What happens if my spouse refuses the divorce?
December 8, 2023 | 40,00 EUR | answered by Alexander Hartmann
Dear lawyer,
My name is Tina Bauer and I am in a difficult situation. My spouse has made it clear to me that he rejects the idea of divorce. We have been having problems in our marriage for some time now and I am determined to separate. However, my partner is blocking any further discussion about a possible divorce.
Currently, we are at a standstill as my spouse is not willing to end the marriage. I am very worried about what will happen if he continues to reject the divorce. Can he actually prevent the divorce and what are my options in this situation?
I feel helpless and do not know how to proceed. Are there legal steps I can take to push through the divorce despite my partner's resistance? How long can the divorce be delayed if my spouse is blocking it? What are the consequences if the divorce ultimately cannot be carried out?
I would greatly appreciate your guidance during this difficult time. I urgently need clarity on how to handle this situation and what legal options are available to me. Thank you in advance for your support.
Sincerely,
Tina Bauer
Dear Mrs. Bauer,
I can understand that you are in a difficult situation and are looking for ways to get a divorce despite the resistance of your spouse. First of all, it is important to understand that divorce in Germany is generally possible even against the will of one spouse. Your spouse cannot permanently prevent the divorce if you clearly want to separate from him.
In your case, for example, you could file for divorce in court and proceed with it even if your spouse resists. The divorce application can be based on different reasons such as a separation year or breakdown of the marriage. If your spouse continues to reject the divorce, the court can still grant the divorce if the marriage is broken down and there is no prospect of reconciliation.
The duration of the divorce process depends on various factors such as the complexity of the case, the agreement of both spouses, and the workload of the court. However, a divorce in Germany usually takes about six months to a year.
If your spouse blocks the divorce, this can lead to delays in the process. In such cases, it is important that you seek advice from an experienced lawyer and know your rights and options. Your lawyer can help you to efficiently and swiftly carry out the divorce process despite the resistance of your partner.
If ultimately the divorce cannot be carried out, this can have various legal and financial consequences. Therefore, it is important that you take legal steps early on and seek professional support to ensure a smooth implementation of the divorce.
I recommend that you promptly contact a lawyer specializing in divorce law to discuss your situation and take appropriate measures. A lawyer can help you to protect your rights and successfully carry out the divorce despite the resistance of your spouse.
I hope that this information helps you and provides clarity on your legal options in this difficult phase. Do not hesitate to contact me if you have any further questions or need legal support.
Sincerely,
Alexander Hartmann
Divorce Lawyer
