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  1. I've been in Germany for many years now, and I have a german wife, and a 1 year old daughter. I'm British and since last year also German (due to Brexit...) My marriage to my wife has been very rocky almost immediately after she fell pregnant. We argue way too much and intensively. The dynamic has also changed with her family, especially now that we have a little girl, the MIL loves interfering more than she needs too, which doesn't help things. In the last few months, I've unfortunately been thinking divorce is looking more inevitable. I'm interested in knowing a few things first from people who have gone through similar experiences in Germany. My wife and I have a prenup, that basically covers my asset (a flat I own in Germany), and her pension (as I don't have one). I freelance, my wife is an employee. She has kept her maiden name. We don’t have joint bank accounts.     In the case of a divorce, how is the time of each separated parent normally allocated to a baby/young child?  How could I ease the transition for my daughter to having two parents with different lives? For those divorced and with children, how do you organise holidays and trips to your homeland with your ex/Jugendamt? My wife and I share a flat we bought together, so if I were to move out before selling the flat, is it advised to keep up my share of the mortgage payments if my wife were to live in our flat when I'm no longer there? When it comes to splitting up the finances, is the length of the marriage taken into consideration? My wife and I are married for less than 3 years. Does the nationality of the child play a role? My daughter is dual nationality (DE-UK). I assume under nearly all circumstances young children have their main residency with their mother, but can this be somehow split? I'd like to at least move out into a 3-Zimmer flat so my daughter has her own room, and my place is just as much her home as with her mother (so an approx. 50-50 split, if possible). Going through divorce proceedings, I’d like to at least offer my readiness, if necessary, to be the sole carer although I concede this probably won't be a real possibility. I understand that this may be irrelevant in the eyes of a court, but my wife would have a lot of support from her parents 150km away and her sister about 40km away, not to mention her network of friends here. I'm not fishing for sympathy, just want to state that I’m on my own in Germany with many of my friends elsewhere. So I unfortunately won’t have any local support from family at least. Would this also be taken into consideration from a Jugendamt/court? Would it be advised to launch divorce proceedings from the UK, if possible? We own a flat together. I assume that this would be split 50-50 once sold. What about other claims for finance; could my wife claim half my earnings since the time that we were married? I’m of course prepared to finance my daughter, but I don’t like the idea of financing more than required for my wife after a divorce.    Would be interested in hearing your thoughts and to know if there is anything else to consider.
  2. I came here in Germany 3 years ago, and brought my ex-wife a year after my arrival as a visa-dependent. We got divorced last month, and now I'm trying to inform the immigration office that I'm no longer married. I've been told by an employee in the immigration office that I would need a legal recognition for my divorce, but made some research online I found that if both parties (husband and wife) have the same sole nationality, and the divorce was carried out in their country, no recognition is needed. (Possible Exception) (Decisions taken by the parties' state of origin)   I thought maybe the employee did not know that we fall into this category, so I would like to confirm if a recognition is really needed before going through this lengthy process.
  3. Hello everyone, I searched the threads and came up short, but I apologize if this has been discussed elsewhere.  I am American and want to get divorced from my German husband. We both live here and have one child together. To minimize the cost (it should be 1/2 the price from what I can gather online), I was considering getting divorced in the US. We were married there and had it recognized here at the Standesamt, and as far as I can tell, we should be able to get divorced in the same manner even though we are both currently living here, right? We’ve already had our retirement Ausgleich settled by a notary and we’re working on officially figuring out the child support with the Jugendamt. We don’t have any property and we more or less agree on everything, so it should be pretty simple. Does anyone have any experience doing it this way? Was it too much of a pain in the butt to be worth it? For the record, I did consult a German divorce lawyer at the beginning of this and she advised me that it was easier to do here because we live here and everything would have to be settled in Germany anyways. But I’m a little skeptical, because we have managed to settle most things on our own outside of court. I’m thinking she may have wanted to retain my business... Any thoughts? Thanks in advance!
  4. I am already a member of the Mieterverein, but they can’t help me with this one issue because I would need a family lawyer, which I have but I am not ready to pay for yet until I save some money. Landlord lives below me, grrr. Thought I would come here to ask if anyone has had experience with this.    ExH and I got divorced last year. Both of our names are on the contract. He no longer lives in Germany. After the divorce was finalized, both our lawyers instructed us to send a registered letter to the landlord saying that because of 1568 we would like to continue the lease with my name, which the landlord has rejected. Her lawyer said that an exception to 1568 is that the court never said that I can have the lease in my name and the court only said that the divorce was granted. The lawyer further added that this lease in my name is a private matter between my ex and me and it has nothing to do with my landlord. Therefore, she will not take his name off the lease.    I know that all parties have to agree, but my lawyer said that with 1568 the landlord does not have a leg to stand on. Ex and I have no more contact.    I have paid the rent on time since ex and I agreed to. At one point both of us were splitting the rent, but he decided to just stop paying his part and didn’t tell me one month. I then started paying it on my own on time. The landlord has refused to take his name off the mailbox and doorbells, which has caused problems for me because I got his mail (collection notices) delivered to me. The Mieterverein said that I can cover them up and notified her by letter that I am allowed to do this. I covered his name up on both doorbells and mailbox, but she took the cover off on one doorbell. I then took his name off as instructed. I have yet to hear about that one as the landlord has been away. The landlord has tried everything to get me out of this apartment (in a previous thread somewhere). I have been looking, but it’s difficult because I am a freelancer. TBH, I like this apartment and my bf stays with me a bit, but not 6 weeks in a row at any time. She seems to think he is my Mitbewohner and that I am subletting, but that isn’t the case and he has never been here continuously for 6 weeks or more. The most is usually M-F, depending on his work schedule in Munich.    What does the landlord gain by having my ex’s name on the lease if he isn’t even in the country and no longer a resident at this address? The landlord has said many nasty things about me in letters and text.    Thanks.    ETA: After looking through emails with my divorce lawyer, she said that since we both sent letters, and that means that the contract is automatically continued with me. That just doesn’t sound right.   
  5. Immigration & Family lawyer

    Hi all!    I'm from the US and I've been living in Germany for 6 years, mostly as a student (finished my MA here).   I'm getting a divorce from my German husband, probably in May, after 3 years of marriage. I am looking for a family AND immigration lawyer to help me hash out the details of my residence title in Germany after the divorce. I am hoping to pay under 100 euros for a brief consultation. Any advice/recommendations you have are welcome!   Thanks in advance!
  6. So I am freshly moved back to the US after just over a year of marriage to a German woman. We are on relatively peaceful terms, but I am a bit nervous about handling the divorce. I basically have nothing for her to take as I am starting my life anew back in America. I think the plan is just to have a clean divorce with no property matters being included. My wife sent me a form to send back so that I can be "de-registrated" as a resident. I wanted to know if this form JUST grants permission for her to handle the residence issue, or if this is just blanket saying she can sign for me (DANGER!).     Here is the statement:   "Hiermit berechtige ich, (my name), meine Frau (her name) dazu mich in (City), Deutschland abzumelden."     and then I sign. I think it checks out but wanted to make sure. Thanks!
  7. Hello  I am a bluecard holder in Germany and working here for past 2 years with my wife. I am from India and She is from Philippines. We get married in Georgia civil ceremony. My wife has dependent bluecard too. But she wants to divorce and move on. The problem is if we get divorce certificate Can I marry again in India and bring her? If its possible will my indian wife has to submit any divorce certificate of my first marriage?   Is it possible that I can hide my past from the second wife and bring her here.