Divorce - costs and procedure

You would like to know which Divorce costs you have to face? Divorce is not only an emotional challenge, but also a financial one. The costs of a divorce depend on various factors - in particular the income of the spouses and whether the divorce is amicable or contested. Lawyer Martin Reichelt in Dresden will inform you transparently about all the costs you can expect.

Divorce costs - how are they made up?

The divorce costs consist of two main items:

1. Legal costs: These are calculated by the family court according to the value of the proceedings and must be paid in advance as an advance on court costs.
2. Legal fees: The lawyer's fee is also based on the value of the proceedings and is calculated in accordance with the German Lawyers' Fees Act (RVG).

The procedural value - the decisive calculation parameter

The value of the proceedings determines the amount of the court and lawyer's fees. In the case of a divorce, the value of the proceedings is made up of

Divorce case

The value of the proceedings for the divorce itself is calculated from the three times the net income of both spouses (§ 43 FamGKG). Example:

• Spouse 1: € 2,500 net
• Spouse 2: €1,500 net
• Together: € 4,000 × 3 = 12,000 € value of proceedings

Certain amounts are deducted from net income, in particular maintenance obligations towards children (usually €250 per child).

Pension equalisation

For each entitlement to pension equalisation (pension entitlements) 10 % of the value of the divorce proceedings is added. With two entitlements per spouse (statutory pension + occupational pension), 4 × 10 % = 40 % are therefore added.

Detailed cost table according to the value of the proceedings

Net income (total)	Process value	Court costs	Legal fees (1 lawyer, net)	Total costs (1 lawyer)
2.000 €	6.000 €	approx. 254 €	approx. 925 €	approx. 1,350 €
2.500 €	7.500 €	approx. 294 €	approx. 1,200 €	approx. 1,700 €
3.000 €	9.000 €	approx. 334 €	approx. 1,260 €	approx. 1,850 €
3.500 €	10.500 €	approx. 370 €	approx. 1,550 €	approx. 2,050 €
4.000 €	12.000 €	approx. 406 €	approx. 1,550 €	approx. 2,250 €
5.000 €	15.000 €	approx. 454 €	approx. 1,800 €	approx. 2,600 €
6.000 €	18.000 €	approx. 534 €	approx. 2,250 €	approx. 3,000 €
7.000 €	21.000 €	approx. 588 €	approx. 2,270 €	approx. 3,300 €
10.000 €	30.000 €	approx. 786 €	approx. 3,050 €	approx. 4,400 €

Figures without pension equalisation, legal fees incl. VAT. If represented by two lawyers, the legal fees are doubled. The minimum value of the proceedings is € 3,000.

Divorce by mutual consent - the most favourable option

With a amicable divorce both spouses agree on all essential points (maintenance, assets, custody). In this case a lawyer for the petitioning spouse. The other spouse only has to agree to the divorce.

Advantages of divorce by mutual consent:

• Only one lawyer needed: The legal fees are only incurred once
• Shorter process duration: Usually 3 to 6 months after application
• Lower procedural value: No additional consequential matters that increase the value
• Less emotionally stressful: Particularly important for joint children

Disputed divorce - consequential matters drive up costs

If the spouses are unable to reach an agreement, the disputed points are recognised as Subsequent matters in the divorce proceedings. Each subsequent matter has its own procedural value, which increases the overall costs:

• Equalisation of accrued gains: The procedural value corresponds to the required equalisation amount
• Spousal maintenance: 12 times the monthly amount of the required maintenance
• Custody: Usually € 4,000 lump sum
• Right of access: Usually € 4,000 lump sum
• Marital home: Annual rent or utilisation value
• Household effects: Estimated value of the disputed items

In contentious proceedings, the each spouse has their own lawyer, which doubles the costs. With high amounts in dispute and several subsequent matters, the total costs can quickly amount to €10,000 or more.

Online divorce - what's behind it?

The term „online divorce“ is misleading. A divorce in Germany can be not completely online be carried out. The divorce hearing before the family court requires the Personal presence of both spouses (§ 128 FamFG).

What is referred to as „online divorce“ actually means:

• Mandate acceptance via the Internet: You fill out an online questionnaire and submit documents digitally
• Communication by e-mail and telephone: Correspondence with the lawyer takes place electronically
• Only the court hearing takes place in person

Advantages: Convenient procedure, no personal appointments with lawyers necessary, often more favourable fee agreements. Disadvantages: Less personal support, not suitable for contentious divorces with many consequential matters.

