It is required by law that a lawyer may only file the divorce application. Thus, the spouse who wants to divorce must also hire a lawyer and be officially represented by him. The appointed attorney can then file the application for divorce with the court. The court will then process the case and initiate all necessary steps. The divorce lawyer then ensures that the process runs smoothly.
The authorized attorney must also be present at the divorce hearing. All applications made in the process are not possible without a lawyer. A spouse without legal representation can therefore not file for divorce themselves. So the divorce would not be possible at all.
If the divorce is amicable, the other spouse does not need a second divorce lawyer. According to Section, consent to the divorce is also possible without representation by a lawyer. It is also possible to withdraw the divorce application or revoke consent without indication. The other spouse can also apply for the separation of an ancillary matter from the divorce. This can speed up the process. The implementation of pension equalization can also be used under certain conditions.
Do you want your divorce to be effective immediately after the divorce date? If this point is essential to you, a lawyer should also represent the other spouse. An appeal waiver can only be applied for with a divorce attorney at the appointment. As a result of the appeal release, the divorce would take effect immediately after the end of the date and not only after one month had expired.
Therefore, the appeal waiver is only possible if a lawyer represents both spouses. If you want to marry a new partner soon after the divorce, it will make sense to hire a second lawyer. Thus, the divorce would be legally valid immediately, and a new marriage would be possible without any problems.
Does the obligation to have a lawyer also apply to simple cases?
The lawyer is compulsory in divorce. However, many couples ask themselves whether this requirement is also met in the case of an amicable divorce. An amicable divorce means that both spouses agree on all points. Not infrequently, there is also a notarial agreement (marriage contract). This agreement often regulates most of the consequences of a divorce. So the process and process of divorce seems clear.
Many spouses do not understand that a divorce lawyer near me is essential. Even in uncomplicated cases of divorce, a lawyer is compulsory. The law on the obligation to have a lawyer makes no distinction here. Even consensual divorce proceedings require at least the engagement of a lawyer. Even if the other process seems straightforward, a lawyer must ultimately file for divorce. Regardless of the circumstances, the competent court cannot make any exceptions here.