Hello,
I hope you can help, here is my situation. My current spouse has decided a divorce is the only way for our relationship. We separated on from house and home on or about 20 Nov 03, when I moved out to stay with friends or an hotel. Within this time I flew to Chicago and obtained a lawyer and filed for divorce on the 02 Jan 04, I used the Hague convention rules and a translated version of the divorce decree was mailed from the states on 15 Jun 04, which was received by the Germany courthouse on the 21 of Jan 04. My spouse was served on 09 Feb 04 with the divorce decree paperwork which was signed and sent back to the states, my current attorney received this paperwork in march which was filed in the Chicago court system on 1 March 04. MY wife on the other hand went to obtain a lawyer on 14 Jan 04 and had paperwork sent to where she was still living, signed for these documents without my knowledge and a court judgment made against me on 21 Feb 04, where I would have to pay her a substantial amount of alimony and child support. Once I found these documents on or around 08 March 04 I retained a lawyer here in Germany to try and protect myself against the Germany court judgment. I am lost. My lawyer I currently have in Chicago, despite saying she had knowledge on how international divorce is suppose to work seems to not have any ideal of what should happen next. I do have some questions regarding this matter.
1. Does the Hague convention aid in serving a Germany spouse with a divorce decree? If this is true does this give the US jurisdiction for settling maintenance and child support?
2. With me filing for divorce on 02 Jan 04, and my spouse not being severed until 09 Feb 04. Will the aforementioned Germany decision stand despite my lack of knowledge of the summons to appear in court until 08 March 04?
3. With this situation who has jurisdiction to determine maintenance and child support?
Any assistance would be greatly appreciated,
I hope you can help, here is my situation. My current spouse has decided a divorce is the only way for our relationship. We separated on from house and home on or about 20 Nov 03, when I moved out to stay with friends or an hotel. Within this time I flew to Chicago and obtained a lawyer and filed for divorce on the 02 Jan 04, I used the Hague convention rules and a translated version of the divorce decree was mailed from the states on 15 Jun 04, which was received by the Germany courthouse on the 21 of Jan 04. My spouse was served on 09 Feb 04 with the divorce decree paperwork which was signed and sent back to the states, my current attorney received this paperwork in march which was filed in the Chicago court system on 1 March 04. MY wife on the other hand went to obtain a lawyer on 14 Jan 04 and had paperwork sent to where she was still living, signed for these documents without my knowledge and a court judgment made against me on 21 Feb 04, where I would have to pay her a substantial amount of alimony and child support. Once I found these documents on or around 08 March 04 I retained a lawyer here in Germany to try and protect myself against the Germany court judgment. I am lost. My lawyer I currently have in Chicago, despite saying she had knowledge on how international divorce is suppose to work seems to not have any ideal of what should happen next. I do have some questions regarding this matter.
1. Does the Hague convention aid in serving a Germany spouse with a divorce decree? If this is true does this give the US jurisdiction for settling maintenance and child support?
2. With me filing for divorce on 02 Jan 04, and my spouse not being severed until 09 Feb 04. Will the aforementioned Germany decision stand despite my lack of knowledge of the summons to appear in court until 08 March 04?
3. With this situation who has jurisdiction to determine maintenance and child support?
Any assistance would be greatly appreciated,
