Jakob Weinrich, LL.M. - Your lawyer in Vienna.

Divorce lawyer Mag. Jakob Weinrich

Your divorce lawyer in Vienna

If you have decided to divorce, you have already taken an important step. Now there are still a few things to settle. As a divorce lawyer, I am at your side, regardless of whether your claims need to be negotiated as part of an amicable divorce or enforced in court.

Divorce proceedings not only pose legal challenges, but also represent a high emotional burden. Your divorce lawyer must therefore not only have legal expertise in family law, but also understand how stressful divorce proceedings are for you.

We clarify opportunities and risks with you, in particular whether legal proceedings make sense for you, and prepare you for negotiations.

We also represent you in matters relating to divorce proceedings, such as custody and maintenance proceedings, as well as interim injunctions.

As your divorce lawyer in Vienna, I strive to find a quick and effective solution to your conflict. The aim is to avoid lengthy court proceedings and to offer you sustainable results. If a legal conflict does arise, we will ensure
that your rights are enforced with the appropriate determination

Possibilities of divorce

Depending on your situation, different scenarios and therefore different divorce proceedings are conceivable.

Divorce by mutual consent

A divorce by mutual consent is initiated either by a joint petition for divorce or by an agreement reached during contested divorce proceedings.

There must be agreement on maintenance, custody of the children and the division of assets.

Divorce due to dissolution of domestic partnership

The prerequisite here is the expiry of a specified period. It can be applied for if the domestic partnership between the spouses has been dissolved for at least three years.

Your divorce lawyer in Vienna!

Disputed divorce

The contested divorce is initiated by means of a divorce action. In this divorce, the fault for the breakdown of the marital relationship must be proven in court. This means that evidence of serious marital misconduct must be provided. According to case law, this includes

- Adultery
- Physical and psychological violence
- Quarrelsomeness or hysteria
- Neglect of household management
- Lack of love and interest
- Violation of alimony
- Malicious abandonment
-Constant sole leisure activities

Divorce for other reasons

In order to proceed with this type of divorce, in addition to the breakdown of the marriage, there must be either mental illness, a mental disorder, or a contagious disease in one spouse.

Divorce benefits

Initial consultation

I offer an initial consultation for different phases of your relationship.

Advice before marriage: Marriage entails far-reaching legal obligations and consequences. You should be aware of this before you get married.

Before the separation: If a separation is imminent but has not yet been pronounced, the course can still be set. The preconditions and consequences are weighed up, in particular whether, when and how a divorce should be initiated.

In the event of divorce: Have you already been confronted with a request for divorce or a divorce petition? Then you will receive information about the risks and opportunities as well as specific recommendations for action on your questions.

Consultation in case of divorce by mutual consent

According to your individual needs, we offer the drafting, review and negotiation of the divorce agreement in the event of an amicable divorce. 

We are also happy to take over the coordination: 

- Submission of the application to the court

- Making an appointment for your divorce 

- Accompaniment in court.

Strategic counseling before separation/divorce

Divorce proceedings require, above all, good preparation.

Therefore, I offer the evaluation of your situation already in the run-up to a divorce proceeding, in particular on the basis of the examination of your marital and economic circumstances as well as divorce-relevant documentation such as marriage certificate, marriage contracts and wills as well as other agreements. Based on this information, a strategy adapted to your needs will be worked out.

Representation in contested divorce

I offer you full representation. As a divorce lawyer I represent you already during the examination of possible divorce preconditions. After an evaluation of divorce preconditions, I work out the appropriate strategy, because the filing of the divorce petition or its defense is based on this strategy.

- Evaluation of your opportunities and risks

- Development of a strategy

- Drafting the divorce petition

- Representation in court

Restraining order and protection against violence

We represent our clients in all proceedings that may arise in connection with a divorce. This includes, in particular, interim injunctions in the area of protection against violence and housing protection.

Divorce FAQ

The duration of a divorce depends heavily on the proceedings. Uncontested divorces are often finalized within 1-2 months, while contested proceedings can usually take longer than a year.

This depends entirely on the procedure. It is often possible to complete an amicable divorce within 1-2 months. Contested divorce proceedings, on the other hand, can take longer than a year.

In principle, moving out of the matrimonial home can be regarded as malicious abandonment and therefore as serious marital misconduct. However, if the spouse's behavior is unreasonable, there is no marital misconduct.


For a divorce by mutual consent (§ 55a EheG), the marriage must have been broken for at least six months.

In the event of a contested divorce (§ 49 EheG), marital misconduct must generally be asserted within six months.

In the case of divorce pursuant to § 55 EheG (separation of household), a period of three years applies.

In Austria, there is no statutory year of separation. The different forms of divorce are subject to the respective time limits.

More about divorce from our legal blog