Divorce before the year of separation: the hardship divorce

In principle, divorce requires the year of separation. Only in genuine exceptional cases does it go faster: if holding on to the marriage would mean an unreasonable hardship for you that lies in the person of the other spouse. The requirements, however, are very high.

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A divorce before the year of separation has passed is possible if continuing the marriage would be an unreasonable hardship for reasons lying in the person of the other spouse (§ 1565 para. 2 BGB).

The hurdles are high: mere breakdown or a new relationship is not enough. Recognized are, for example, severe violence or massive threats. Such hardship grounds must be concretely presented and proven.

What you should do now

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1. Check the hardship ground
Is there a serious ground lying in the person of the other (e.g. violence, severe threat)? Mere wishes to separate are not enough.
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2. Secure evidence
Document the incidents (medical certificates, complaints, witnesses). Without solid proof, the hardship divorce is hardly enforceable.
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3. Bring in a lawyer
Because of the high requirements and the lawyer requirement, you should conduct the procedure with a lawyer.
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4. Do not forget protection
In case of violence, safety comes first: use protection against violence in parallel (contact and no-approach bans, assignment of the home).

How to spot the scam

You expect a quick divorce without a serious hardship ground.
Incidents are not documented and are hard to prove later.
In case of acute violence, no protection against violence is used.

Frequently asked questions

Can I divorce without a year of separation?

Only exceptionally, by way of a hardship divorce. The requirement is that holding on to the marriage would be an unreasonable hardship for reasons lying in the person of the other spouse (§ 1565 para. 2 BGB). The hurdles are high.

What counts as an unreasonable hardship?

Recognized are serious grounds such as massive violence, serious threats, or comparably grave circumstances. A simple breakdown, arguments, or a new partnership are not enough.

What if I am a victim of violence?

Then your protection is the priority: use protection against violence (contact and no-approach bans, assignment of the home). The hardship divorce can be pursued in parallel; have a lawyer accompany you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.