Expertise

Divorce and Custody

A divorce is always also a decision associated with personal disappointments, hurt feelings, and broken dreams and life plans. We know that this decision is never easy, but excessive emotions rarely lead to good solutions. We analyze your situation with a cool head, examine the legal situation, find sensible compromises, and develop a solid legal strategy for you.

Whether amicable or contentious, young family or empty nesters: If you don’t get advice, you feel cheated. Who can stay in the apartment until when, who pays for repairs, who takes over the loan installments? Who pays for the tutoring for the children, special medical treatments, the expensive class trip, the laptop for school, the phone repair, or the clothes? These questions should be clarified at the time of separation – in the interest of your finances, your nerves, and above all, your children.

We support you in the division of joint property, the regulation of living rights, and legal questions arising from joint loans or property gifts from family members.

The impact of a divorce on maintenance claims, property division, health and pension insurance, and inheritance depends on the type of divorce. We advise you on which type of divorce is best suited for your situation.

The best prerequisite for a successful conclusion is professional support to ensure that all relevant points are clarified amicably or before the divorce court in the context of a contentious divorce. With our legal advice, you can settle all points legally, so there are no surprises later.

How Your Divorce Works with IBESICH

In a divorce – whether amicable or contentious – there are never only winners. Our goal is that it’s not about winning but about a good start in your new life after the separation and the well-being of the children. With our many years of experience in divorce law, we stand by your side with understanding and discretion during your divorce.

We take the time to listen to your descriptions and wishes, review the facts, and consider the legal framework. We meet you with calmness and empathy but also point out that excessive emotions and detailed statements about legally irrelevant misconduct of your partner do not influence the court’s decision – neither positively nor negatively.

Therefore, we focus on the essentials. With a cool head, we work out the points that actually matter in court and can have a positive impact for you. We review your documents and develop a precise and sensible strategy so that you can assert your interests.

Based on our many years of experience, we can quickly assess your situation and what outcome you can expect. We do not unnecessarily prolong your proceedings by drafting statements with hopeless demands. This saves you resources, both financially and emotionally.

Frequently Asked Questions

Amicable Divorce

Most divorces in Austria are amicable. We also believe that better solutions can be found in good agreement for the division of assets, finances, and especially for the children. Because maintenance, custody, and contact rights can be relatively freely regulated in an amicable divorce. The court then merely formally declares the marriage dissolved and refers to the previously negotiated agreement.

However, you should also seek professional legal advice in an amicable divorce – especially on the topics of asset division, maintenance, inheritance claims, and special expenses for the children. The free initial consultation at the office or personal experiences from friends and family cannot replace solid legal advice.

Contentious Divorce in Austria

If you do not want an amicable divorce or it is not possible, for example, because your spouse has culpably set a ground for divorce, you can file for divorce. There are numerous reasons that justify a divorce due to fault. These include, among others, infidelity, physical and mental abuse by the partner. In the divorce suit, you must prove the ground for divorce. The court then decides who is at fault for the breakdown of the marriage, which is subsequently relevant for who must pay maintenance.

Divorce Against Your Will

If your partner has set a ground for divorce and wants to divorce, it can be financially beneficial not to agree. Only three years after the dissolution of the domestic community can your partner divorce you against your will. Provided you have not set a ground for divorce. If the court then finds that your partner is at fault for the breakdown of the marriage, you, as the blameless divorced spouse, still have a claim to maintenance despite the divorce, as you did during the marriage.

Grey Divorce – When Empty Nesters Split

The number of divorces where the spouses are 50 years or older is increasing. In Austria, the number of “grey divorce” cases has quadrupled since 1985. Often in this phase of life, it is no longer about custody and child support but about regulating maintenance claims, living rights, property division, as well as pension rights and widow/widower pensions. Be sure to seek legal advice before hastily giving up your claims.

Divorce and Children: Custody, Child Support, Contact Rights

When minor children are involved, the custody procedure is rarely completed with the amicable or judicial decision regarding child support, custody, and contact rights. At least until they reach adulthood or financial independence, you must make decisions together for the child.

Do not forget private milestones such as family celebrations, school and university graduations, weddings, and the birth of grandchildren. If fronts harden in a divorce, it becomes difficult to experience these events as parents together. Even for the children – whether young or adult – it is easier if both parents remain fair.

Our experience shows that a fair procedure is the best prerequisite for ensuring that the agreed rules are later followed. If the ex-partner nevertheless crosses the boundaries, we are happy to assist you. After all, it is about the well-being of the children!

Advice on Amendment Requests

We advise when you want to submit an amendment request. This usually involves maintenance changes, contact rights changes, and custody changes.

Separation Agreement

If you (still) do not want to divorce but already live separately, we recommend making a separation agreement. It clarifies questions such as cost-sharing, usage rights to joint assets such as cars, properties, living rights, as well as arrangements for the children. We are happy to advise you.

How much does a divorce cost?

We advise when you want to submit an amendment request. This usually involves maintenance changes, contact rights changes, and custody changes.

How long does a divorce take?

While an uncontested divorce can be finalized within a few weeks, a contentious divorce can take several months or, in extreme cases, even years, depending on the complexity of the case.

Do my inheritance and gifts count as joint property in a divorce?

Inheritances and gifts received before or during the marriage are generally not considered part of the joint marital property to be divided.

Do I need a lawyer for an (uncontested) divorce?

A divorce often has significant impacts on your financial future. For couples with children, issues of custody and visitation rights also need to be addressed. Therefore, a lawyer is recommended for any type of divorce. They offer comprehensive advice, help you avoid overlooking important details, and prevent potential pitfalls.

Is an uncontested divorce better than a contentious divorce?

An uncontested divorce is often faster, less expensive, and emotionally less stressful than a lengthy contentious divorce.

Child support: How long do I have to pay child support?

Child support is generally payable until the child is self-sufficient. This can occur at adulthood but often later, for example, if the child is pursuing higher education.

Maintenance: Do you always have to pay maintenance and pension?

Whether and how much maintenance has to be paid depends on various factors, including income levels and the circumstances of the divorce. In an uncontested divorce, maintenance arrangements are determined by the parties; in a contentious divorce, the fault for the breakdown of the marriage also plays a role.

Do I have to pay maintenance if my ex-wife almost always worked?

The obligation to pay maintenance is based on individual income levels and the specific conditions of the divorce.

I have almost always worked. Do I get maintenance in a divorce?

Whether you receive maintenance depends on the details of your divorce and your personal income situation.

When is a divorce with a fault finding (fault-based divorce) advisable?

If serious marital misconduct by the spouse makes it impossible to continue the marriage, and an uncontested divorce is not feasible, a fault-based divorce should be considered.

What is a separation agreement good for and why do I need a lawyer for it?

A separation agreement regulates matters between the factual end of the marriage and the final divorce. It protects against accusations from the spouse during the divorce proceedings. For example, it can be agreed that the spouses will live separately, so that moving out of the marital home is not considered malicious abandonment. The separation agreement thus creates a clear legal basis for the period of separation before the final divorce.