Marriage should be a beautiful and reliable union for life. But there is no guarantee. In many cases there are insurmountable difficulties, and no way back. Then there is only one solution: divorce. What you should pay attention to, what matters, and how this process works, describes this article and can help here the information platform Divorce Info.at.
The types of divorce
A divorce legally terminates the marriage contract between two married people. In Austria, if the marriage has been dissolved for at least 6 months, it can be dissolved according to the breakdown principle. For this, the spouses do not have to live separately, but must act independently of each other and basically be separated as a couple. This means that there will be no joint activities and no sexual relationship. The required documents for divorce are: Marriage certificate, birth certificate of the child, marriage contract, proof of income and financial documents. According to Austrian law, there are two types of divorce: amicable and contested divorce.
* Divorce by mutual consent
Both spouses agree to the divorce. The court decides on the application without a trial, the divorce is quick and uncomplicated. A mediator can help spouses avoid any conflict in advance, and the legal aspects of the divorce are settled out of court.
* Disputed divorce
In a contested divorce, only one spouse asks for a divorce and there must be grounds for divorce. After a hearing, the court will decide. If the divorce is very conflictual, it is recommended to seek divorce counseling and legal advice.
Costs of divorce
The cost of a divorce differs from procedure to procedure. A divorce consultation can help to get an exact clarification about it. In Austria, however, the following costs can be expected: Court costs and lawyer's fees.
* The court costs
The court costs are the costs for the divorce petition and the divorce settlement. Additional costs are incurred in the case of a property transfer and in the case of a divorce action in the case of a contested divorce. The court costs in the case of an amicable divorce are currently EUR 293 for the divorce petition and EUR 293 for the hearing. Accordingly, the most favorable case is 586 EUR. In the case of a contested divorce, EUR 312 for the divorce suit and EUR 293 for the divorce settlement must be expected. In the most favorable case of a contested divorce, the costs thus amount to EUR 612. Depending on the case, additional costs can arise at any time.
* Attorney fees
Further costs arise for the payment of the divorce lawyer. The lawyer's fees consist of a flat fee, which is a fixed fee for the entire process, and a time fee, for the lawyer's time spent and the type of services he or she provides. In order to keep costs as low as possible, it makes sense to get good advice in advance and to plan everything thoroughly.
Steps to take before the divorce proceedings begin
Before the proceedings can begin, it is important to think about how you envision life after divorce. This also includes the regulation of child custody, the regulation of maintenance claims and obligations, the division of marital property, the clarification of what should happen to the house or apartment. It is recommended to seek advice from a trustworthy lawyer in any case. With the so-called divorce decree, the divorce proceedings and thus the marriage between two people ends.