contact must not be linked to money.