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Contested divorce due to alimony

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Hi everyone,

 

I have finished the separation year after a 9 month marriage, and i have filed for divorce, have a separation agreement so that i would pay her alimony. Recently she has said that she would not sign the divorce unless she finds a job. But can people willingly just deny a divorce until they want to?

 

If possible i would like to know any advice on what to do to make a quicker divorce.

 

 

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On 28.2.2020, 05:02:05, Joe Lora said:

Hi everyone,

 

I have finished the separation year after a 9 month marriage, and i have filed for divorce, have a separation agreement so that i would pay her alimony. Recently she has said that she would not sign the divorce unless she finds a job. But can people willingly just deny a divorce until they want to?

 

If possible i would like to know any advice on what to do to make a quicker divorce.

 

 

In Germany, a party to divorce proceedings can contest the divorce for up to three years.  The other party can do nothing about this, except be patient, or try to find an incentive that will convince the contesting party to dissolve the marriage more quickly.

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I wonder if the roles can be reversed. She divorces me and has to pay alimony , i cant find a job and then i deny the divorce to get more money from her :)

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No, TraceKira.  Regardless of who initiates YOUR wife should be paid the maximum amount to cover pain and suffering.

 

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3 minutes ago, TraceKira said:

I wonder if the roles can be reversed. She divorces me and has to pay alimony , i cant find a job and then i deny the divorce to get more money from her :)

 

There is nothing in German law saying it's only the woman who gets money.  If she's making more, the man can ask for spousal support and he will get it.

 

Of course, some might in these circumstances just stop working or take a lower paid job just to spite their soon to be ex. 

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13 minutes ago, lisa13 said:

No, TraceKira.  Regardless of who initiates YOUR wife should be paid the maximum amount to cover pain and suffering.

 

What happened to equal right between men and women ?

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On 3/23/2020, 11:05:54, LeonG said:

Of course, some might in these circumstances just stop working or take a lower paid job just to spite their soon to be ex. 

 

Better yet, stop working and start boinking a new boyfriend/girlfriend while getting paid alimony! American style!

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11 minutes ago, wien4ever said:

 

Better yet, stop working and start boinking a new boyfriend/girlfriend while getting paid alimony! American style!

 

Well, if both stop working, I guess nobody has to pay alimony ;)

 

I had a coworker in Canada whose ex had a rich boyfriend but wouldn't marry him because she'd lose her alimony.  The guy had figured out how much he should make to minimize his alimony payments and so he axed his business that he was making good money on and took a job, telling the employer how low his wages need to be.  Employer had no problem with that of course.  I couldn't really feel much sorry for his ex either.  Aside from the rich boyfriend, she got the house and she could have worked.  They had two kids, teenagers, who were living with the dad.

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This might be a stupid question.  But: Alimony after a nine months marriage?? 

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1 hour ago, maxie said:

This might be a stupid question.  But: Alimony after a nine months marriage?? 

 

Yes, the so called trennungsunterhalt (separation alimony) can apparently not be denied only due to a short marriage.  According to  https://www.kanzlei-hasselbach.de/2015/trennungsunterhalt-verweigern/12/  in one case it lasted only 6 weeks.

 

Separation alimony must be requested and will only be paid starting when it was requested and not retroactively.  At the time of the actual divorce, it will be decided whether alimony should continue or not.  

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