The year apart is not a waiting period, it is the condition itself. A German court does not end a marriage on request: it establishes that the marriage has failed, and the year apart is the evidence. So the first step is not a lawyer — it is a clear date.
The year apart: the condition every divorce rests on
German courts only dissolve a marriage that has broken down, and the year of living apart is the proof. You can live apart inside one flat — but by rules the court will ask about.
✓ Verified: 15/08/2026
WHAT TO DO
› Details and tips
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Max recommends:
I wrote the separation date down the same evening and mailed it to myself. A year later both the court and the tax office wanted it — and memory was already arguing with itself.
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Lea recommends:
Living apart in one flat means separate shelves in the fridge and separate shopping receipts. It sounds petty, but that is exactly the kind of detail that counts as proof.
FREQUENTLY ASKED QUESTIONS
Is the year apart always required? ▾
In practice yes. The law dissolves a marriage that has broken down, and the year apart is how that is proven. An earlier divorce is possible only in cases of exceptional hardship, where staying married would be unbearable for reasons lying in the other spouse. The bar is high and the court decides, not the parties.
Can we live apart in the same flat? ▾
Yes — the law calls it separation of table and bed. What matters is separate housekeeping: own rooms, no cooking, laundry or shopping for one another, separate finances. Sharing a bathroom and hallway is fine. The court will ask from which day this applied.
When does the year start? ▾
From the day joint housekeeping actually ended, not from filing and not from re-registering your address. Both spouses state this date in the proceedings, and conflicting dates are a common reason for an adjourned hearing.
What if my spouse refuses the divorce? ▾
After the year apart their consent is no longer needed, though the court must still be satisfied the marriage has broken down. After three years apart the law treats it as irrebuttably broken, and objection no longer matters.