This is where the court stage begins, and the first rule is simple: nobody can represent themselves before the family court. A lawyer files the petition. That does not mean two lawyers are needed, nor that the process has to be expensive.
Filing the petition: a lawyer is mandatory
Only a lawyer can file a divorce petition — you cannot represent yourself before the family court. The other spouse needs no lawyer if they simply consent.
✓ Verified: 15/08/2026
WHAT TO DO
AUTHORITY
Amtsgericht / Mahngericht
Federal agencyPayment orders and enforcement orders run through your state's central Mahngericht. Apply online at online-mahnantrag.de.
› Details and tips
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Max recommends:
We settled everything beforehand and instructed a single lawyer — noticeably cheaper. It only works when there is genuinely nothing to argue about.
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Lea recommends:
Legal aid is applied for WITH the petition, not afterwards. Filed late it does not cover costs already incurred — people lose money on this regularly.
Useful Tools
- Verbraucherzentrale Legal
Consumer protection centres.
FREQUENTLY ASKED QUESTIONS
Why can I not file it myself? ▾
The law requires representation by a lawyer in divorce proceedings before the family court. This is not at the court’s discretion but a plain rule: a petition without a lawyer will not be accepted.
Do we both need lawyers? ▾
No. One is enough and files the petition. The other spouse can simply consent and needs no lawyer for that. But they then have no representation: they cannot raise their own claims on maintenance, property or children through the other side’s lawyer.
What if I cannot afford the proceedings? ▾
Legal aid for court costs exists for people on low income. It is applied for together with the petition and requires disclosure of income and assets. If your circumstances improve, repayment can later be demanded.
What does it cost? ▾
Costs are calculated from the value of the proceedings, which follows from both spouses’ income and their assets — so there is no single figure. Your lawyer and the statutory fee tables give the range, and asking for an estimate before filing is entirely normal.