0 €, 0 €, 1.500 - 5.000+ € (je nach Einkommen), 300 - 1.000 € Gerichtskosten, Inkl. in Gerichtskosten, Inklusive, 0 €, 25-30 €, Variiert

What happens if I miss the deadline?

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

Divorce in Hamburg – 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!

Hamburg has 8 district courts with family courts. The Public Legal Information Service (ÖRA) offers free initial consultation for low-income people!

📄 Required Documents

Written separation statement(Required)

Ideally signed by both

Rental contract for new apartment(Optional)

As proof

💡 Tips

8 family courts: Mitte, Altona, Barmbek, Bergedorf, Blankenese, Harburg, St. Georg, Wandsbek
ÖRA: free legal advice for low income
Lawyer required for divorce petition!
Amicable divorce: 1 lawyer sufficient
Separation year is required

Hamburg Divorce - Info↗

Step 2

Complete separation year

In Germany, you must live separately for at least 1 year before divorce can be filed. Use this time to clarify finances and assets.

⚠️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 or block joint accounts
Check insurance policies (who is covered where?)
With children: discuss visitation arrangements

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 – saves 50% on lawyer fees!

⚠️In contested divorce, EACH person needs their own lawyer. Costs increase significantly!

⏰ 2-3 months before end of separation year💰 1.500 - 5.000+ € (je nach Einkommen)

📄 Required Documents

Marriage certificate(Required)

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

Income statements of both partners(Required)

Last 3 payslips from employer or tax notice from tax office

Family register(Optional)

If available – you received it at marriage, contains all family certificates

💡 Tips

Initial consultation often free or low fee
Legal aid available for low income
Online divorce = same costs, just digital communication
Bar association helps find lawyers

Find lawyers in Hamburg↗

Step 4

File divorce petition

The lawyer files the divorce petition at the family court. The applicant pays the court fee advance first, later it's split.

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

⏰ After separation year💰 300 - 1.000 € Gerichtskosten

📄 Required Documents

Marriage certificate (original or certified copy)(Required)

Request from registry office where you married – approx. €12

Birth certificates of children(Required)

If children present

Registration certificate(Required)

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

💡 Tips

Jurisdiction: Family court where children live
Without children: Court at last shared residence
Court costs depend on net income
Partner must agree (amicable) or will be notified

Family Court Hamburg↗

Step 5

Complete pension adjustment forms

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

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

⏰ 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

Company pension info(Optional)

If applicable – request from employer or pension fund

Private pension insurance(Optional)

Riester, Rürup, private pension – request certificates from insurance company

💡 Tips

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

Request pension information↗

Step 6

Attend divorce hearing

Both spouses must appear in person at the divorce hearing. The court checks if the marriage has failed and pronounces the divorce.

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

Family Court Hamburg↗

Step 7

Change tax class

After divorce, you automatically switch to tax class 1 (or 2 for single parents). The change applies from the year AFTER divorce.

⚠️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 in household
Tax return in divorce year can be complex – tax advisor helps

Change tax class↗

Step 8Only if changing name

Check name change

After divorce, you can take back your birth name. You need to make a declaration at the registry office.

⚠️If you change your name, ID card, driver's license, bank cards 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

Birth certificate(Required)

From registry office of your birthplace – shows your birth name (approx. €12)

💡 Tips

Get birth certificate with new name from registry office
Apply for new ID card and passport
Inform employer, bank, insurance companies
Name change is voluntary – you can keep the married name

Registry Office Hamburg↗

Step 9

Adjust insurance & contracts

🚨

Frist: After divorce · Don't forget to remove ex-partner from beneficiaries (life insurance, will)!

Check all joint insurance and contracts. Many things need to be separated or adjusted after divorce.

💡 Tips

Health insurance: Family coverage ends
Liability/household: Separate policies needed
Life insurance: Change beneficiary
Car insurance: Check owner and driver
Will and inheritance contract: Remove ex-partner

Compare & adjust insurance↗

Divorce in Hamburg

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

Change tax class

📄 Required Documents

Check name change

📄 Required Documents

Adjust insurance & contracts

❓ Frequently Asked Questions

🔗 Related Topics