According to divorce statistics from the Federal Statistical Office, a marriage lasted an average of 15 years in 2018, while it lasted only 14.9 years in 2017. In addition to longstanding marriages, there are also some that break down after just a few months. For example, is it possible to file for divorce after 4 months of marriage? Does the year of separation have to be observed before the divorce can be filed after 4 months of marriage? What about maintenance, custody, and access rights? You’ll get all the answers to these questions here in this article by a professional divorce attorney Las Vegas.
The most important thing in a nutshell: Divorce after 4 months
- If the conditions for annulment are not met, the spouses can apply for divorce. After 4 months, however, the application can often not be considered.
- In the case of a divorce after 4 months, the year of separation must usually be observed as usual, as the legislature wants the spouses to think carefully about the separation.
- The same provisions apply to divorce after 4 months as to divorce after a long marriage.
Detailed information on divorce after 4 months is provided below.
Is a divorce possible after 4 months?
Can the marriage be annulled after 4 months?
You got married 4 months ago and now you want to dissolve the marriage because you realized that you and your partner are not a good match?
As a rule, annulment of the marriage is only possible under one of the following circumstances:
- If a spouse did not know what was going on due to insanity, for example, if they were under the influence of alcohol or drugs,
- If one or both partners did not understand that it was a wedding due to a lack of language skills at the wedding,
- If there was a threatening situation and one or both spouses could not freely choose to marry.
Cancellation is usually also possible if the marriage is a marriage of convenience or if one of the spouses has fraudulently deceived the other.
One can speak of fraudulent deception if one partner has withheld his or her HIV infection, impotence, or biological children from the other in order to induce him to marry.
In the event of a divorce after 4 months, does the year of separation have to be observed?
Since the legislature wants to encourage the spouses to think twice about the divorce, the year of separation must usually be observed. Divorce after 4 months of marriage plus a year of separation can take place if the marriage can be proven to have broken down.
In Section 1566 (1) of the Civil Code, marriage is described as shaken if the spouses live apart for at least one year. Separation within the marital home is also counted.
In that case, no further evidence of the breakdown of the marriage is usually required. Accordingly, it is usually sufficient for both spouses to submit to the court that this is an amicable divorce. The reason for the separation or divorce does not have to be stated.
In addition, a separation only really takes place before the law if both spouses no longer share a common bedroom, do not work together, or provide services for one another, for example cooking for one another or doing laundry.
In the case of a divorce, a joint application is not possible under US law, even if this is amicable. One of the partners would therefore have to submit an application. For a divorce petition, one is lawyer needed.
Maintenance, custody, and access rights in the event of divorce after 4 months
Many wonder what the situation is with alimony, custody, and access rights if a divorce is sought after 4 months of marriage.
As a rule, the same provisions always apply to divorce, regardless of the length of the marriage. Spouses who want to seek a divorce after 4 months of marriage not only have to comply with the year of separation, the normal legal regulations also apply to them.
In practice, for example, the gain in a short marriage can be very small. Furthermore, there is no automatic pension adjustment for couples whose marriage has lasted less than three years.
It is better to know about a marriage contract before getting in relation with your partner since it eases you to make a decision on the behalf of the facts.
The marriage contract
When two people love each other and enter into a marriage, separation is usually not on the agenda yet. In the US, marriage is seen as a community of gains – the joint increase in assets is halved in the event of a divorce. This leads to arguments especially when both partners start the marriage with different financial starting points. Then it is advisable to suspend a marriage contract in advance.
Reasons for a marriage contract
Contractual arrangements for a possible breakdown of the marriage should be made, if
- A spouse owns a business
- A partner brings large debts into the marriage
- A gain and pension compensation should be excluded because both earn well
- The spouses live abroad, but the US law is to apply
- The separation or divorce should be settled without a dispute.
The best time to get a prenuptial agreement
It is advisable to agree on contractual arrangements in the event of the failure of the marriage before the wedding. At this point, it is often better to remain objective and to block out negative emotions. Be careful, however, if the future wife is already pregnant – if a marriage contract is created that puts her at a disadvantage, it can be challenged later.
It can be assumed here that the pregnant woman’s emergency situation was exploited. A contract on the consequences of a divorce can also be concluded if the marriage is already at risk and failure is likely. Such an agreement on the consequences of divorce simplifies the separation and speeds up the divorce proceedings.
Legal assistance required
The help of an experienced lawyer should be sought for drawing up the marriage contract. If a spouse is an entrepreneur, it is advisable to also consult the tax advisor. The contractual regulations often not only affect marriage but also affect inheritance law. The design of the marriage contract is basically not subject to any norms; the agreements can be interpreted in many ways – laypeople quickly lose track of things.
Notarial certification is mandatory
Such a marriage contract must be notarized in the US. The notary is obliged to discuss all agreements with the contracting parties and weigh up the advantages and disadvantages. He also ensures that both spouses have understood the content of the regulations. This is to ensure that not a spouse (i.e. the one who pays the lawyer) is in a better position. In principle, the spouses are free to decide which regulations to include in their marriage contract. However, they must not be immoral or contrary to good faith. For example, clauses containing the waiver of child support are void. Also certain agreements on pension equalization that unreasonably disadvantage a partner are legally ineffective. Divorce agreements must be concluded before the notary.
This content could be regulated in the marriage contract
- The matrimonial property regime
- Spousal support
- The pension equalization
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