Top 3 Differences between a Divorce in Germany and the United States.

Anyone who has suffered through a divorce, especially one who has gone all the way to trial, knows how expensive, exhausting, and life-changing a divorce can be. As a person who is generally curious about all things in Germany and its culture, I wondered what the differences are between the two countries regarding divorce, after some research, I have found that only three distinct differences stuck out.

1. Both parties must hire a lawyer

2. A mandatory year of separation

3. Three-year separation if one of the spouses doesn’t want the divorce.

1. Trennungsjahr is the German word for the mandatory year of separation before you can be divorced. There are exceptions to the law, if one of the spouses is violent, having an affair, or is pregnant/got someone pregnant, then a request can be made to expedite the divorce process. The separation begins when one spouse has a change of address, and they open individual bank accounts. If the couple can’t afford to live on their own, they must live in different bedrooms and live their lives separately. In the United States, the laws depend on what state you are in at the time of the divorce. In Washington they consider the day you move out as the day of separation; you don’t have to file for a legal separation. In the United States divorce laws are different in each state and no state has a minimum amount of time for a separation before you can file for divorce.

2. In Germany if your spouse does not want a divorce and has a valid reason to not dissolve the marriage, it’s a three-year mandatory separation before a lawyer can file for divorce. The same rules apply for the one-year separation, individual bank accounts, and change of address. The couple can live together if there is no other option and it’s impossible to move out. In the United States, if one spouse wants a divorce, the other spouse cannot stop it from happening. Spouses who don’t want a divorce or are trying to prolong the financial consequences of a divorce will find ways to stall the process.

3. Both spouses must hire a lawyer. A spouse can’t apply for a divorce at the family court, only a lawyer who represents you can do so. The same process as the United States happens after you file, the other spouse(respondent) receives the divorce information from the court. In my divorce, I had a lawyer and although it was expensive, I wouldn’t recommend going to court without one. My spouse didn’t have a lawyer but if she did, the process would have been a lot quicker, and a trial wouldn’t have been necessary. Making it mandatory to hire a lawyer is a good idea, in my opinion, it saves time and unnecessary stress.

The majority of the divorce proceedings are the same, child support is calculated somewhat fairly, alimony is decided on by a judge, and the amount of time for an uncontested and contested is comparable between the two nations. The cost of divorce in both countries is dependent on the factors on a case-by-case basis. Overall, I like the idea of the mandatory lawyer, but I think the amount of separation times are too long, I do understand how they could be beneficial to both spouses.

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