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Austria - Getting Contested Divorced

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Procedure[edit]

  1. The petition for a divorce must be brought before the competent court. They can be given orally on day in office at the court on the record or in writing introduced. The application shall contain a divorce application, include the reasons for the divorce and relevant evidence.
  2. At the beginning of the proceedings, the judge has to work towards reconciliation and to appropriate counseling services, and in particular the possibility of mediation to point. The possibility of having an amicable divorce is being discussed. Perform reconciliation attempts not successful, alternative counseling services are not used and can also be achieved without mutual consent divorce, contested divorce, the process is continued.
  3. The contested divorce process ends with the granting of the petition. The judgment may be brought within four weeks of notification of the appeal. If, however, no appeal was raised against the judgment, the divorce, after four weeks into force. The force of law can be confirmed in court by a legally signed transcript of the judgment.
  4. Through a contested divorce proceedings, only the divorce is usually achieved. The resulting consequences (for example, claims division, alimony claims, the regulation of child custody ) a separate court proceedings will be conducted if no agreement was reached regarding these issues during the divorce proceedings.
  5. Claims for division of marital assets and use of married savings can only be claimed within one year after a final divorce.


Note: If spouses wants to proceed with an amicable divorce, the contested divorce process can be interrupted at any time.



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Required Documents[edit]

  • Marriage Certificate
  • Proof of citizenship of the wife / spouse
  • Official identification of Wife / Husband
  • Confirmation of the message
  • If necessary, birth certificates of children
  • Documents relating to the assets to be distributed (Deed, lease , etc. )



Office Locations & Contacts[edit]

Federal Ministry of Justice

1070 Vienna, Museumstr. 7

Contact Numbers: Tel: 01/526 36 86 / 0800-99 99 99 (From 8:00am to 4:00pm)

Email Inquiry Form: http://www.courts.justiz.gv.at/web2013/html/default/kontakt.de.html;jsessionid=26A63FAE8BDB67072BB5A12927CA5A1D


District Courts

To do a search: http://www.courts.justiz.gv.at/web2013/html/default/8ab4a8a422985de30122a90e378661ef.de.html



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Eligibility[edit]

Provide eligibility criteria's for going through this procedure.



Fees[edit]

283 EUR.

The parties conclude a settlement incur additional charges. This comparison includes the typical and necessary content of a divorce settlement with an amicable divorce, which are 266 euros. Is the subject of the agreement, the transfer of ownership of immovable property, the flat fee is 398 euros.

Each party must initially bear the costs of its process actions and their legal representation. Those spouse / spouse of those who / which eventually subject entirely in the process, then the other party must reimburse the costs. A party prevails only in part, the costs are shared proportionately.


Note: Spouses with low-income, under certain circumstances may apply for a legal aid. This can be requested from the competent court. You can download a or send the form online.



Validity[edit]

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever



Documents to Use[edit]

Download Legal Aid - Application for authorization Form

https://www.help.gv.at/linkaufloesung/applikation-flow?leistung=LA-HP-GL-FormularVerfahrenshilfe&quelle=HELP&flow=FO

Send form online

https://www.help.gv.at/Portal.Node/hlpd/public/content/172/Seite.1720939.html



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Sample Documents[edit]

Please attach sample completed documents which would help other people who would like to follow this procedure.    



Processing Time[edit]

Please explain processing time taken in obtaining the document/certificate.


Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	



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Instructions[edit]

Basically, the district court in whose district the spouses have the last common habitual residence or had will be the one in charge of the divorce proceedings.



Required Information[edit]

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.



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Need for the Document[edit]

Dissolution of marriage or divorce is the termination of marital union between married couple. It results in cancellation of all legal duties and responsibilities between husband and wife.

In contested divorces, the divorce as part of a regular civil action is performed.

Types:

  • Contested divorce from fault
https://www.help.gv.at/Portal.Node/hlpd/public/content/10/Seite.100023.html
  • Divorce because resolution of the domestic community
https://www.help.gv.at/Portal.Node/hlpd/public/content/10/Seite.100024.html
  • Contested divorce for other reasons
https://www.help.gv.at/Portal.Node/hlpd/public/content/10/Seite.100025.html



Information which might help[edit]

Follow the link below if you would like to receive email notification about renewing your passport or making some modifications on your passport information.

https://www.help.gv.at/notify/applikation-flow?gf=RPASS&quelle=HELP



Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.



External Links[edit]

  • Austrian Government Portal
https://www.help.gv.at/Portal.Node/hlpd/public/content/10/Seite.100021.html



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Others[edit]

More information which might help people.