Although the law in 1353 bgb provides that marriages between people are for life, sometimes there is a situation where the spouse can not continue due to various reasons live together. In such cases, termination is allowed marriage, which is possible only through the courts. In accordance with the law, marriage can be annulled if it collapsed. In this case, marriage is broken, if the spouses are living separately for at least one year, and recovery their life together is not expected. By mutual consent of spouses, the court adjudicate on the dissolution of marriage. Under separate accommodation should be understood not only stay in different apartments. You can live separately and being in the same apartment, if the spouses live in separate rooms and are separate facilities. Such separation is also a basis to consider the marriage fell apart.
In exceptional cases ( 1565 BGB) may terminate marriage and in the absence of separation in a single year, ie immediately. Grounds for divorce in this case is the impossibility to continue the marital relationship, for example, if a further joint Accommodation unbearable for the applicant because of aggressive behavior by the other spouse. One common misconception is the view that no consent of the other spouse for divorce, for divorce is necessary separate residence for three years. Indeed the three-year period referred to in 1566, but the meaning of this rule is that the separation in three years, is indisputable is assumed that the marriage broke up and objections of the other parties do not play any role. Marriage will be dissolved at the request of either party. In the case of spouses living apart for three years and one spouse does not want a divorce, the court will evaluate all the circumstances and evidence submitted by the parties on rapade and the impossibility of restoring the marriage and decide.
What it will be the solution depends in each case on the prevailing domestic situation, but on statistics, 80% of these decisions positively. So, in the presence of these circumstances, the application for divorce may be filed in Family Court. The law mandates representation by counsel in the divorce proceedings. Only a lawyer is entitled to interests of the client to send to the court for dissolution of marriage. Moreover, if the spouses in the pretrial order is not reached agreement on the division of property, place of residence of children, paying alimetov, ie are unresolved disputes, each party shall be represented in court by counsel. Keeping the divorce process requires considerable financial costs as legal fees, and on Opat counsel. Therefore, for those with no high material prosperity may receive state aid under the (ProzesskostenhiIfe). This article serves the purpose of general information and not a substitute for individual consultation.