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Married in the US, need divorce in Germany

16 posts in this topic

Posted

So, my husband and I got married in the US 3 years ago and moved here directly after. A little over a year ago, we signed a separation agreement and ended our marriage. Well...almost!!! Now we need to do it officially. Since then, I have been traveling a lot and have not been anywhere long enough to claim residency. My husband, however, has remained here. I am back in Hamburg for the next few months and would like to get this settled once and for all. However, I have no idea where to begin! Does anybody have any information regarding something like this? What is required? Where to go? What to do? Who to talk to? A good cheap lawyer recommendation? Is it even possible for us to divorce here?

 

Any and all help and information would be SO appreciated!!!

THANKS!!

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Posted

If you got Married in the US, then you need to divorce in the US. Its the easiest way to go forward.

Unless you registered your marriage with the Germans 3 years ago and received back all the German paperwork

confirming such, I'm going to bet, the Germans won't be able to help you at all.Esp. if you are not registered/living here

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Posted

My husband has been living here for over 3 years and we were both registered here years ago. I stayed here for 2, but left recently and am back. Getting a divorce in the US isnt an option at the moment, because neither one of us wants to live there and we need at least 6 months somewhere to claim residency.

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Posted

Of course you can get divorced in Germany.

 

For details, please read the Toytown Divorce wiki: http://www.toytowngermany.com/wiki/Divorce_in_Germany

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Posted

I'm shamelessly quoting PandaMunich, who is much more knowledgeable than I am in these matters.

 

 

You can only get a divorce in:

 

  • a country you live in now (for you: Germany), or
  • a country you are a national of (for you: the US)

 

Please read the TT divorce wiki on what to expect if you divorce in Germany (cost, alimony).

EDIT: And I'm snapped by the expert herself! ;)

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Posted

I think it's only 6 weeks in Nevada...if that helps...

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Posted

 

You can only get a divorce in:

 

  • a country you live in now (for you: Germany), or
  • a country you are a national of (for you: the US)

 

 

 

I have been traveling a lot and have not been anywhere long enough to claim residency.

OP is not a resident of Germany. and has not been living here for awhile. - Strike #1

OP is an American (Assumed), so the only option left is #2.. Go do it in the US (Where the marriage also took place)

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Posted

you might also get more info if you move this to "Life in Germany" :)

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Posted

Only one of the spouses has to have official residence here in order to be allowed to divorce here.

Her husband lives here, so they can get divorced here.

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Posted

Hello,

I am Indian citizen staying in Germany since last 3 years. I am married in India and she never visited to Germany because I cancelled her dependent visa. I would like to get rid of her. I was thinking to apply for divorce in Germany.

- Am I eligible to apply divorce and get divorce in Germany?

- How long will it take, I am sure she will not come here and fight the divorce?

- Can you suggest good English speaking lawyer?

- If I take legal insurance, will they cover divorce?

 

Thank you in advance.

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Posted

Why dont you find a Lawyer in India?

Why should your Insurance cover it?

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Posted

She has probably already divorced you in India for abandonment. Have you asked her?

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Posted

AFAIK, if one of the two partners is a permanent resident of Germany, s/he can initiate divorce proceedings in Germany regardless of where the other party lives.

 

Regarding the OP's situation: divorce in the US is a state matter, not a federal matter. One will usually get a divorce in the state he's currently a resident of. Indeed, one of the first things you see on US divorce papers is a questionnaire to establish residency in that state. If someone is a US citizen, but not a resident of any state, I don't think he can get a divorce from the US.

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Posted

US citizens, AFAIK, must have a US address to keep their passport, drivers's license, etc... current. Even here, they can ask for your US address, say, at the bank. If you have this address, you can prove residence enough to get a lawyer and get a divorce in absentia. Provided of course, that your husband-soon-to-be-ex agrees and signs off on the papers. The lawyer files and appears for you in court and explains that you are currently out of the country and if all is in order, you can get an uncontested divorce.

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Posted

It's been a while but my ex, in the U.S. simply mailed the divorce papers to me here and I signed and mailed them back. I had no U.S. address. Of course, all terms were agreed upon and we basically used the same lawyer over there. I had my signature notarized.

 

(I also had my German address on my last VA driver's license some years ago - I changed it from my U.S. address when I moved here.)

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