Your Divorce Attorney in Vienna - Jakob Weinrich, LL.M.
If you are considering divorce or are already going through one, there is one thing you need above all else: a realistic assessment of your situation and a clear strategy. The Weinrich Law Firm guides clients in Vienna and throughout Austria through both uncontested and contested divorce proceedings—from the initial consultation through to the final, legally binding conclusion. Every case is handled personally.
Divorce in Austria - Your Options
Divorce by mutual consent (Section 55a of the Marriage Act)
The fastest and most cost-effective way to get a divorce is when both spouses agree on spousal support, child custody, and the division of assets. Legal representation is still recommended in this case.
Divorce under § 55 of the Marriage Act
This option may be considered if the marital relationship has been dissolved for at least three years—without proof of fault. It is a possible solution if the other spouse refuses to give consent.
Contested Divorce (Section 49 of the Marriage Act)
It is initiated by filing for divorce. The question of fault directly affects the right to post-marital support—thorough preparation is crucial.
Divorce for other reasons
In exceptional cases, a divorce may also be sought if one spouse suffers from mental illness, a mental disorder, or a contagious disease.
Our Services in Divorce Proceedings
Initial Strategic Consultation
Before the proceedings begin, we analyze your situation, gather relevant evidence, and develop a clear strategy—so you know what to expect.
Negotiation and Out-of-Court Settlement
Many divorces can be settled without going to court. We negotiate on your behalf, draft the divorce agreement, and review each draft for any unfavorable clauses.
Legal representation
If an agreement cannot be reached, we will represent you throughout the entire legal process—from filing the lawsuit through the preliminary hearings to the final judgment.
Restraining orders
When immediate action is required, we file for immediate court-ordered protective measures—to secure housing, protect against violence, or ensure the enforcement of child support claims.
Appeals proceedings
If a judgment does not meet your expectations, we will assess the likelihood of success in an appeal and represent you in appeal and review proceedings.
International Divorce Proceedings
In cross-border matters, we advise you on jurisdiction and applicable law—acting first often gives you a decisive strategic advantage.
Frequently Asked Questions About Divorce
In the case of a divorce by mutual consent, the proceedings typically take four to eight weeks, provided that all documents are complete and the court can schedule a hearing promptly. Experience shows that contested proceedings can drag on for one to several years, depending on the complexity of the case and the number of hearings.
The costs depend on the type of divorce and the amount in dispute. In a mutual divorce, the costs are manageable and easy to plan for. A contested divorce is significantly more expensive because it involves pleadings, court hearings, and, in some cases, multiple levels of appeal. During the initial consultation, you will receive a specific assessment of your situation.
No. Austrian law does not provide for a statutory separation period. For a divorce by mutual consent (Section 55a of the Marriage Act), the marital relationship must have been dissolved for at least six months. A divorce under Section 55 of the Marriage Act requires that the marital relationship has been dissolved for at least three years.
Yes, and it often makes sense. However, it is important to consider the implications for the subsequent division of property proceedings. Anyone who vacates the marital home prematurely may, under certain circumstances, forfeit their right to use the property. It is strongly recommended that you seek legal advice before moving out.
In the case of a divorce by mutual consent, there is no strict filing deadline, but the six-month period of irreconcilable differences must be verifiable. In the case of a contested divorce based on marital misconduct (Section 49 of the Marriage Act), the six-month filing deadline from the date of becoming aware of the misconduct is decisive. Anyone who misses this deadline loses the grounds for divorce based on that misconduct.
Following a divorce, joint custody by both parents generally remains in effect. An exception applies if the child’s welfare is at risk or if the parents themselves agree to a different arrangement. The question of which parent the child primarily lives with is separate from this and is addressed separately.
In a divorce by mutual consent (Section 55a of the Marriage Act), both spouses file a joint petition and have already reached an agreement on spousal support, custody, visitation rights, and the division of property. In a contested divorce, one spouse files a lawsuit and must prove that the other spouse is at fault or that the marriage has been irretrievably broken for a certain period of time. Fault has a direct impact on post-marital alimony claims.
This depends on who is at fault and the financial circumstances. If the other spouse is predominantly at fault, the injured party is entitled to spousal support based on their previous standard of living. Even in a divorce by mutual consent, post-divorce spousal support may be agreed upon or excluded. The amount is determined by the adjusted net income of the spouse obligated to pay support.
The marital home is generally subject to post-marital property division. The court decides, based on equity, who retains the right to use the home or whether it should be sold. Mutual agreements are possible and recommended.
Yes. If the other spouse refuses to consent to a divorce by mutual agreement, the only options remaining are a contested divorce under § 49 of the Marriage Act or—after three years of living separately—a divorce under § 55 of the Marriage Act. In both cases, legal representation is essential.
Your Divorce Lawyer in Vienna – Personal and Direct
A divorce is much more than a legal process—the decisions made during this phase often have long-term consequences for alimony, housing arrangements, custody, and assets. Those who forgo clear legal guidance risk entering into agreements that will cause lasting strain.
We handle every case personally—from the initial assessment to the final, legally binding resolution. No passing cases on to others, no one-size-fits-all solutions. Kanzlei Weinrich represents clients in Vienna and throughout Austria in uncontested and contested divorce proceedings, in maintenance matters, and in all related family law issues. During your initial consultation, you will receive a specific estimate of the costs for your individual situation.