How to get divorced if husband is in the states and wife in Germany?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to get divorced if husband is in the states and wife in Germany?
I am married to a US Citizen. Marriage was sept.08. We married here in Germany and he applied for the german papers. After 5 month he just left and went back to the states and said it’s all over. So what excatly do I have to do to get divorced? The german law says the couple have to be seperated for 1 year and after that you can do the divorce papers. Do I have to get divorced in germany and the states or is it enough to get divorced in one country? He is staying right nowat his sister’s house in Oceanside, Ca. but I don’t know if he is a resident there. Normaly he is from Philadelphia, Penn.
Asked on June 24, 2009 under Family Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If you get a valid divorce under the laws of Germany, it is probably likely that it will be recognized in the United States, if that matters to you. I'm not familiar with German law at all, but as long as the procedure in the court there makes sure that the concepts of due process as understood here are reasonably well honored, that will be good enough. The most important things are that your husband has to be notified of the proceedings and given an opportunity to participate, and that if he disagrees with the decision there is a way to appeal to a higher court.
You could also get your divorce in the United States, in whatever state he lives in, once he's met that state's residence requirement, which is usually 6 months to a year.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.