Marriage & Partnership
“Drifting apart” is often the stereotypical and simultaneously resigned designation of the status quo of a once significant, perhaps even “blind” love in marriage and partnership.
Often, an (established) affair by the partner has brought the situation to a breaking point. In the face of shared beautiful times, it’s usually not advisable to immediately throw in the towel but rather to question the motives and, as far as the subjective tolerance level allows, interpret with leniency.
The decision of whether it’s worth fighting for a relationship can be facilitated by “enemy reconnaissance”. At the very least, one should know the identity and circumstances of the “third party” to draw conclusions about the partner’s long-term interests. However, securing legally admissible evidence is strongly recommended as a precaution in case of a final separation, regardless of whether you ultimately need the material or not.
An affair can still have implications on alimony payments. It is considered a “relative” grounds for divorce; it is examined whether it is a reason for the failure of the marriage. Proving it is our job. We strongly advise against relying on even the most well-intentioned personal observations. They often backfire and hinder or make our work impossible.
The legislator does not provide for a taxative list of grounds for divorce. The law speaks of the principle of breakdown of marriage, which means there must have been marital misconduct leading to the irreparable breakdown of the marriage (§49 EheG).
Divorce Due to Fault (Marital Misconduct), §49 EheG
One spouse can petition for divorce if the other, through serious marital misconduct or dishonorable or immoral behavior, has culpably disrupted the marriage to such an extent that the restoration of a life partnership corresponding to its nature cannot be expected. Serious marital misconduct occurs in particular when one spouse has broken the marriage or inflicted physical violence or severe emotional suffering on the other. A spouse who has committed misconduct cannot petition for divorce if, given the nature of their misconduct, especially due to the connection between the other spouse’s misconduct and their own fault, their petition for divorce is not morally justified upon proper consideration of the essence of marriage.
Although there is no catalog of grounds for divorce, there is a consensus on behaviors that can lead to marital breakdown:
- Adultery (violation of marital fidelity through extramarital sexual intercourse)
- Refusal to allow access to the marital home (e.g., changing locks, unauthorized removal of keys…)
- Willful desertion
- A mere “friendship” that gives the objective appearance of an extramarital relationship
- Maintaining friendly (non-sexual) relationships with the opposite sex against the explicit wishes of the other spouse
- Visiting brothels
- Insults, threats of danger
- Lies and secrecy
- Failure to provide support to spouse and children
- Regularly spending nights out drinking
- Reckless accumulation of debt
- And more.
A detective report is often a crucial piece of evidence that, when skillfully utilized by a good attorney, can lead to surprises. The detective’s fee for the necessary investigation can usually be reclaimed not only from the unfaithful spouse but also, in many cases, from their lover.
Not every situation revolves around infidelity, adultery, and the like, as illustrated by two completely contrasting examples:
Playing Hardball
A woman with bruises all over her body sought treatment at a hospital. She claimed her husband had severely assaulted her. A conviction for grievous bodily harm seemed inevitable. Plus, being found guilty in the divorce, losing custody of the child, his (inherited) townhouse, and his job as a teacher. However, it was proven that instead of the wife, her friend (who was actually regularly abused by her pimp) sought treatment and “legitimized” herself with the wrong E-card. Just a favor between friends. Or what two native Russians understand by it.
Wedding Bells
At his wits’ end, a shy academic appeared, who had “fallen” for a woman in a crowded bus. He hadn’t dared to approach her in front of everyone, and he missed the chance to get off with her. His efforts to rectify this misstep were unsuccessful – but not ours. Heated descriptions of the efforts the silent admirer had taken initially caused disbelief, then a smile, and ultimately the agreement to pass on her phone number. A year later, they got married.
Additional Specific Areas:
- Divorce Proceedings (Marital Misconduct)
- Surveillance of Vacations, Company Outings, Seminars, Christmas Parties, etc.
- Verification of Online Acquaintances
- Background Checks on New Acquaintances (Marriage fraud, Gambling addiction, Financial circumstances, etc.)/li>
Do you have any further questions or would you like to schedule a free consultation?
DETECTIVE AGENCY PÖCHHACKER
Your contact point for all kinds of observations and investigations since 1983