When you're on the brink of divorce, it's good to know where you stand. The situation seems deadlocked and there is little prospect of a quick settlement. In any case, there are several possibilities that lead to the goal.
What divorce is possible?
Your individual situation also determines the type of divorce. The most common type in Austria is a divorce by mutual consent. If there is agreement on the necessary key points, the time frame of the settlement is also manageable.
In the case of a disputed divorce, a lawsuit must be filed. In the proceedings, fault for the breakdown of the marital union must be proven. All other points that are settled by the parties themselves in the case of a divorce by mutual consent are decided by the court. This concerns spousal support, custody and the division of property.
How long does a divorce proceeding take?
This depends on the form of divorce itself, the willingness of the spouses to reach an agreement, as well as the workload of the court. If the key points are agreed upon, the joint petition for divorce can be filed and thus settled relatively quickly. In addition, the marital relationship must have been broken for at least six months.
The duration of a contested divorce depends entirely on the course of the proceedings. It is sometimes possible that divorce proceedings drag on for several years.
Do I get custody of the children?
After divorce, joint custody remains in principle. Regardless of the form. Unless there is a risk to the child's well-being or you agree otherwise.
What if we came to an agreement?
If you have agreed on the key points, you can file a joint petition for divorce by mutual consent. In any case, you must agree on spousal support, custody, contact rights, child support and the division of assets. In principle, there is no obligation to be represented by a lawyer in court, but it is advisable to have the agreement drawn up or checked by a divorce lawyer.
Why a divorce lawyer?
You do not have to be represented by a lawyer when you get a divorce. There are advantages to representation: Because a marriage is more than just a partnership and two personalities have been legally intertwined for years, the dissolution is often complex. In addition, divorce proceedings carry the risk of acting emotionally. All too often, this results in adverse decisions. This is where the input of the divorce attorney is important. This person is able to enforce your arguments, rights and options in the best possible way.