In matters related to divorce, the breakdown principle obliterates the idea that one of the two spouses is to blame for the failure of the marriage. Previously, this concept also had an impact on various claims resulting from the divorce; however, even today, this circumstance can have an influence on maintenance or compensation claims around the pension adjustment. The question of guilt is therefore still indirectly important if a marriage is dissolved by a divorce decree, as the breakdown principle stipulates that—regardless of the specific reason—the marriage may be divorced if it is inevitably considered to have failed. As an indication of the failed marriage, the legislature determines the year of separation. However, sometimes it may feel difficult to make these decisions for divorce; and maybe you feel that you want to work through things. But all this has failed, you will know what you need to do and what feels right for you. The breakdown principle obliterates the idea that one of the two spouses is to blame for the failure of the marriage. Before the new regulation, this had an impact on various divorce claims; however, even today, this circumstance can have an influence on maintenance or compensation claims around the pension adjustment—the question of guilt is therefore still indirectly important if a marriage is dissolved by divorce papers. The breakdown principle stipulates that—regardless of the specific reason—the marriage may be dissolved if it is inevitably considered to have failed. As an indication of the failed marriage, the legislature determines the year of separation. Although it may sometimes seem difficult to make the decision for a contested or uncontested divorce, if all efforts have failed, you will need to know your options.
Spatial Separation in the Event of Divorce
One of the essential, legally valid requirements that entitle you to submit a separation is, among other things, compliance with the one-year separation phase. However, for organizational, legal, or financial reasons, both spouses sometimes have to remain in the shared living space. However, in order to continue to meet the requirements for a legal divorce, you must have separate households and be able to prove this. Everyday business and activities are excluded except for the benefit of the child. What will happen to them? Where will they live? Will they need to move schools? What will be good for them? Their mental health is vital.
Judgments in Exceptional Cases
If there are particularly serious reasons for getting a divorce, the year of separation can be waived as an essential part of the requirements for a divorce. Such a hardship decision is made in the case of alcoholism, for example. Note, however, that this is where the court ultimately weighs up again and again. Since an individual decision is made here, it is not possible to make a general statement for possibly relevant hardship cases in the event of a divorce. You should always get the advice of a divorce lawyer or family lawyer. There are no general statistics for the personal motives that led to the separation from the partner. However, experience has shown that some reasons for divorce occur particularly frequently. A closer look shows that the reasons for divorce are often different for men and women; but fundamentally, the willingness of women to finally separate and dissolve the marriage is much more pronounced than for men. According to statistics, the main motivation for a divorce for women is the lack of communication; whereas, on the other hand, men are most likely to get divorced after an affair. In summary, the most common reasons for divorce are mainly an affair and cheating, no common denominator, lack of physical affection, physical and psychological violence, lack of communication, and health problems.
When navigating through such circumstances, utilizing a law firm and the services of a divorce attorney, family law lawyer, or child custody attorney can offer you the legal assistance that a qualified divorce lawyer can give.