Can I force my spouse to accept the divorce?
June 27, 2023 | 40,00 EUR | answered by Erwin Evers
Dear lawyer,
My name is Lina Ziegler and I am currently in a rather difficult situation. My spouse and I have been drifting apart for some time now and I am determined to end the marriage. Unfortunately, my spouse is refusing to accept the divorce.
The current situation is that we no longer understand each other and we both know that the marriage has no future. However, my spouse is blocking any attempts to reach an amicable divorce. This is emotionally taxing for me and I wonder if it is even possible to force my spouse to accept the divorce.
I am concerned that my partner's blockade will unnecessarily prolong the divorce process and further strain my nerves. I simply want to put an end to the marriage and start fresh, but it seems impossible at the moment.
Can you please tell me if there are legal options to force my spouse to accept the divorce, or if I simply have to patiently wait in this situation? Are there perhaps alternative ways to progress the divorce despite my partner's resistance?
Thank you in advance for your help and support.
Sincerely,
Lina Ziegler
Dear Mrs. Ziegler,
Thank you for your message and for trusting in my expertise as a lawyer in the field of divorce law. I am sorry to hear that you are in a difficult situation and that your spouse refuses to accept the divorce.
In Germany, it is possible to proceed with a divorce even against the will of the spouse. This is done through a contested divorce proceeding in court. However, you will need to prove a valid reason for the divorce, such as the failure of the marriage or the existence of separation years.
In your case, where both parties have been living apart for a long time and the marriage has no future, the failure of the marriage would be a possible reason for the divorce. You can therefore file for divorce in court and your spouse cannot oppose it.
However, a contested divorce proceeding is usually associated with higher emotional and financial costs, as there may be disputes over alimony, custody of children, marital property division, etc. Therefore, it is advisable to first explore all possibilities of an amicable divorce.
In Germany, there is the option of using mediation to find an amicable solution. In this process, you and your spouse will be supported by a neutral mediator to reach an agreement together. This can help expedite the divorce process and make it more cost-effective.
If your spouse continues to block and an amicable solution is not possible, I am here to assist you in initiating the contested divorce proceeding and representing your interests in court.
Please do not hesitate to contact me for further information or advice. I am here to help you navigate through this difficult situation as best as possible.
Sincerely,
Erwin Evers, Lawyer
