Taking flight from a marriage on the rocks
Our marriage was destined for a bright future filled with love. But as time went by, my turtle-dove became increasingly jealous and invasive. Today, I'm constantly watched over by her, who makes increasingly violent scenes at the drop of a hat, where insults and sometimes even blows start to rain down. I have to live in the shadows to escape her. I'd like to divorce her as soon as possible to put an end to this unhealthy and trying relationship that's consuming me...
J, Meyrin
The sad turn your relationship has taken seems to meet the conditions for immediate divorce if you have lost all hope of regaining your former happiness. As a reminder, there are three ways of getting divorced under the Swiss Civil Code (CC). The first is to divorce by mutual agreement by means of a joint petition to the judge, when both spouses wish to end the marriage (art. 111 CC).
The second allows a spouse to apply unilaterally for a divorce after an effective separation of two years (art. 114 CC). Finally, it is possible to unilaterally request a divorce before the end of this two-year period for serious reasons leading to the breakdown of the marital bond (art. 115 CC). This third option is applied restrictively. According to the letter of the law, there must be serious grounds, not attributable to the petitioning spouse, that make the continuation of the marriage unbearable.
The Federal Court specified that it must be determined whether the maintenance of the legal relationship can reasonably be demanded from an emotional and psychological point of view, in other words whether the emotional and spiritual reaction that causes the applicant spouse to feel that the continuation of this relationship for two years is unbearable is objectively understandable. To reach such a conclusion, each case must be examined in detail.
Case law, for example, has held that the following cases may constitute serious grounds: acts of violence that endanger the physical and mental health of the applicant spouse; a serious criminal offence against the applicant spouse or one of his or her close relatives; proven sexual abuse of joint children or children from a first marriage; an offence that is a disgrace; serious mental illness.
Systematic surveillance by one spouse of the other may sometimes be considered a form of harassment or abusive control. If it proves to be persistent and makes life together unbearable by causing significant suffering to the spouse being watched, such behaviour could be interpreted as serious grounds for severing the marriage bond. This is all the more the case if this unhealthy jealousy is accompanied by unprovoked blows and insults, which are unacceptable acts of violence in both civil and criminal law.
If you are unable to share the branch of peace, possibly with the help of a marriage counsellor, you can take the matter to court without waiting any longer.
