Many believe spouses must live separately for a specified period before divorce, so divorce always takes a long time. This is not necessarily the case in Switzerland.
If both spouses agree to divorce, prior separation is not required. This is called divorce by joint application. In this divorce, spouses need not agree its consequences, although some do. They only need agree that they want divorce.
If only one spouse wants divorce and the other refuses, joint divorce is unavailable. The willing spouse must file a divorce claim . Before filing, the spouses must have lived actually separately for two years. The sole exception is where continuing marriage for two years, despite separation, would be wholly unreasonable for a spouse. A high threshold applies, such as physical or sexual abuse or harassment.
In short: If both spouses agree divorce is the next step, no particular separation period is required. If only one wants divorce, they generally must live separately for 2 years before filing a claim.
