─ Good afternoon, editorial office of MK-Compatriot.
Thank you for your column “I have the right”. You publish very important information, you have helped so many people. Let me also turn to you in my difficult situation.
I came from Belarus. She married a German. We lived together for almost four years. Three and a half of them are in a nightmare. My husband was jealous of me for everyone, I couldn’t even talk to someone on the playground, walking with my child. In short, I filed for divorce. Of course, so that everything is reliable, through a lawyer. By all the rules, I was waiting for a year of separation. The year was supposed to pass at the beginning of April 2020. Due to the pandemic and the restrictions imposed, I thought that the courts did not work and we had to wait.
In early August, I turned to a lawyer to find out how things were with the divorce, and when we would be invited to court. However answer, which the to me sent, me extremely surprised: “Die Angelegenheit ist hier als beendet eingetragen. Die Beratungshilfegebühr ist durch die Gerichtskasse bezahlt worden. ” (“The case is considered closed. The consulting fee was paid through the court office”).
On this, our relationship with the lawyer ended, there was no more information. This is normal? I took a lawyer. Shouldn’t he have contacted me? The lawyer himself closed the case and that’s it, without even asking me. Does this mean that I have to do it all over again? Wait a year again? To restart the process?
And yet, now my husband and I both have parental rights. I would like to change that. I want to burn the bridges entirely. The husband works and earns good money. I am still in training. Can I prove that he constantly terrorizes us and deprives him of his parental rights? What does that require? Thank!
Olga D., Würzburg.
─ Dear Olga!
The case you describe is a classic case of failed communication. Judging by the answer of a colleague, you instructed him only to conduct extrajudicial activities, but not to file a divorce petition in court.
However, there is nothing dramatic in this. You can now assign another attorney to file an application to the court at any time. Regardless of your negotiations with lawyers, the year of separation, of course, will not start over. This is an objective reality, but not a procedural moment. Therefore, go to a lawyer with whom you will understand each other (among other things, many Russian-speaking colleagues are currently practicing in Germany), and start the divorce procedure.
It is better if you go directly to a family law specialist, especially if you have questions about parental rights. At first glance, there is no reason, however, to transfer parental rights to one of the parents.
Maxim BRITANOV, attorney.
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