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=U4= Sec1564 -- Section 1564 Divorce by judicial decision
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=S=> BGB 1564 A marriage may be dissolved by divorce only by judicial decision on the petition of one or both spouses . The marriage is dissolved when the decision becomes final and absolute . The conditions under which a petition for divorce may be made follow from the following provisions .
=U4= Sec1565 -- Section 1565 Breakdown of marriage
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=S=> BGB 1565. 1 A marriage may be dissolved by divorce if it has broken down . The marriage has broken down if the conjugal community of the spouses no longer exists and it cannot be expected that the spouses restore it .
=S=> BGB 1565. 2 Where the spouses have not yet lived apart for one year , the marriage may be dissolved by divorce only if the continuation of the marriage would be an unreasonable hardship for the petitioner for reasons that lie in the person of the other spouse .
=U4= Sec1566 -- Section 1566 Presumption of breakdown
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=S=> BGB 1566. 1 It is irrebuttably presumed that the marriage has broken down if the spouses have lived apart for a year and both spouses petition for divorce or the respondent consents to divorce .
=S=> BGB 1566. 2 It is irrebuttably presumed that the marriage has broken down if the spouses have lived apart for three years .
=U4= Sec1567 -- Section 1567 Living apart
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=S=> BGB 1567. 2 Living together for a short period which is intended to reconcile the spouses does not interrupt or suspend the periods laid down in section 1566.
=U4= Sec1568 -- Section 1568 Hardship clause
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=S=> BGB 1568. 1 The marriage should not be dissolved by divorce , although it has broken down , if and as long as the maintenance of the marriage , in the interest of minor children of the family , is , exceptionally , necessary for particular reasons or if and as long as divorce , by reason of extraordinary circumstances , would be such a severe hardship for the respondent , who rejects it , that the maintenance of the marriage , exceptionally , appears to be advisable , even taking into account the concerns of the petitioner .
=S=> BGB 1568. 2 ( repealed )
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