A hardship divorce is a flash divorce. This type of divorce can be handled with a year of separation. A case of hardship exists if the continuation of the marriage becomes unreasonable for a spouse. This is the case if, for example, a spouse is severely abused or threatened with death. Classic misconceptions about the hardship case, what counts as hardship case and what you should consider in this article.
What is a hardship decision? – Quite simply explained
- A hardship divorce refers to a divorce due to serious misconduct by one spouse, which makes the continuation of the marriage unreasonable for the other.
- In the case of a hardship decision, there is no need for a year of separation. The marriage will be divorced as soon as possible, because a continuation would be associated with a high emotional and physical risk for the person concerned.
- Since the reasons for a hardship divorce are seldom available, this type of divorce only occurs in exceptional cases. Aggravating circumstances such as abuse, death threats, severe alcohol and drug abuse, etc. are considered hardship cases.
- Although there are certain guidelines for hardship cases, the family court must decide on a case-by-case basis.
- A divorce occurs if 1) the marriage has ultimately failed, or 2) if there is hardship.
Hardship decision: definition
A marriage in Germany may in principle only be divorced if it is considered irretrievably broken (“breakdown principle”). A breakdown occurs when the year of separation has ended successfully and the spouses are no longer interested in continuing or the couple has already lived separately for 3 years. In the latter case, the breakdown is given even without mutual agreement: the marriage is no longer intact for the legislature and thus failed. The hardship divorce, even flash divorce, called divorce in an urgent manner or “quick divorce”, is the second reason for a divorce after a breakdown. However, with the difference that the separation time is not the prerequisite for the divorce, but a particularly serious circumstance that makes the continuation of the marriage impossible. Such a circumstance exists, for example, if a spouse constantly beats the other, abuses him, threatens him with murder or simply “disappears” with the children. You can read which specific situations justify a hardship case under ” What is a hardship case? “.
If you are tempted to submit an application for a hardship case, the best thing to do is to seek advice from a lawyer who can examine the actual existence of a hardship case. Filing for divorce on a hardship appeal without the actual hardship being present is just wasted money.
What are the requirements for this type of divorce?
The spouse who invokes a hardship case for the divorce must be able to prove to the court that the other spouse is behaving unreasonably. It is best to document the misconduct of the spouse in detail, for example through videos, photos or witnesses. Medical certificates documenting bodily harm, as well as disputes recorded by the police, should be presented as evidence. In addition, a separation that has already taken place creates credibility that the circumstances really hit the spouse “hard”. If the applicant only claims to have failed, without any substantiated data or evidence to deliver, the court rejects the application for a hardship decision.
The reason for hardship, must be in the person of the spouses themselves in any case. The applicant’s own motives, such as the possible desire to marry someone else, in no way lead to a hardship decision.
What counts as a hardship case?
With high probability, the following shall be as hardship cases counted (list incomplete):
- Persistent substance abuses and rejection or failure of rehab
- Degrading abuse in the presence of third parties, especially children
- Mental illness of the spouse, if this occurred after the marriage
- Threats to life and limb, death threats
- Criminal offenses
- Sexual abuse
- Pronounced addictive-perverted behavior
- Suicide attempt,
What is not considered a case of hardship?
Even if each case requires its own examination, it can generally be assumed that the following conditions do not represent cases of hardship. If you are in a difficult situation and you are in doubt as to whether you can invoke a hardship case, it is best to contact a lawyer for a clarification.
The aspects listed below are to be regarded as examples only. There are far more circumstances that spouses often want to use to justify a hardship decision. In general, the following situations justify any hardship (list incomplete):
- Constant quarrels, disagreements and misunderstandings between the spouses
- Emotional coldness and lack of love from the spouse
- Lack of common interests and hobbies
- Degrading abuse without the presence of third parties
- High degree of jealousy
- Slap in the face when intoxicated or in a dispute
- Bad housekeeping and wasteful use of money
- Marriage of convenience, for example to obtain a residence permit
- Betrayal by an escapade
How does a hardship decision work?
The process of a hardship divorce is similar to a typical divorce process. As with every divorce proceeding, there is again a divorce lawyer requirement. After consulting a lawyer to clarify the existence of any hardship case, you can entrust him with the divorce petition.
Be aware that the family court is likely to hear any witnesses and want to see evidence. In order to force an application acceptance by the court, the submission of documents, photos, videos or other is necessary Evidence needed.
How long does a hardship decision take?
In contrast to the usual divorce, you can bypass the year of separation. However, the applicant must be aware that a hardship divorce can take as long or even longer than a normal, consensual divorce. If there are problems taking evidence, a lot of time can pass. And in some cases, the spouse will deny the allegations that are made against them. But if the spouse admits the constant wrongdoing and produces no objections, then takes a hardship divorce much shorter than an amicable divorce. In shortening the duration of the divorce, as already mentioned, it is not about the divorce proceedings per se, but primarily about the year of separation, which does not apply. A hardship case can significantly accelerate the divorce.