October 29, 2020
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Anyone who researches on the Internet about a separation or divorce will repeatedly come across the term online divorces, Internet divorce or divorce at the click of a mouse. Some portals even specialize in it. Today I would like to briefly clarify with you what the term is all about and what we can do for you.
First of all: I like to be online. In many cases it is practical: I order online, I shop online, I have documents sent to me online in my professional life or I find out more.
I also like to advise online. So you are welcome to contact me now.
But it’s different when I get divorced. Divorces are very personal.
There are claims circulating on the Internet that online divorce or divorce at the click of a mouse is easier, better, cheaper.
I will therefore discuss 7 claims:
First claim: Divorce is possible at the click of a mouse
It is a misconception that divorces are conducted online. “Online divorces” do not exist. The term “online divorce” or “internet divorce” alone is misleading. In the event of a divorce, applications must always be submitted to the family court. In divorce proceedings applies Compulsory lawyer, ie it is necessary to be represented by at least one lawyer for the submission of the divorce petition. In addition, the parties must always be heard personally at the divorce date.
Second claim: Internet divisions are cheaper!
This statement is not correct. Lawyers calculate the fees according to the value of the item and the Lawyers’ Remuneration Act. There are always two fees:
The negotiation fee and the appointment fee. There are no further fees (unless other questions are clarified by means of a settlement).
The court determines the object value. According to this, the lawyer calculates his fees. These fees cannot be reduced.
You can find out more about the costs of a divorce here:
In addition, the lawyer is legally obliged to calculate the statutory fees in court proceedings.
Third claim: only the minimum fees are charged
Some sites promise that only the minimum fees will be charged. This statement must also be checked, because the Lawyers’ Remuneration Act stipulates which fees must be paid for the judicial process; No less, but no more.
Conclusion: You pay the same whether you hire a lawyer for divorce proceedings online or not.
The disadvantage: On most of the pages you have no way of getting a personal picture of your lawyer. It is not uncommon for the situation to change in divorce proceedings because questions still arise or new applications have to be made. A consensual divorce often turns into a contentious divorce after all. Then it is particularly important that you have carefully chosen your lawyer beforehand.
Our tip: Invest in an initial consultation and check out YOUR lawyer.
Fourth assertion about the Internet decision: There are no additional costs!
Imagine you live in Cologne. You hire – because a “divorce portal” promises you lower fees – a lawyer you do not know through this portal. It turns out that he lives in Hamburg. Then the lawyer either has to drive from Hamburg to Cologne to attend the divorce date or the lawyer has to hire a local colleague. If your lawyer travels from Hamburg to Cologne, there are additional travel and absence fees; if “your” lawyer engages a colleague on site, additional fees arise because the lawyer on site will also charge his own fees.
Fifth claim: divorce online is faster!
You have to differentiate here.
The documents can of course be quickly sent to the lawyer online. However, this is not something that specifically applies to family law; it applies to all procedures.
There is also a kind of “online mailbox” for lawyers. This enables the lawyers to submit the documents online. However, this does not accelerate the process particularly quickly, since all documents are sent by post to all those involved in the process.
The speed of a divorce does not depend on whether you go to a lawyer in person or look for a lawyer on the internet. As a rule, you have to reckon with 4 – 8 months of proceedings. If foreign nationals are involved, the procedure may be delayed again.
- The length of the procedure depends on the following factors:
- – how quickly your lawyer submits the application to the court or
- – For example, how quickly you fill out the documents for the pension adjustment
- – how fast the court works;
- – also how quickly the pension adjustment is calculated
- – or how soon a divorce date will be determined by the court
- – how quickly the divorce decree becomes final.
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If foreign nationals are involved, the procedure can be delayed again, as, for example, information about the pension adjustment must also be obtained from abroad.
Many websites also hide a special feature:
If the parties are both represented by a lawyer, they can both waive the legal remedies against the divorce decree at the divorce date.
The divorce decree then becomes final on the same day and theoretically you could get married again the next day. The websites that advertise a quick online divorce just want you to use just one lawyer. Then you cannot waive the legal force at the divorce date, but the divorce decree only becomes legally binding one month after the divorce decree has been served on both parties. Since the judgments still have to be written and sent after the divorce date, it can take another 6-7 weeks in total until the divorce judgment is final.
Sixth claim: you only need a lawyer
It is correct that for a divorce the applicant party must be represented by a lawyer. That means at least one lawyer is required.
For this you need to know: a lawyer MAY only represent one party. By law he is not allowed to represent both parties – otherwise this is punishable (so-called betrayal of parties or conflict of interests).
For example, if the husband has a lawyer and is applying to the court, you should know that the husband’s lawyer can and will ONLY represent him. He must and will therefore only look after the interests of his client.
You can appear in court alone – without a lawyer. As soon as you have any questions, however, you must not turn to your spouse’s lawyer! If you do so, the attorney will only ever consider your spouse’s interests and not yours, no matter what he says. Due to his position, the judge is obliged to be neutral. You cannot submit your own applications to the court without a lawyer in court proceedings; this is only possible with a lawyer.
TIP: Since the maintenance reform have to Agreements on post-marital maintenance are notarized if they were made before or during the divorce. If this formal requirement is not observed, the agreement is ineffective. If the parties want to conclude an agreement in a matrimonial matter, this also means that the two parties each need their own lawyer. This also applies especially if you want to record the maintenance agreement at the divorce appointment.
Seventh claim: The client does not need to keep an appointment at the law firm!
It is true that you can take an online consultation or a telephone consultation. We also offer this to you.
You should keep in mind that due to the length of the proceedings you will remain in touch with the lawyer for at least 6 months.
Addition: The Internet is no substitute for advice
Some websites believe that advice can be replaced by your own research on the Internet. On-site advice is not necessary or superfluous. This is wrong. Each case is different and unique. It is therefore only possible to give general advice on the Internet; however, you can only deal with your case personally with your own lawyer. You should also make sure that you contact a specialist family law attorney. Many websites that offer a quick and cheap online divorce are not even looked after by a specialist lawyer.
What can we do for you?
We offer you to find out more about our skills and working methods in an initial consultation. Lawyer Wille is a specialist lawyer for family law. We will explain the costs of a divorce to you beforehand. We also address the possibility of legal aid. Often other questions arise with the divorce: what about child support, spouse support, the common house, for example?
You might also be interested in:
In our podcast we regularly deal with current questions about family law. The podcast is free.
Author: Lawyer Klaus Wille
and specialist lawyer for family law
Breite Str. 147 – 151
50667 Cologne
Tel.: 0221/ 2724745
www.anwalt-wille.de
https://twitter.com/AnwaltWille
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