Legal separation

Hi there — I’m not a legal expert, just here to share what I know as a volunteer for the forum. So here is what I know + some ideas of what you might want to do next.

However, my aim is to get a divorce but start off with legal separation.

In German law, there isn't exactly a formal legal separation status like in some other countries. What usually happens is the spouses live separately (or one moves out), and that separation can be part of the divorce process. A year of separation is usually enough proof that the marriage has failed. (Read more here: German Family Law ). 

We are both residents here and I hold a aufenthaltskarte which will expire 2026,then after to be granted full residency.

Did I get it right - your residence permit is linked to your marriage? If so, because Aufenthaltskarte is linked to your marriage, a divorce can complicate things regarding your stay in Germany. After divorce, the permit might lose its basis, unless you can qualify for another kind of permit. According to Visa Guard Berlin, if your livelihood is secured through your own resources or maintenance payments and certain other requirements are met, you can still get a permanent residence permit after the divorce. 

What you can do now:

1. Talk to a family lawyer who understands immigration + family law. They can explain what your options are, given your particular permit and marriage duration.
2. Gather documentation: marriage certificate, residence permit documents, proof of where you’ve lived together, proof of joint finances (if applicable), your child’s documents (if relevant), etc.
3. Check options with the local Immigration Office (Ausländerbehörde): ask them what happens to your permit after separation or divorce. This is usually free and you will get a full, unquestionable information.

Inform yourself through Handbook Germany platform - Handbook Germany: Divorce procedure in Germany 

An expert might give a more profound answer, this is just advice. Hope some of this helps.

Good luck,

Anna