7 Tips on How to Delay and Perhaps Prevent YOUR Divorce

What are the delays in the separation?

Separations don't have to be the end for a long time. They are often an expression of frustration, being offended, angry or a need for revenge. Whether this is really followed by a divorce requires further decision-making processes.

Breakups can also present opportunities . They open the way to become aware of one's feelings. If you suddenly find yourself alone, the quarrel with your partner often appears to be null and void.

You reflect and realize that together you can withstand life better. So the time until the divorce can be an option to get back together. So your breakup may be emotional, but what follows should be carefully considered.

1. What does "think strategically" mean?

Ideally, you delay or prevent the course of the divorce by coming to an understanding with your spouse in advance and trying to put your marriage, which may have become fragile, back on the safe side.

How you do this is a purely human process that runs outside of legal requirements. Only when your spouse separates, in particular moves out of the common marital home or formally applies for divorce, the divorce proceedings begin in the legal sense.

Divorce in the legal sense is a strategic process. As always when it comes to law, those who know their rights and how to exercise them purposefully have an advantage. Divorces in particular are often strategically shaped.

The one who takes the first step sets the direction and acts while the other reacts. If you want to delay or prevent a divorce, you need to understand how divorce proceedings work . Because divorce law is complex. If possible, you should not act without legal advice. This is the only way to ensure equality of arms and to react appropriately and effectively.

Emotional aspects are important and ultimately the cause of the divorce, but they take a back seat to the legal assessment in divorce proceedings. And very important: Everything you do must also be viewed from a cost perspective .

If you delay the divorce proceedings (in the legal sense), you run the risk that you will have to pay the court and lawyer costs caused by the delay yourself.

2. Separation on trial

Perhaps you can get your spouse to put off their divorce plans and separate them first on a trial basis.

Possibly the separation leads to the fact that you can become clear about your feelings and that you can really reliably judge whether the divorce is a prospect for both of you or whether you might want to stay together after all.

As long as you live together directly, it is often difficult to think outside the box.

3. Separation without divorce

Perhaps it will be enough just to part. You are not required to get a divorce. This can also be advantageous from the point of view of the spouse who is actually intending to divorce, as he then does not necessarily have to compensate for the gain during the marriage, no pension adjustment is carried out and the separation maintenance may be negotiated amicably.

Even if you have children together, it can be a consolation for the children that you will not get a divorce or at least not for the time being despite the spatial separation.

Last but not least, you get the splitting tariff under income tax law, according to which you are taxed more cheaply than if you are divorced and single.

4. Application for divorce only after the end of the year of separation

Every divorce requires a year of separation. You must have lived apart for at least a year before your spouse can apply for divorce. Only then does the family court accept the application for divorce.

If the application for divorce is submitted to the court prematurely before the end of the year of separation, your spouse risks that the family court will reject the application for divorce as inadmissible and, in particular, subject to a fee.

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5. Has the year of separation been completed?

In the application for divorce, your spouse must submit that the year of separation has ended. The court will send you a copy of the divorce petition and ask you to comment on it.

Now you can present to the court that the separation year have not yet been completed and has passed in terms of a concrete separation date, no full year.

However, you are required to provide evidence for your allegations and can, for example, name witnesses.

6. Was the separation carried out spatially?

On the one hand, you can dispute the course of the year of separation, but you can also claim that you have not yet separated.

There is no formal separation if you have not yet or not completely separated from “table and bed” and you still live together in the shared apartment.

To separate you not only have to separate mentally, you also have to actually separate . Enforcement can consist of someone moving out of the shared marital home.

However, you can also stay within the shared apartment, but then have to move into separate rooms and live separately in the apartment. They are no longer allowed to work together and, if necessary, still use common rooms such as kitchen and bathroom.

7. How was the attempt at reconciliation?

Since the legislature also wants to promote fragile marriage, the law allows attempts at reconciliation . So if you reconcile with your spouse, the attempted reconciliation does not initially interrupt the end of the year of separation.

The prerequisite for this, however, is that the attempt at reconciliation is unsuccessfully terminated after a period of approx. Three months at the latest, depending on the circumstances, and that you then live separately again.

If the attempt at reconciliation lasts for a long time, the law assumes that the two of you did not really want the separation, with the consequence that you have to go through the year of separation all over again.

So, with regard to your spouse's application for divorce, you could submit that the attempted reconciliation ended the year of separation and the application for divorce was therefore submitted before the end of the new year of separation and is therefore inadmissible.

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Conclusion

There are a number of ways you can put off a divorce . Ultimately, however, you cannot prevent it.

So you always have to weigh up whether the time gained by the delay is really worth so much that you have to invest time, energy and ultimately money for it.

As a rule, you will not get very far without legal advice , risk personal and economic disadvantages and if necessary poke around in the fog of family procedure law.