Divorce rule in German needed

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cinta

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I represent my friend who is German man and he wants to divorce his wife and as his best friend I am willing to help him by find some information about this. He is in confusing situation right now.

I describe here in general his situation marriage problem.
He and her have been married for 10 years. They don't have any kids until now, but she has a daughter from her previous husband and the daugther lives with them, she is 14 years old now. His wife is Brazilian and they married in Denmark. He has his own business at home and he running his business himself. His wife works as a freelancer for any product's promotion.

The marriage problem came up after the year of 6th of marriage that he noticed it. His wife controling him all the time and always try to made any confrontation with him with excuse him that he has an affair with other girl, that definetely he doesn't. He starts suspicious that his wife has other affair after he saw himself 2 times last 2 years ago that his wife was went out from the house of his neighbour's ( a man). He already told her to stop contact with this guy, and she promised him will do it. He tried hard to keep the marriage still in harmony, but in 2004 their marriage become more worst. Their marriage always full of fighting. They didn't have a sex as husband and wife since October 2004. Even though in that situation he still willing to keep the harmony of his marriage. This problem situation effected to his business, who is running down right now.

In February 2005, he is knowing a girl by internet and they become close to each other ( well I can understand why he did it after all happenend with his unhappy marriage). He told his mother that he met other girl and he feel happy and comfort with this girl.
In Mei 2005, he found all the email of his wife to this neighbour's guy. From all those email he found that his wife actually really has affair with this man for 3 years already, beside that he also found other emails from 2 other men to his wife and they already met each other, that he assumed. He didn't noticed all those things from his wife because his trusted her, even she said she wanted to visit her friends in other city of German. He printed out all those emails and showed them to her. She totaly denied all those emails, she said that she wrote herself those emails to make him jelous because she knows oneday that he will find those emails ( is it make a sense reason, don't you think?). Beside that also he found in the telephone bills that she has a lot of calling to the same number for already 5 months, and he check out the number and it belongs to this neighbour man. She didn't realize that his wife has affair already 3 years and flirted some men.
Even in other side he feel guilty of himself and to his wife because he knew other girl, but he feel that he is just a normal man that he can not deny to attract to other girl because he feel unhappy with his relationship, especially with his wife behaviour and attitude. The fighting more became bigger and sharper and after all he feel tired in trap in this bad situation because it is really effect to his business also. She even had called his business partners and told them how bad person is her husband. So, he decided to divorce from her. He told her about this in June 2005, of course she could not accept this in the first, afterthat she accepted and busy try to find a new appartement for herself. But, she always changed her mind, today says OK, next day says NO. it can say like she has 2 personality ( I don't want to assume myself about her, but for all I heard and see, it seems like that).

Recently in the end of the week of July, his wife found some pictures of his new girl friend and their pictures together, she went into his computer. She asked him and he answered in honest that he is knowing other girl because of the problem in marriage and he feels unhappy.
She sent some those pictures to her sister who also lives in German. Now, she became more violence againts him. She called all the friends and family of him to tell them that her husband has affair. She said also that she will display all those pictures on the street in the city.
She treated him many time that she will hire someone to kill him or even she will do it herself. She also treated him that she will do anything to destroy his businness. Before she said she wants move out from the house and now she doesn't want to move out from the house.

I had read some of rules in German for divorce, but I would like to get more further information and advise from this kind of marriage problem.

The question are:
1. What he must to do to take a good way for his divorce?

2. As I read: "Normally you can start the divorce procedure in Germany, when the spouses are seperated more then one year. The separation can take place in the formal common home for some month, which counts as separation - time, but afterwards it is better to live in two different homes."
They are not separate until now, even her wife sometimes stays by her sister for couple of days. So, how and when their divorce can be start? should they separate for 1 year first than ask for divorce or he can already ask the divorce through the lawyer?

3. For the allimony, how long he must to pay for her and should he also support the daughter of his wife, even she is not her own daughter?

4.As I read also; "In Germany you divide only the properties, witch are owned while the spouses live together. The law compares the situation of each husband at the moment of marriage and the moment of seperation (divorce - petition)."
They live in the rent house since they married. How about this? Can he stays in the house and his wife who move out from the house? it doesn't matter for him to pay the rent of her new appartment. Who decide the spouses to live or to get out from the house? and when one of the spouse should be moving out after the divorce request?

"The husband, which got more properties in this time has to pay the half of this value". : what it means by this rule?
How about the credits and also his company, should he also divide it?

5. How he must to do to protect his business from his wife violence as she treated him that she wants to destroy his business. is it possible she can do that?

6. How he must to do to protect himself for any bad thing happen that his wife will do to him? He believes that she will do that because he knew well her personality and character, one time she almost do that.

7. Should both of them also attend in the court for the divorce and how long it takes the processing of the divorce until the divorce approved?

I really appreciate and look forward to receive any information and advise from you regarding this matter. Thank you so much for your kind attention and help.

Sincerely regards, :)
 
I assume they live in Germany. First of all, he should consult an attorney right now. Under German law parties in a divorce must be represented by an attorney anyway, so he can already go and get representation. The attorney then will explain everything.

Basically you already found the main rules. The couple has to live separated for one year before the divorce can be decreed. What constitutes legal separation the attorney will explain to him. A couple can be separated even when living in the same home, though this is unusual. The law hopes that the couple will agree on who will move out of the house and who will stay, but if they cannot often the courts favor mother and child.

Germany basically is a community property country, all property that was acquired during the marriage will be divided between the parties, including future interests. Property that belonged to one party only before the marriage remains with that party. A party who is raising children may also be entitled to alimony.

Since the girl was not his child, he does not need to pay child support for her unless he adopted her. Her biological father has to pay child support for her.
 
Thank you for your information.
Yes they live in Germany. He consulted once time by attorney, he said he got only in general information.
About the separating before the divorce can be decreed, the couple has to live separated for one year, is it possible he can fill divorce less than one year separated as ' a quick divorce'?
I read that for 'a quick divorce' is possible if the continuation of the marriage would result in unreasonable hardship to the petitioner owing to factors attributable to the other spouse, which are directed against basic values of human interaction and respect, such as e.g. physical maltreatment but also other insupportable forms of misdemeanour such as
threats, severe verbal abuse, excessive use of alcohol. She is threating him many time such as: will hurt herself and tell police that he the one who did to her, she will hire someone to hurt him, she will call all his clients to tell them to stop the business with him, those threats she all the time said to him. She also said lately that she want to do anything to let him him down as her revange.

When start to counting the separation if both of them don't wanna leave the house, as you told that a couple can be separated even when living in the same home and how to manage in this way of separating in the same home?
If the wife and her child stay in the house, because as I mentioned that the house is a rent house, who should pay the rent for the house during their separating or while in divorce proceeding?
Is it true if one of the spouses leave the house for 3 days to 1 week, means that he/she is the one who wants to leave the house?

thanks again :)
 
One more forgot:

If in separating before one year, he has a new partner it will any effevt to the divorce proceeding?
 
Normally you do not get around the 1-year separation requirement. Courts very very seldom grant any shorter period.

It is possible living separate in the same house, one would have to show for example a total separation of accounts, of payments for necessities, of conducting live. Since this is important and tricky, because it can affect the separation duration, if any party is contemplating living separate in the same place, they definitely need to consult an attorney first.

In Germany divorce is no-fault, so a new partner usually does not affect the proceedings.
 
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