Divorce for foreigner couple for Non-EU

18 posts in this topic

Hello,

 

I would like ask the regulations regarding divorce if you are not married in Germany but just registered. I am trying my best to take this as relationship further but somehow it seems completely not possible. Only GOD knows my feelings for this. I have one kid and a wife. I am right now having Niederlassungserlaubnis and my wife has just the visa by the end of September this year. How would it be possible to have eary Divorce? I dont want to wast the whole year to get seperated. Moreover, I am ready to pay amount for my son and not in favour to pay much amount to my ex wife. Would it be possible to follow the contract we made in our country rather than following the policy of one year duration not to get marry and paying alot of money to ex-wife. 

 

My wife works and earns less money which cannot be really usefull for keeping an apartment with Child. What are possible means to solve this issue gracefully?

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There are many threads. On -Divorce  Non EU,  so do first use the search function for these threads/posts.

Also names of lawyers who specialise in family law.

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Yeah, I saw one of those threads, but they are not targeting the problem I am facing.  as I mentioned explictely about the following of the contract at termination of marriage. My marriage is just registered but not happened here in Germany. So, how would be possible to terminate the contract in my religion way rather than following German policy ( i.e. staying one year seperated and not allowed to do other marriage at the same time , Paying for that specific duration a lot of money ( i.e. around 1200 Euros ))

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You think 1200 EUR is a lot of money to get a divorce.  You are in for a real life surprise.  I wish you luck.

 

P.S. If your country accepts international divorcements done in Germany that's probably the way you will have to do it.   And I assume that's the way your wife will prefer.   Anyway, ask a lawyer if you want correct answers, but they are not cheap.

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It is possible to get divorced immediately in Germany, without the mandated separation period, if you can prove a hardship.

 

“Hardship“ is things like:

 

Physical abuse / violence

Sexual abuse / rape / incest

Severe alcoholism / drug addiction

Spouse is incarcerated

 

Those sorts of things constitute grounds for a hardship divorce.

 

“Hardship“ does not include not wanting to pay for the divorce, or wanting to get remarried right away.  

 

German law also does not recognize informal divorce, such as chanting, „I divorce you“ three times, even if such informal methods have religious backing in other countries.

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Thanks for reply.

But what if relationship is not going well and husbnad dont want to continue the relationship and wife also at the same time simply. Somehow perhaps, I realized it after passing 5 years that we both cannot live with each other beacuse we are two distinct persons. Nothing is common between us and if we continue we might end up frustrated with each and tht's not good for her and myself and my kid. My wife simply doesnt suits me. My job , my daily routine and her being independent nature really not allowing me even to concentrate on my work. Due to all this I became even Diabetik patient. Now I dont want to suffer any more.

 

But that's not either one's fault. So, I dont want to pay 1200 euros just for giving my money to my ex wife. She just earns 600 which I can understand not good for staying within Munich, but I dont have other option.

 

I can't explain our all internal matters but to me this sounds illogical and in-justice towards man to pay huge amount of his salary just for divorcing ( a punishment ? )

 

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Since you are a foreigner, it is possible to get divorced in Germany under your country‘s divorce laws, if:

 

1.  Your wife agrees to this.

2.  The divorce laws in your country do not substantially conflict with Germany‘s concept of basic human rights.

 

If your wife objects, or if the laws in your country violate the rights of someone who lives in Germany, you will have to get divorced under German law.

 

Regardless, Germany will not allow you to leave your ex-wife destitute, no matter how unfair you might think that is to you.

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3 hours ago, Glitteringsound said:

Due to all this I became even Diabetik patient.

 

False. 

 

You can't blame your wife for everything.

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Would your wife agree to go back to Armenia and get divorced there under whatever conditions they have? Perhaps you wouldn't have to face the German system to the same extent if your then ex-wife didn't press any claims. If you don't like it, that's just kinda too bad really... Women often make a lot of sacrifices to raise children, and simply abandoning them to their fate is immoral. Do not view it as paying your soon to be ex-wife, but your child. Who do you think is going to handle money for a small child anyway? 

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If you get divorced in Germany, you will be expected to support your wife and child. Have you discussed this with your wife and asked her what she wants to do?  I think you need to talk with ausländerbehörde about what happens to her visa in September if you are separated. 

 

By the way, you don't get diabetes from a bad marriage.

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1 hour ago, fraufruit said:

 

False. 

 

You can't blame your wife for everything.

Well , I saw your replies on other threads completely co woman. I can understand this. Well, no extra information want to share but without knowing any details and relationship nature you should refrain from conclusion.

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7 minutes ago, LeonG said:

If you get divorced in Germany, you will be expected to support your wife and child. Have you discussed this with your wife and asked her what she wants to do?  I think you need to talk with ausländerbehörde about what happens to her visa in September if you are separated. 

 

By the way, you don't get diabetes from a bad marriage.

Well, the major cause of Diabetik is stress or family inheritance. I know it was all because of stress I had during last year and according to the doctor I got this disease because of stress.

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32 minutes ago, alderhill said:

Would your wife agree to go back to Armenia and get divorced there under whatever conditions they have? Perhaps you wouldn't have to face the German system to the same extent if your then ex-wife didn't press any claims. If you don't like it, that's just kinda too bad really... Women often make a lot of sacrifices to raise children, and simply abandoning them to their fate is immoral. Do not view it as paying your soon to be ex-wife, but your child. Who do you think is going to handle money for a small child anyway? 

Yes, you are right. I am taking kindergeld, that would be all for my son. Among 200 euros, 100 straighforward goes to kindergarten. I can contribute to 500  more and I think that would be sufficient for  my kid. But just paying more than this would be too much for me.

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30 minutes ago, Glitteringsound said:

Yes, you are right. I am taking kindergeld, that would be all for my son. Among 200 euros, 100 straighforward goes to kindergarten. I can contribute to 500  more and I think that would be sufficient for  my kid. But just paying more than this would be too much for me.

 

You can see at  https://www.unterhalt.net/duesseldorfer-tabelle.html according to your salary how much you will be paying.  They do leave you enough to live on. 

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49 minutes ago, Glitteringsound said:

Well, the major cause of Diabetik is stress or family inheritance.

 

Do you have a source for that other than your doctor said? I can't find it on any of the medical websites.

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18 minutes ago, fraufruit said:

 

Do you have a source for that other than your doctor said? I can't find it on any of the medical websites.

Well, common sense says that stress really damges your brain. Taking too much stress can cause blood pressure and other diseases. Moreover, if after diabetics remaining under stress will throw you in unknown diseases. Where am I wrong? I am completely open to correct my self.

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2 hours ago, Glitteringsound said:

Yes, you are right. I am taking kindergeld, that would be all for my son. Among 200 euros, 100 straighforward goes to kindergarten. I can contribute to 500  more and I think that would be sufficient for  my kid. But just paying more than this would be too much for me.

 

You do not decide how much is too much, the judge decides how much is fair.

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Well, this may not sound but as a foreigner living in Germany you need to accept the "whole package". You like the good transport system, the health system, the work-related security you enjoy...but you don't like the divorce laws. It is all or nothing my friend. 

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