The Divorce and Its Consequences
On Both the Partners
I want divorce or separation ... A personal decision - with far-reaching consequences: It means looking for a place to live, regulating maintenance, the right to determine the right of residence for the children, separation of finances and much more. Not only does the year of separation begin, thereby creating the prerequisites for divorce proceedings. The departure of a spouse is often the decisive point in setting the course for the financial and personal future.
What should I pay attention to before the separation?
I want the separation - should the other spouse move out anyway? My spouse does not want to agree to the divorce - will I still be divorced? Early advice and the exploration of settlement options will protect you from legal escalation. Before you move out, you should therefore seek comprehensive advice from your divorce lawyer. Together with a divorce lawyer, it should be explored what legal claims and obligations exist in divorce uncontested. It should be considered which changes could result in the future and how an overall solution in the form of a settlement for spousal maintenance, gain compensation and pension compensation.
The right approach should also be considered. Can you find a solution together with your spouse or is it a matter of positioning yourself in the best possible position for an inevitable litigation? Despite all the potential for conflict - there are also common interests of the spouses in a separation and divorce. The right “timing” of the separation means tax advantages for both, an agreement on the consequences of the separation and divorce avoids costs for another lawyer, etc.
What does a separation mean?
The separation as "beginning from the end" or as a "new beginning" - in each case the separation has far-reaching consequences.
- Economical and
Separation is a prerequisite for divorce proceedings. Because without a year of separation there is no divorce. Spouses live separately within the meaning of the law if they are separated. A distinction must be made between the following constellations:
- Living separately under one roof: that's basically possible. It should be noted, however, that all areas of life are separate (separate rooms, separate leisure time, separate finances, separate shopping, separate laundry ...)
- Marriage with separate apartments: If spouses have always lived in two different apartments (e.g. because of work), the wish to separate must be clearly expressed to the other spouse. In the event of reversion, proof must be provided.
- In divorce proceedings, the spouse who wants a divorce must also prove to the court that the spouses have been separated for over a year. This can be difficult at times: if the other spouse wants to delay or prevent the divorce, he will deny separation. That means z. B. Longer alimony payments. It therefore makes sense to provide evidence of the specific separation.
- If there were attempts at reconciliation, the marriage can still be divorced. This applies in any case if the spouses have not tried again together for more than 3-4 months. But stay away from trying to get another year of tax advantages through “attempts at reconciliation”: That is a criminal offense!
Precisely: the consequences of a divorce
- Distribution of household items
- Wealth distribution
- Profit sharing
- Tax brackets
Which partner has to move out?
Often the spouse who also wants to separate moves out. But can he even afford a new apartment? Doesn't it make more sense that the parent who will look after the children in the future should stay in the apartment and the other move out? Is there possibly a comprehensive regulation of the consequences of separation and divorce, which also regulates who stays in the apartment or in the house?
If the spouses cannot agree which of the two should move out, the court can decide on application (apartment allocation). The judge then assigns the apartment to one of the spouses for sole use. The prerequisite for this, however, is that further coexistence is unreasonable: Just the desire to separate is not enough to put the other person out of the door. A strict distinction must be made here:
Rules for the separation period: Above all, the well-being of the children counts. As a rule, the spouse who looks after the children is allowed to stay in the apartment - the other moves out. Incidentally, this also applies if the other spouse is the sole owner of the property or if he was not responsible for the separation!
Regulations after the divorce: If the divorce has been declared, a final regulation for the marital home will be made. Then property counts above all: the spouse who owns the property is allowed to return to his property, the other has to move out.
However, if a spouse has already moved out of the apartment and makes no move to return within the next six months, he no longer has the right to return.
If, however, violence, damage to property, insults or stalking are involved, an immediate eviction from the place can be enforced in accordance with the Violence Protection Act. The unwanted spouse then has to move out immediately. However, this dismissal is only valid for a few months. However, this can be followed by the final apartment allocation.
Moving out of the apartment also has an impact on:
- Maintenance calculation
- Regulation of the rental agreement and rental payments
- Payments on the loans
- Right to determine residence
- Income tax
- Distribution of household items
Effects of Divorce on Children
A family's life can be turned upside down when a spouse divorces. Parents are discovering new methods to parent their children as well as new ways to relate to one another. Divorce has a variety of consequences on children. Some children adjust to divorce in a natural and understandable manner, while others may struggle.
Children are resilient, and with the right support, the divorce transition may be more like an adjustment than a catastrophe. The impact of divorce on children varies depending on the children involved (different temperaments, various ages). This is something that family members are aware of, and they approach divorce with a knowledge of the consequences for children of all ages.