In addition to fault divorce, there are other grounds for divorce:
- Divorce due to illness:
This concerns cases in which the marriage is so deeply disrupted due to the behavior of the other spouse, which cannot be considered marital misconduct due to a mental illness or other comparable impairment, that the restoration of a union corresponding to the nature of marriage cannot be expected. However, the mere fact of suffering from a mental illness is not sufficient—there must always be certain behavior which is equivalent to serious marital misconduct, but which cannot be reproached due to the illness.
Another (illness-related) reason for divorce is the presence of a contagious or disgusting disease that cannot be expected to be cured or the risk of contagion eliminated in the foreseeable future.
The so-called hardship clause must be observed in both cases. Since divorce on these grounds contradicts the basic idea of marriage—namely to provide physical and spiritual support in times of crisis—divorce is inadmissible if it is not morally justified. It is therefore a matter of avoiding cases of hardship. This is the case, for example, if the partner affected by the illness would be hit extraordinarily hard. In particular, the duration of the marriage, the age and the cause of the illness must be taken into account.
- Dissolution of the domestic union:
If the marriage is incurably broken and the domestic union has been broken for at least three years, each spouse can demand a divorce. It is irrelevant which spouse is responsible for the breakdown of the marriage or whether he or she is at fault for the breakdown—even a spouse who has committed a serious breach of marriage can demand a divorce.
Domestic union means a residential, economic and sexual union. This union is dissolved if all three elements have ceased to exist and personal relations between the spouses have been severed. A dissolution exists in particular if both partners live in the same apartment but otherwise go separate ways—even occasional visits are irrelevant for this.
It should be noted, however, that the petition for divorce will not be granted if the court is of the opinion that there is no breakdown—i.e. it is to be expected that the union will be restored. Here, too, the hardship clause must be observed. Thus, the divorce is not to be granted if the divorce would hit the defendant harder than the plaintiff would be hit by the dismissal of the petition. However, if the domestic union has been terminated for six years, the petition must be granted in any case.
- Amicable divorce:
Of course, there is also the possibility to end the marriage by mutual consent. However, in order to prevent a hasty divorce, the following conditions must be met:
- Marital union has been terminated for at least half a year
- Both spouses admit the incurable breakdown of marital relations
- There is a written agreement on the divorce consequences in court
- Joint divorce petition
The agreement on the consequences of divorce must regulate the maintenance between the spouses on the one hand and the division of the marital property on the other. If there are joint minor children, an agreement must also be made on care and custody, the right of contact and the obligation to pay maintenance.
