Family law is a very special area of law. In addition to the legal aspects, there is also an emotional element.
This often makes it particularly difficult to handle such disputes with precision. This is especially true for divorce.
This article addresses the topic of divorce without a one-year separation period.
What exactly is the one-year separation period?
The one-year separation period was introduced to recognize the value of marriage and to protect this institution through a legal provision.
The core principle of the one-year separation period is that, in the Federal Republic of Germany, a marriage can only be dissolved by divorce if it can be objectively deemed to have failed. Part of this definition is that it must be established that the marriage cannot continue.
This is intended, in particular, to prevent divorces initiated following a spontaneous argument.
The legislature wants to ensure that the couple or the partner who has expressed the desire for divorce does not act rashly. For this reason, the one-year separation period was introduced.
Only after the couple has lived apart for 12 months and the marriage cannot be reconciled may a divorce be legally finalized in the Federal Republic of Germany.
What exactly is a “lightning divorce”?
A “quickie divorce” is a divorce proceeding that is carried out without observing the one-year separation period. Because the legislature values marriage, it drastically restricts the options for this type of divorce.
For many couples—or at least one of the spouses—this is an unsatisfactory solution. They consider their marriage to have failed and prioritize a quickie divorce, which immediately terminates this legal bond under family law.
However, this is no easy undertaking. If you are planning a quickie divorce, you should consult a specialized certified specialist lawyer in family law.
Divorces Without a One-Year Separation Period: What Is the Legal Basis?
The family law issue of divorce is governed by the German Civil Code (BGB).
Section 1565(2) of the German Civil Code (BGB) states that a divorce without a one-year separation period is only possible if continuing the marriage would constitute an unreasonable hardship for one of the spouses.
Specifically, this means that the reason for seeking a divorce must lie in the character or behavior of the other spouse. If this can be proven, there is a legal option to proceed with a divorce without a year of separation.
What makes a divorce without a one-year separation period so complicated?
There are generally two reasons for this. On the one hand, it is difficult if one of the spouses does not consent to the divorce and wishes to continue the marriage. This is often interpreted to mean that it may still be possible to stabilize the marriage.
Second, it is precisely the concept of “unreasonable hardship” that complicates a divorce without a one- year separation period.
After all, this is a concept that naturally allows for some leeway in interpretation. What one partner considers undue hardship may not be a problem at all for the other.
Therefore, it is always a case-by-case decision whether the court will grant a divorce without a one-year separation period on the grounds of unreasonable hardship.
What can facilitate a divorce without a one-year separation period?
There are several typical examples that are highly relevant to “quickie divorces” in the Federal Republic of Germany. Classic disputes with high emotional intensity generally do not fall into this category.
Not even a single incident of domestic violence or rape within the marriage constitutes a valid ground for divorce if the relationship continued afterward.
A divorce without a one-year separation period can be granted if one of the spouses has a severe addiction problem, such as alcohol or drugs. An affair or a new relationship with a partner who has a child are among the circumstances that can also justify a divorce without a one-year separation period.
The key factor in all cases is that this can be proven. A certified specialist lawyer in family law can professionally advise their clients on what evidence is valid and effective.
In addition, there are a number of grounds for divorce with particular legal significance. Examples include international divorce or bigamy.
What kind of legal support should you choose for a quick divorce?
Whether a “lightning divorce” is granted depends heavily on the discretion of the judges. As a general rule, it is important to them that the request for divorce—without a one-year separation period—be supported by precise and comprehensible grounds.
Those involved are often unable to do this from a purely legal standpoint. Furthermore, they are emotionally distressed, making it difficult to present an effective case.
In these cases, a certified specialist lawyer in family law is a partner who combines legal expertise with the necessary empathy and can develop a tailored strategy for the client to achieve their divorce goals.
Your Path to the Right Legal Advice for Divorce
Legal consultation helps assess whether the conditions for a divorce without a one-year separation period are met in your specific case.
This initial consultation is provided with no obligation on your part. Please schedule an appointment, which our family law firm will arrange for you as soon as possible.
We’ll advise you on the requirements and procedures for a divorce without a one-year separation period.
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