Divorce lawyer in Vienna

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.

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Divorce in Austria – Your Options

Divorce by mutual consent (Section 55a of the Marriage Act)

The fastest and most cost-effective form of divorce. The prerequisites are that the marital relationship has been dissolved for at least six months, both spouses acknowledge the irretrievable breakdown of the marriage, and there is agreement on spousal support, child custody, visitation rights, and the division of property. Here, too, it is advisable to seek legal counsel.

About Divorce by Mutual Consent

Contested Divorce (Section 49 of the Marriage Act)

This process is initiated by a petition for divorce and requires that the other party have committed a serious marital fault. The question of fault directly affects the right to post-marital support—thorough preparation and preservation of evidence are crucial.

On the Contested Divorce

Divorce under § 55 of the Marriage Act

This option may be considered if the couple has been living apart for at least three years—a possible course of action if the other spouse refuses to consent. The question of fault remains relevant, however: The defendant may request that the plaintiff be found primarily at fault, which significantly affects the claim for spousal support.

Divorce Without Fault (Sections 50, 52 of the Marriage Act)

In rare cases, a marriage may be dissolved even if the other spouse is not at fault: for example, if the spouse’s conduct that has broken down the marriage is due to a mental illness or a comparable impairment (Section 50 of the Marriage Act) or if the spouse suffers from a serious infectious disease (Section 52 of the Marriage Act). However, the court will not grant a divorce if the petition for divorce is not morally justified (Section 54 of the Marriage Act).

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 Skills and Divorce Agreements

A court hearing is required for every divorce—but a contested proceeding is not. We negotiate with the other party, draft the divorce settlement agreement, and review each draft for unfavorable clauses so that the hearing at the district court is merely a formality.

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

If immediate action is required, we will apply for immediate court-ordered protective measures: removal and a restraining order (§ 382b EO), general protection against violence (§ 382e EO), or the securing of ongoing support (§ 382(1)(8)(a) EO).

Appeals proceedings

If a decision does not meet your expectations, we will assess the likelihood of success of an appeal and represent you in appeal and administrative review proceedings.

International Divorce Proceedings

In cross-border cases, we advise you on jurisdiction and applicable law—because even the choice of forum can influence decisions regarding child support and the division of assets.

Legal Representation and Psychological Preparation for Litigation

In divorce and custody proceedings, we work closely with a psychologist and coordinate our approach on an ongoing basis. This ensures that legal strategy and personal preparation go hand in hand: You’ll know how a court hearing proceeds, how to address the other side’s conflict dynamics, and how to remain capable of acting in a stressful situation. This collaborative approach has proven particularly effective in cases involving children where negotiations stretch out over months. Psychological counseling is provided under a separate contractual agreement.

Do you have questions about divorce or would you like to have your situation assessed? Schedule an initial consultation—we’ll provide you with personalized, practical advice.

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Frequently Asked Questions About Divorce

How long does a divorce take in Austria?

In the case of a divorce by mutual consent, it usually takes anywhere from a few weeks to a few months between the filing of the petition and the court’s decision, depending on the court’s schedule. The hearing itself generally lasts only a few minutes—both spouses must appear in person before the district court; representation is not permitted at this hearing. Experience shows that contested proceedings can drag on for one or more years, depending on the complexity of the case, the taking of evidence, and the number of hearings.

How much does it cost to hire a lawyer for a divorce in Vienna?

The costs consist of two parts. Court fees are set by law and are therefore the same at every law firm:

Flat-Rate Fees Under the Court Fees Act, as of August 1, 2026
Process step	Fee
Petition for Divorce by Mutual Consent (Section 55a of the Marriage Act)	406 €
Settlement Regarding the Consequences of Divorce	406 €
Comparison with the Transfer of Real Property Rights	609 €
Divorce Petition (Contested Proceedings)	433 €
Retroactive Allocation Procedure	465 €

In a divorce by mutual consent, both spouses split these fees equally. Attorney’s fees are based on the amount of work involved and the type of proceeding—during the initial consultation, you will receive a specific estimate tailored to your situation. You can read about how we bill on the Legal Fees page.

Is there a one-year separation period in Austria?

No. Austrian law does not provide for a statutory one-year 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 have been dissolved for at least three years.

Can you move out of the marital home before the divorce?

Yes, and it often makes sense. However, moving out can affect the subsequent division of property proceedings: If you vacate the marital home prematurely, you may be giving up rights of use and weakening your position regarding who gets to keep the home. Seek advice before you move out, not after.

What happens to the shared apartment?

The marital home is subject to post-marital property division, even if one spouse brought it into the marriage alone or inherited it, provided that the other spouse is dependent on continued use of the home. The court decides, based on equity, who retains the right of use or whether the home should be sold.

The deadline is crucial: The petition for division of property must be filed with the court within one year of the divorce becoming final (§ 95 EheG). After that, the claim is permanently forfeited. Reaching a mutual agreement as part of the divorce proceedings is therefore almost always the better solution.

What deadlines do I need to keep in mind?

In the case of a divorce by mutual consent, there is no time limit for filing a petition; the requirement is that the marital relationship has been dissolved for at least six months. In the case of divorce on the grounds of marital misconduct (§ 49 EheG), a six-month period applies from the time the grounds for divorce become known; in any event, the right to divorce expires ten years after the misconduct occurred (§ 57 EheG). Forgiveness of the fault also eliminates the grounds for divorce (Section 56 of the Marriage Act). And once the divorce becomes final, the one-year period for filing a petition for the division of property begins.

Who gets custody of the children after the divorce?

Following a divorce, joint custody by both parents generally remains in effect. A different arrangement may be considered if the child’s best interests are at risk or if the parents themselves agree to it. If joint custody remains in effect, the parents must also submit an agreement to the court regarding the child’s primary residence.

In the case of a divorce by mutual consent, an agreement regarding custody, residence, visitation rights, and child support is actually a prerequisite for the court to grant the divorce at all.

Am I entitled to alimony after the divorce?

This depends on fault, financial need, and ability to pay. If the other spouse bears the predominant fault, a claim for spousal support under § 66 of the Marriage Act (EheG) may be considered—but only to the extent that the spouse’s own income and reasonable employment opportunities are insufficient. In addition, there are claims based on equity (§§ 68, 68a of the Marriage Act), such as after a long marriage or if one spouse is unable to provide for themselves due to child-rearing responsibilities.

In a divorce by mutual consent, post-marital support can be freely agreed upon or waived. This aspect of the agreement deserves the greatest attention, because a waiver is generally final.

What is the difference between a mutual and a contested divorce?

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 either a serious marital fault on the part of the other spouse or that the marriage has been irretrievably broken for a certain period of time. The issue of fault directly affects post-marital alimony claims.

Can I get a divorce if my partner doesn't agree?

Yes. If the other spouse refuses to consent to a divorce by mutual agreement, the divorce action may be filed under § 49 of the Marriage Act (EheG) or—after three years of separation—a divorce may be sought under § 55 of the Marriage Act (EheG). Although there is no requirement to be represented by an attorney in matrimonial matters, in contested proceedings the presentation of evidence determines the question of fault and, consequently, the amount of spousal support. Appearing in court without legal representation is rarely a good idea.

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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.