0 €, 0 €, 1.500 - 5.000+ €, 300 - 1.000 € Gerichtskosten, Inkl. in Gerichtskosten, Inklusive, 25-30 €, 0 €

What happens if I miss the deadline?

Ohne dokumentiertes Trennungsdatum kann der Partner später bestreiten, dass ihr getrennt wart!

Divorce in Essen – Fristen & Checkliste

Step 1

Document the separation

🚨

Frist: Immediately upon separation · Without a documented separation date, your partner may later dispute that you were separated!

The separation year begins when you live apart. Document the date in writing! Separation means: no more shared household.

📄 Required Documents

Written separation statement(Required)

Create yourself – ideally signed by both, send via email or registered mail to partner

💡 Tips

Separation in the same apartment is possible
Send email or letter to partner with separation date
Witnesses can be helpful later
No reconciliation attempt over 3 months

Separation agreement template↗

Step 2

Complete separation year

In Germany, you must live separately for at least 1 year before divorce can be filed.

⚠️In hardship cases (violence, addiction), divorce is possible without separation year – ask a lawyer!

⏰ 12 months💰 0 €

💡 Tips

Separation maintenance can be claimed during separation year
Close joint accounts
Check insurance
With children: discuss visitation

Calculate separation maintenance↗

Step 3

Find a family law attorney

A lawyer is mandatory for divorce in Germany. For amicable divorce, ONE lawyer for both is enough.

⚠️In contested divorce, EACH person needs their own lawyer!

⏰ 2-3 months before end of separation year💰 1.500 - 5.000+ €

📄 Required Documents

Marriage certificate(Required)

Original or certified copy – request new from registry office where you married (approx. €12)

Income statements(Required)

💡 Tips

Initial consultation often free
Legal aid available for low income
Bar association Hamm responsible for Essen
Online divorce = same costs

Find lawyers in Essen↗

Step 4

File divorce petition

The lawyer files the divorce petition at the Essen family court.

⚠️Application can be filed 2-3 months BEFORE the end of separation year!

⏰ After separation year💰 300 - 1.000 € Gerichtskosten

📄 Required Documents

Marriage certificate(Required)

Original or certified copy – request new from registry office where you married (approx. €12)

Birth certificates of children(Required)

If children present – from registry office of birthplace (approx. €12 each)

Registration certificate(Required)

Apply at citizens' office Cologne – approx. €10, shows separate addresses

💡 Tips

Family court Essen: Zweigertstraße 52, 45130 Essen
Jurisdiction: Family court where children live
Without children: Court at last shared residence
Court costs depend on net income

District Court Essen↗

Step 5

Complete pension adjustment forms

The court sends questionnaires for pension adjustment. Pension rights are divided.

⚠️Pension adjustment often takes 4-8 months – biggest time factor!

⏰ Note deadline in letter💰 Inkl. in Gerichtskosten

📄 Required Documents

Pension information of both partners(Required)

Annual pension info from DRV – available online at eservice-drv.de

💡 Tips

For short marriages under 3 years: no pension adjustment needed
Can be excluded by prenuptial agreement
Both partners receive pension statement
Riester, Rürup are also considered

Request pension information↗

Step 6

Attend divorce hearing

Both spouses must appear in person at the divorce hearing at Essen District Court.

⚠️For amicable divorce, the hearing only takes 10-15 minutes!

⏰ Set by court💰 Inklusive

📄 Required Documents

ID card(Required)

Current valid ID – needed for identity verification

Court summons(Required)

Comes by mail from family court – contains date, time and room

💡 Tips

Amicable divorce: about 10-15 minutes
Contested divorce: may require multiple hearings
After hearing: 1 month appeal period
Then divorce decree becomes final

District Court Essen↗

Step 7Only if changing name

Check name change

After divorce, you can take back your birth name at the Essen registry office.

⚠️If you change your name, ID card, driver's license etc. must also be renewed.

⏰ Anytime after divorce💰 25-30 €

📄 Required Documents

Divorce decree (final)(Required)

From family court – must be final (after 1 month appeal period)

ID card(Required)

Current valid ID – needed for identity verification

💡 Tips

Registry office Essen: Hollestr. 3, 45127 Essen | Phone: 0201 88-33733
Name change is voluntary
You can keep the married name

Registry Office Essen↗

Step 8

Change tax class

After divorce, you automatically switch to tax class 1 (or 2 for single parents).

⚠️During separation year, you can still keep the favorable tax class combination!

⏰ From January after divorce💰 0 €

📄 Required Documents

Divorce decree (final)(Required)

From family court – must be final (after 1 month appeal period)

💡 Tips

Inform employer about the change
During separation year: joint tax filing still possible
Tax class 2 for single parents with child

Change tax class↗

Divorce in Essen

Document the separation

📄 Required Documents

Complete separation year

Find a family law attorney

📄 Required Documents

File divorce petition

📄 Required Documents

Complete pension adjustment forms

📄 Required Documents

Attend divorce hearing

📄 Required Documents

Check name change

📄 Required Documents

Change tax class

📄 Required Documents

❓ Frequently Asked Questions

🔗 Related Topics