Many couples cope with the year of separation in their apartment because of the children.
Divorce without separation year only in cases of hardship possible
Who wants a divorce must live separately normally at least one year, and the year of separation have successfully mastered. There is one exception: The year of separation can be spared divorce willing, if according to § 1565 II BGB attacks the so-called hardness divorce. This requires a spouse out unacceptable conditions that require immediate termination of the marriage. However, the subjective perception of a spouse or assumptions do not count here. Just the facts to decide whether the provisions of the hardness divorce engage in the particular case. A divorce without following the separation year is possible in the following typical cases:
- There is a so-called false marriage, because marriage from the beginning is to be regarded as a failure.
- The spouse entered into a so-called fictitious marriage in order for a foreign citizen receives the necessary residence permit to stay in Germany.
- Extreme alcohol abuse of a partner makes the coexistence or the continuation of the marriage unreasonable.
- The Spouse is another man pregnant to which it maintains an extramarital relationship.
- A spouse exerts force against the other spouse or the children, expresses massive murder or threats of violence.
- Also mögich is a hardship divorce with proven rape and sexual assault or child abuse acts. However, the pure suspicion does not suffice.
Do you think that engages the hardness divorce in your case, you should immediately turn on a lawyer who provides the necessary applications to the Family Court and forwards the discrimination in the way.
Who may file for divorce?
- Who does not qualify for a hardship divorce, the year of separation must have successfully overcome somehow. Then it's enough if one partner requested the divorce and approves the other spouse divorce.
- Apply for divorce and your spouse refuses to consent or you have not made the separation year behind him, the marriage is valid only after three years as a failure and is also divorced legally valid.
- However, with the divorce lawyer forced - and for the spouses seeking divorce. The request for this purpose must be submitted through a lawyer at the family court, together with all necessary documents (eg birth and marriage certificate, merit certificates). Do you want to take for cost reasons a common lawyer, which is quite a good idea and as an online divorce quickly practicable, if the divorce is uncontested.
apply for divorce - separation year in the shared apartment
Able and willing to move out of their apartment or the common house not a partner, you must provide the year of separation in the apartment. Before, it is not possible to apply for divorce. But you really need to "separated from bed and board" live during the separation year. This means for you during the year separation in particular to:
- They do not share sleeping and living during the separation year.
- Order your food and other budget so that each has only his things.
- Pay the rent divided equally during the separation year (check Warning! Owner, change transfer order) or transfer the house rate separately or enter into a contract and a partner pays the other detectable (bank documents secure) its cost share.
- Take Outbuildings (eg hobby room) separated, or allow the partners. Attention! This increases its rental share.
- It often happens that a partner is being stubborn and simply not forth - although, or perhaps because a child together exists. In this case, you can apply during the separation year for a party the assignment of the apartment before the Court. It is most often awarded to those who also receives the residence determination.
- Psychological terror, abuse and damage to property by a spouse make the year of separation often unbearable. Then, the court may order the apartment justice "split" and as associate the living room to the man, the master bedroom gets the woman.
- Is marriage childless and both work or socially equal, the court will decide whom the apartment is awarded. In a social forecasting, the Court analyzed, who has better chances apartment. Who is easier to find a new apartment, has to take off.
- Get the apartment, your spouse usually receives only a right of residence and will beauflagt to look for an apartment. If it can be with the apartment search too much time, but you want to live together with the new partner, you can apply for an eviction process and prove to him an apartment. Sign the address and the Notes to the court.