Mag. Ulrike Pöchinger
Mag. Ulrike Pöchinger, Advocate (Attorney) and Criminal Defense Lawyer in 1010 Vienna. I am an expert in family law providing individual legal advise in:
- Divorce
- Separation Procedure
- Custody Procedure
- Child Support
- Matrimonial Support (Alimony)
- Prenuptial Contract
- Partnership Contract
Divorce
At our primary consultation I will explain the possibilities and which kind of divorce best suits your needs. This concerns your wish for a divorce as much as you being confronted by your partner’s request for a divorce.
There are several legal options to divorce a marriage:
1. Consensual Divorce
A consensual divorce is definitely the easiest, cheapest and fastest option.
- The marital partnership is suspended for at least 6 months,
- the spouses must agree to the inconsolable break up of the marriage,
- there must be mutual understanding between the spouses concerning the divorce,
- the spouses must present a written agreement concerning the consequences of the divorce to the court or seek a closure of such before court.
This agreement must include:
- An agreement about the main care of the children and the custody,
- the right to contact to the children for the parent living separated from them,
- the support obligation for joint non self-supporting children,
- division of marital savings and the marital assets.
2. Divorce at Fault
If a consensual divorce is not an option, the party wanting a divorce must sue his/her partner.
In this case only the partner accusing the other of marital misconduct can sue.
The time-period of 6 months after the knowledge of the reason for divorce must be considered. A delayed claim will be dismissed as groundless without further ado. The marital union must be utterly destroyed, meaning that reconciliation cannot be expected.
The claim can also be dismissed by court, if the accused partner can plausibly argue, that the reason for divorce has already been forgiven.
Reasons for Divorce could be:
- Infidelity
- Indecent behavior (any kind of abuse, humiliation in front of others)
- Breach of obligation to support (continuous unkind and hostile behavior, spending free time without the spouse, communicating intimate details about the spouse)
- Neglecting the household over a longer period of time based on hostility
- Breach of financial obligation of support to the spouse and/or children
- Refusal of sexual intercourse without reason and despite of being demanded
- Single handed dissolution of marital union by refusing entrance to or leaving marital home.
3. Divorce for Other Reasons
The divorce can be requested, if the marriage is affected by the behavior of the spouse based on a psychiatric disorder and cannot be mended in a way that a marital life could be restored.
Divorce can also be requested, if the spouse suffers from a psychiatric disorder such as schizophrenia or a severe, infectious or disgusting disease for which a cure cannot be expected in a foreseeable period.
4. Divorce Due to Termination of Co-Habitation
If the co-habitation is dissolved for 3 years, both partners can request a divorce due to inconsolable differences.
The only reason for a court to dismiss such a request is if they believe that a recovery of a marital union in its sense can be expected.
Cohabitation is definitely ended, when the partners do not live in the same home any longer, yet it can also be ended, if the partners still live in the same home, but use different rooms to exclude contact as much as possible, which in this case means, that the separation must also be financially verifiable.
Mag. Ulrike Pöchinger
Mag. Ulrike Pöchinger, Advocate (Attorney) and Criminal Defense Lawyer in 1010 Vienna. I am an expert in family law serving you with empathy.
MAG. ULRIKE PÖCHINGER
Mitglied der Rechtsanwaltskammer Wien