Getting a divorce in Germany

Status
Not open for further replies.

gekko

New Member
I married in Germany 5 years ago and I had been separated from my wife 1 year ago. (We don't have any kids). I want to get a divorce but I'm not sure if I can do it from the states or if she needs to start the process in Germany.
 
it depends on where your "domicile" is, which most times means, where you live.

If you live in Virginia and work there and have been living there for at least 6 months you can file there. If she lives in Germany as has been living there at least 6 months she can file there.

While it is pretty uncomplicated to get the marriage dissolved (both countries usually acknowledgte the other country's court decisions in this case), it can get very complicated when it comes to matters such as distribution of property and maintenance orders.

German law and American law are substantially different in these matters. Under German law in most cases a spouse might have substantial liabilities to the other spouse which can mean payments to her or him for many many years to come.

Under American law this is an exception. Once the common property is distributed, usually the case ends.

Now, in certain cases the decision where to file will be significant for the question which law will be applied. Under German law it also is important to ascertain where the marriage was performed, because that law actually could be the applicable one, too (for example: You are American, she is German, but you married in France, it could be that German courts will have to apply French law).

So what you are facing here is the possibility of what lawyers call "forum shopping", you can chose the most favourable place to file. To find out, which is the most favourable and what complicatoons can arise if your spouse also files in a court which is more favourable for her, you should consult an attorney who has experience in these matters. You would look for an attorney who is experienced in "international family law" and in this case obviously for one who knows about German law.
 
Status
Not open for further replies.
Back
Top