Why did your spouse divorce you

Top 30 tips, questions, and answers about divorce

These requirements must be presented and possibly proven in the divorce process.

There are four cases to be distinguished

Case 1: Divorce with a separation period of less than 1 year (hardship divorce)

The marriage can only be divorced if the separation period is less than 1 year according to ยง 1565 Paragraph 2 BGB, if the continuation of the marriage for the applicant for reasons that are in the person of the other spouse, a unreasonable hardship would represent.

Even if both want a divorce, if the separation period is less than a year, it is only possible if there is a particular hardship.

If the spouses sometimes claim in practice that they have been separated for a year, although this is not true, it must be taken into account that the spouses are violating the procedural truthfulness with this claim in court. Nevertheless, in the event of a dispute-free divorce, a judge will believe the information provided by those willing to divorce.

A hardship decision exists if it is completely unreasonable for one spouse to be married to the other spouse for a longer period of time.

The hardship case necessary for these cases exists, for example, if:

  • The spouse was mistreated by the other spouse.
  • A spouse is expecting a child with another partner.
  • One of the spouses is an alcoholic or uses drugs.
  • One spouse is grossly defamatory towards the other spouse.
  • One spouse sexually humiliates the other spouse.

Only the spouse who did not cause the hardship can request the divorce. This The spouse must present and prove the existence of the reason for hardship. It is not a cause of hardship if the spouses have only recently been married. Even if the spouses separate on the wedding night, the year of separation must be observed.

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Case 2: Consensual divorce after one year of separation

If the spouses live apart for a year, including a separation within the marital home, the marriage is deemed to have failed if both spouses want a divorce. If both spouses agree to the divorce, the reason for the divorce does not matter. In addition to compliance with the year of separation and the agreement of both spouses on the divorce, the spouses must agree on the following points according to Section 630 ZPO:

  • Spousal support
  • Distribution of married home and household items
  • For children together: custody, access rights and child maintenance

Case 3: Controversial divorce after one year of separation

If one of the spouses does not agree to the divorce and the spouses have been separated for more than 1 year but not yet 3 years, the failure of the marriage must be explained by the person who applies for divorce. In this case, it is important to inform the court of the reasons for the divorce. If the other spouse disputes the existence of the grounds for divorce, these may have to be proven by witnesses. After a year of separation, the spouse who created the reason for the divorce himself, e.g. by living with a new life partner, can also request a divorce.

Case 4: Divorce after more than 3 years of separation

If the spouses live 3 years apart, the marriage is automatically deemed to have failed by law. No further evidence of the failure of the marriage is required. So the court only needs to be told that the spouses have been separated for 3 years. The reason for the divorce does not matter. After 3 years of separation, the marriage will be divorced even if the other spouse objects to the divorce.