If you are considering divorce in Munich, there are many options to consider. If you have children, you may need to seek spousal support or child support from your spouse. This can be difficult, but there are resources available to help you. One of the easiest options is to hire an attorney in Munich.
Separation alimony
If you are contemplating divorce in Germany, you will find a number of complex laws in place. This is especially true if children are involved. A skilled Familienrecht München can help you achieve a beneficial resolution.
The most basic requirement for a divorce in Germany is that both partners have lived in the same district for a year or more. If this is the case, the parties must make an appointment to see a judge. The court will consider several factors to determine whether the marriage has ended.
For example, a court may award the marital home to one party. However, a spouse has no right to sell the house.
The same goes for the assets the two parties own. The court will divide the household goods and items that are commonly used in the household. The court may also award alimony, a type of spousal support.
Spousal support
Spousal support (also called alimony) is a financial support awarded to a former spouse. It may be temporary or permanent. A spousal support award is based on the ability of the former spouse to find work or to maintain their standard of living.
The German Civil Code defines the terms for spousal support. The law also provides provisions for the calculation of child support. In some cases, the Federal Court of Justice decides whether or not spousal support is appropriate.
For spousal support, the parties must complete a Uniform Support Declaration. The declaration must be served on the other party.
A judge will consider a number of factors when deciding on spousal support. These include the need of the other party, the earning capacity of each party, and the circumstances of the marriage.
Child support
Child support is a form of financial assistance paid by a parent to another person. It is a right enshrined in German law. The obligation to pay child support typically ends when the child is able to earn money for themselves. However, the amount of the support varies according to the age and income of the parents.
In Germany, the “Dusseldorfer Tabelle” is used as a guideline for calculations of child support. It aims to provide a broad-based maintenance jurisdiction.
For adults, support is based on the total net income of the parents. The total net income includes all relevant deductions from the Düsseldorf Tabelle.
For children, the maintenance obligations start at birth. The Dusseldorfer Tabelle applies to all children under 18 living in Germany. It is designed to make child support payments fairer.
Renewing your residence permit after the divorce
When a marriage ends, many people wonder if it will affect their immigration status in the United States. The good news is that most green card holders are protected from revocation of their permanent resident status. However, there are some steps you must take if you are considering divorce.
If you want to stay in the United States, you need to file a visa petition. This can be done through Form I-130. This is the initial stage in the immigration process. You must fill out the form and provide two documents proving your residence address.
If you already have a 10-year Green Card, you can renew it after the divorce. If you do not have a 10-year Green Card, you must marry a U.S. citizen or apply for a self-petition under VAWA.
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