In order to keep divorce costs as low as possible, lawyer Reichelt also offers communication by e-mail and telephone, but combines this with an initial personal consultation so that all relevant aspects of your divorce are covered from the outset.

Legal aid (VKH)

If you are unable to bear the costs of the divorce yourself, you are entitled to Legal aid (§ 76 FamFG in conjunction with §§ 114 ff. ZPO). The requirements:

• Neediness: Your income and assets are not sufficient to cover the costs
• Sufficient prospect of success: The proceedings must have a prospect of success (almost always the case with divorces)
• No wilfulness: The legal action must not be wilful

If approved, the state treasury will pay the court and lawyer's fees. Depending on your income, VKH can be granted as:

• Subsidy: No repayment required (for very low income)
• Interest-free loan with instalment payment: Maximum of 48 monthly instalments, depending on the income to be used

Attorney Reichelt will assist you with the application and check in advance whether the requirements are met in your case.

Application: The VKH application is submitted to the family court together with the divorce petition. The application must be accompanied by evidence of income, assets, housing costs and other expenses. This includes, in particular, the last three payslips, the current tax assessment notice, bank statements for the last three months, the tenancy agreement and proof of maintenance obligations and loan instalments. The complete submission of all documents speeds up processing considerably.

Repayment: If your financial situation improves within four years of the end of the proceedings, the court can subsequently convert the VKH granted into a loan with instalment payments. You are obliged to inform the court of any significant improvements in your income situation.

Divorce settlement agreement - reduce costs in advance

One Divorce settlement agreement regulates the main consequences of the divorce even before the proceedings: Maintenance, equalisation of gains, division of assets, custody and access rights. Parts of the agreement require notarisation (especially in the case of waiver of pension equalisation or equalisation of gains).

Through a divorce settlement agreement:

• Elimination of costly follow-up matters in divorce proceedings
• Is one lawyer sufficient for the divorce petition?
• If the process is significantly accelerated
• Both spouses retain control over the arrangements

Year of separation - prerequisite for divorce

Before the divorce, the spouses must at least live separately for one year (§ 1565 BGB). „Living apart“ means that there is no longer a domestic partnership and at least one spouse does not wish to restore the marital relationship.

Separation within the matrimonial home is possible if the spouses live together in the same home. Separate areas of life separate bedrooms, separate household management (own cooking, washing, shopping), no shared meals. The year of separation can also take place within the shared home, but it is more difficult to prove in court.

Hardship divorce: In extremely exceptional cases, divorce can also be granted without observing the year of separation (§ 1565 Para. 2 BGB). Such a case of hardship exists if the continuation of the marriage for one spouse for reasons that lie in the person of the other spouse is a hardship. Unreasonable hardship such as domestic violence, severe abuse or severe alcoholism with aggression.

Alimony during the divorce

During the year of separation, the economically weaker spouse can Separation maintenance (§ 1361 BGB). After the divorce, post-marital maintenance can be claimed if the requirements are met (§§ 1569 ff. BGB) - for example, due to caring for joint children, age, illness or lack of earning capacity.

The calculation of maintenance is based on the income of both spouses. Maintenance also influences the Divorce costs, as it increases the value of the proceedings if it is asserted in court.

Deducting divorce costs from tax

Since a change in the law in 2013, divorce costs can be basically no longer can be claimed for tax purposes as an extraordinary burden (Section 33 (2) sentence 4 EStG). A deduction is only possible in extremely exceptional cases if the basis of existence is threatened.

Divorce procedure in Dresden

1. Initial consultation: Attorney Reichelt discusses your situation and advises you on the options
2. Year of separation: The prerequisite is at least one year of separation (§ 1566 BGB)
3. Divorce petition: Filing with the Dresden Family Court
4. Pension equalisation: The court determines the pension entitlements of both spouses (often takes 4-8 months)
5. Divorce date: Oral hearing before the family court (duration: approx. 15-30 minutes for divorce by mutual agreement)
6. Divorce decree: Legal force after expiry of the appeal period (1 month) or immediate waiver of appeal

If you are also interested in further topics relating to divorce, you will find information on the Family law.

Frequently asked questions about divorce costs

Who pays the divorce costs?

The court costs are usually divided equally. Each spouse bears the costs of their own lawyer. In the case of a divorce by mutual consent, it can be agreed that one spouse will bear the entire costs.

Can I also organise the divorce online?

