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One-year separation requirements for divorce

Does living in the same flat count as separated?

Toytown Germany > Discussion forum > Germany-wide > Legal
puthuvel
I am working and my wife is not fully employed so she cannot support to rent a separate flat.We want to get divorced but its said that for this one needs a separation of one year.
Is it possible for us to live in the same flat in different rooms or do they accept only when we have separate address and live separate.
Please advice what should we do?
Krieg
It is possible. You do not even need to wait one year, you can say that you start living in different rooms back at the beginning of the year. But at the end all is up to the judge believing you or not. The best you can do is that she moves out to a WG or something cheap and you help her with the rent or part of it for some months, you can put down everything very clear in a contract.

It seems like you want to get separated but you still did not talk to any lawyer, I suggest you contact one now.
minga
What is the nationality of your wife?
westvan
It really would be best to consult a divorce lawyer, but I think it is possible. The German phrase to describe the separation is „getrennt von Tisch und Bett leben“, meaning that you are neither eating nor sleeping together.
RS500Guy
"Living separated from table and bed" describes most business travelers and long-haul truckers. Loophole?
sarabyrd
You may share your living premises but must act as if the other weren't there. Each cooks his own meals, does his own laundy, his own shopping, his own cleaning, etc. Your possessions must be kept separate, i.e. not in the same wardrobe and if possible not in the same room. Same goes for food in the kitchen and the shampoo and shower gel in the bathroom - separate and possibly labeled. You must not share your bed/bedroom.
Most of all, take off your wedding rings (that was my lawyer's first piece of advice).
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