The applicant must not forget that the divorce lawyer Las Vegas and court fees must be paid even if the court rejects the hardship decision. It is therefore advisable in any case to submit the application as conscientiously as possible, with all the relevant evidence. Likewise, it would be negligent and wasted money if the applicant “played poker ” and ” just tried” to see whether the application went through in court, even though the probability of a rejection is high.
Hardship case and hardship clause: what is the difference?
A hardship clause basically describes the opposite of a hardship case. The hardship clause only applies if there are compelling reasons that make it impossible to divorce a marriage. A divorce would hit one of the divorced with such hardship that a prudent divorce would not be carried out in the first place.
Itis important to note that family courts only consider such exceptional circumstances into account when they are also expressed by the defendant in the divorce petition. In addition, the hardship clause, like a hardship case, must be assessed on a case-by-case basis. It is difficult to make a generalized statement about when exactly a hardship clause will apply. Circumstanceswhere people have enabled such a far-reaching clause in the past, are (partialexample:list):
- The defendant is at high risk of suicide and a divorce would particularly increase that spouse’s risk of suicide.
- The spouse suffers a serious illness that results in death and goes into depression.
- The continuation of the marital union is very important for underage children (also known as the child protection clause).
- A disabled child is cared for by both spouses for many years.
- The defendant suffers economic consequences from the divorce that endanger his existence.
- The marriage has been around for a very long time.
- The spouse is at a very old age, which is why a divorce would push him into a life situation that he would find extremely difficult to deal with due to his old age.
Hardship and cancellation: what is the difference?
A marriage can only end in the following circumstances: divorce, annulment and death. Annulment, i.e. annulment of the marriage, takes place if, for example, there is a fictitious marriage or a double marriage. For example, at the wedding, a spouse can use fraud to pretend to be single. In reality, however, he is already married to a person, possibly in another country, for financial gain.
A marriage is annulled if it is actually not a marriage. In other words: If it turns out in retrospect, i.e. after the divorce, that the marriage was not legal at all, the marriage can be dissolved. This annulment procedure exists in civil as well as in church marriage.
Themain reasons for a marriage annulment? You can read this and more in the separate article “Annulment of a marriage”.
In case of uncertainty: mediation as a possible compromise solution
If the family court is not absolutely sure whether the hardship decision can be carried out, there is another option for the time being: mediation. There are cases when the court sends the spouses to a mediator for the time being. A mediation is led by a certified mediator who can help the participants to a productive dialogue, in which at best compromises can be found. Mediation has the advantage that an out-of-court settlement is often found between the spouses. It has already proven itself many times over to reduce disputes and to find a common basis for discussion. It can speed up a divorce.
Hardship and pension adjustment
In terms of pension adjustment, the applicant must observe the following two points.
The duration of the hardship decision is extended with the pension adjustment
Only if the pension adjustment is excluded, i.e. both spouses waive it, can they save the time that is required for its calculation. It usually takes 3-6 months to calculate the pension entitlements. Only then will the divorce proceedings continue.
As a result of the hardship decision, the pension entitlements may decrease
The pension equalization calculates the amount of pension entitlements that arise during the marriage. It should be noted that during a separation year at a normal divorce pension rights to some increase can. This factor must be taken into account when considering submitting a hardship decision. For example, it may be financially wiser for a spouse to go through a consensual divorce with the legally prescribed year of separation than to hastily file a hardship decision that may result in the loss of pension entitlements. A hardship decision usually shortens the marriage period because of the lack of a year of separation, which reduces the pension entitlements.
Hardship case example
The woman has little income, but the man earns a lot, has been addicted to alcohol for many years and regularly beats the woman. Here the woman has to weigh up her approach wisely. It is very likely that a hardship decision can be made, but at the same time it would likely result in the loss of pension entitlements. As a prerequisite for a “normal” divorce must be one year of spatial separation anyway, this path may be financially better for you. Ultimately, such a complex question should be discussed with a lawyer in order to better assess the risk.
Hard Decision on Divorce – FAQs
Who can apply for a hardship decision?
Anyone who wants to submit a hardship decision should really be sure of the matter. An application with weak evidence or based on the principle “I can try it” will almost certainly not work. The court grants such a divorce only in genuinely exceptional situations that can be conclusively proven.
How does a hardship decision work?
If the court decides in favor of a hardship decision, the spouse has to comment on the misconduct that they are accused of. Often times, the spouse denies the allegations. If the evidence submitted by the applicant is not entirely clear, the evidence will be examined. The examination of whether there is actually a hardship case can take a long time before the hardship decision itself begins.
How can I prove a hardship case?
In order for the court to allow a hardship ruling, the applicant must provide solid evidence. The evidence must clearly demonstrate the misconduct of the spouse. Any medical certificates about bodily harm, advertisements, pictures or the like should be enclosed with the divorce petition.
What is a hardship case?
A hardship case is serious misconduct by one spouse that would make the continuation of the marriage unbearable for the other spouse. Possible hardship cases are, for example: repeated assault, sexual abuse, severe alcohol and drug addiction, death threats, prostitution and others. The following circumstances do not justify any hardship: emotional coldness of spouse, lack of love, infidelity, slap in the dispute etc.