Communication with the lawyer can take place by email and telephone, which is often referred to as an „online divorce“. However, the divorce hearing in court requires both spouses to be present in person.

What does an initial consultation cost?

Attorney Reichelt offers a free initial assessment by telephone, in which you can find out which steps are sensible and what costs you can expect.

Can I go through with the divorce without a lawyer?

No. In divorce proceedings before the family court Compulsory solicitor (Section 114 FamFG). At least the petitioning spouse must be represented by a lawyer. The other spouse can agree to the divorce application without their own lawyer, but also requires legal representation for their own applications (e.g. maintenance).

How long does a divorce take in Dresden?

A divorce by mutual consent usually takes 4 to 8 months after the end of the year of separation - depending on the duration of the pension equalisation and the workload of the Dresden Family Court. Contested divorces with subsequent matters can take one to two years.

Divorce costs table - What will a divorce cost in 2026?

The following table gives you a quick overview of the Typical total costs of an amicable divorce The costs are based on the current Lawyers' Fees Act (RVG) and the Court Costs Act (GKG/FamGKG). The amounts include pension equalisation with 2 entitlements per spouse.

Net income (both)	Process value	Court costs	Legal fees (1 lawyer)	Total costs
1.500 €	5.400 €	approx. 254 €	approx. 850 €	approx. 1,100 €
2.000 €	7.200 €	approx. 294 €	approx. 1,100 €	approx. 1,400 €
2.500 €	9.000 €	approx. 334 €	approx. 1,260 €	approx. 1,600 €
3.000 €	10.800 €	approx. 370 €	approx. 1,460 €	approx. 1,830 €
3.500 €	12.600 €	approx. 406 €	approx. 1,600 €	approx. 2,000 €
4.000 €	14.400 €	approx. 454 €	approx. 1,750 €	approx. 2,200 €
5.000 €	18.000 €	approx. 534 €	approx. 2,100 €	approx. 2,650 €
6.000 €	21.600 €	approx. 588 €	approx. 2,350 €	approx. 2,950 €
7.000 €	25.200 €	approx. 666 €	approx. 2,700 €	approx. 3,350 €
8.000 €	28.800 €	approx. 742 €	approx. 2,950 €	approx. 3,700 €
10.000 €	36.000 €	approx. 862 €	approx. 3,400 €	approx. 4,250 €

All figures are approximate values for an amicable divorce with one lawyer, including VAT and pension equalisation (2 entitlements per spouse). With two lawyers, the legal fees are doubled. Subsequent matters (maintenance, accrued gains, custody) increase the value of the proceedings and thus the costs considerably. Status: 2026.

Calculation example: A married couple with a joint net income of €5,000 and two pension entitlements each has a procedural value of around €18,000. In the case of an amicable divorce with only one lawyer, the total costs are around 2.650 € - the court costs are shared equally, the lawyer's fees are borne by the applicant spouse (or both spouses share the costs by agreement).

Legal aid - if you can't afford the divorce

A divorce should not fail because of money. If your income is not sufficient to cover the divorce costs, you are entitled to Legal aid (VKH). The requirements are:

• Low income: After deducting housing costs, insurance and maintenance obligations, your net income is below the tax-free amounts
• No realisable assets: You do not have any savings or assets that could be used for financing (protected assets remain unaffected)
• Sufficient prospect of success: The proceedings must have a prospect of success - this is practically always the case with a divorce after the end of the year of separation

What does the VKH cover?

If legal aid is granted, the state treasury will take over:

• Court costs - complete
• Legal fees - according to the RVG, in full or in instalments

Depending on your financial situation, the VKH will either without repayment (for very low income) or as Interest-free loan with up to 48 monthly instalments granted. The instalment amount depends on the income to be used.

How to apply for legal aid

Attorney Reichelt will help you with the application. You will need the following documents:

1. Last three payslips or benefit statements (ALG I/II, citizen's allowance)
2. Current tax assessment notice
3. Tenancy agreement and proof of housing costs
4. Bank statements for the last three months
5. Proof of maintenance obligations
6. Evidence of loans and other liabilities

The VKH application is submitted to the family court together with the divorce petition. Important: You do not have to wait until the VKH has been granted - the divorce application can be filed immediately. It is usually granted within a few weeks.

Contact us Lawyer Reichelt for a free initial assessment of whether legal aid is available in your case.

This article is intended to provide general information and does not replace individual legal advice. For a cost estimate tailored to your situation, please contact Lawyer Martin Reichelt in Dresden.