Apply for divorce in the year of separation
Divorce rates have increased. But if you decide to finally separate, you have to somehow master the time until the divorce. Because only in a very few cases is a marriage immediately divorced. Usually the year of separation has to be completed, which often involves disputes about little things, the common apartment or the common house goes hand in hand. Read here what to consider when applying for a divorce.
Divorce without a year of separation is only possible in cases of hardship
If you want to get a divorce, you must normally have been separated for at least a year and have successfully mastered the year of separation. There is, however, one exception: Those willing to divorce can be spared the year of separation if, according to Section 1565 II BGB, the so-called hardship divorce applies. To do this, one of the spouses must assume unreasonable conditions that require an immediate termination of the marriage. However, the subjective feelings of a spouse or assumptions do not count here. The facts alone decide whether the hardship divorce provisions apply in a particular case. One
divorce without observing the year of separation is possible in the following typical cases:- There is a so-called miscarriage because the marriage is to be assessed as a failure from the start.
- The spouses entered into a so-called fictitious marriage so that a foreign citizen received the necessary residence permit to stay in Germany.
- Extreme alcohol abuse by a partner makes living together or the continuation of the marriage is unreasonable.
- The wife is pregnant by another man to whom she is illegitimate relationship entertains.
- One spouse exercises violence against the other spouse or the children, expresses the most massive murder or murderous acts. Threats of violence.
- A hardship divorce is also possible in the case of proven rape and sexual assault or child pornography. However, mere suspicion is not sufficient for this.
The family court will pronounce your divorce if you have been separated for at least a year ...
If you believe that the hardship divorce will apply in your case, you should immediately call a lawyer who will file the necessary applications with the family court and initiate the divorce.
Who can apply for a divorce?
- Anyone who does not meet the requirements for a hardship divorce must have somehow successfully mastered the year of separation. Then it is enough if one partner applies for a divorce and the other spouse agrees to the divorce.
- Apply for a divorce and your spouse refuses to consent or you don't have the year of separation at all Once behind you, the marriage is only considered to have failed after three years and only then becomes legally binding divorced.
- However, in the case of divorce there is a compulsory lawyer - for the spouse who is willing to divorce. The application for this must be submitted to the family court via a lawyer, including all necessary documents (e. B. Birth and marriage certificates, certificates of earnings). If you want to take a joint lawyer for cost reasons, this is advisable and z. B. via an online divorce can also be practiced quickly if the divorce is undisputed.
Apply for divorce - year of separation within the shared apartment
If no partner can or does not want to move out of the shared apartment or house, you have to manage the year of separation in the apartment. Before that, it is not possible to apply for a divorce. But you really have to live “separated from bed and table” during the year of separation. For you, this means above all the following during the year of separation:
- During the year of separation they have no common sleeping and living spaces.
- Arrange your food and other household items so that everyone only has their own belongings.
- Pay half the rent during the year of separation (Attention! Inform the landlord, change the transfer order) or transfer the house rates separately or conclude a contract and one partner verifiably pays the other (secure bank receipts) his share of the costs.
- Use side rooms (e.g. B. Hobby room) separately or leave this to the partner. Caution! That increases his rental share.
- It is often the case that one partner remains stubborn and simply does not move out - even though or precisely because they have a child together. In this case, you can apply to the court for the assignment of the apartment for one party during the year of separation. Usually it is awarded to the person who also receives the right to determine residence.
- Psychological terror, mistreatment and damage to property by a spouse often make the year of separation unbearable. Then the court can "divide" the apartment fairly and z. B. assign the living room to the man, the bedroom to the woman.
- Is the marriage childless and both are employed? socially equal, the court decides to whom the apartment is awarded. In a social forecast, the court analyzes who has better chances of living. If you can find a new apartment more easily, you have to move out.
- If you get the apartment, your spouse usually only receives one right of residence and is required to look for an apartment. If he takes too much time looking for an apartment, but you want to live with the new partner, you can apply for an eviction procedure and provide him with proof of an apartment. Report the address and rental terms to the court.