My jurisdiction is: Texas
If both parties file for divorce within a week of each other, one in Texas and one in Germany, which court has jurisdiction?
Background:
1. We were married in 1984 in Germany while I was in the Army.
We lived jointly in Germany for 2 yrs 10 mos.
2. I moved to Colorado for assignment in Sep 1986 and she joined me in Dec 1986 after I found housing. We had our only child in May 1988.
3. We lived together in Colorado until Nov 1989. (2yrs 11 mos)
4. We lived in Germany from Nov 1989-Jun 1993. (3 yrs 6 mos)
5. We moved to Ft Riley KS from Aug 1993-Aug 1994 when I retired from the Army. (1 yr)
6. We have lived in Texas from Aug 1994 to present (14 yrs)
7. So we have lived the past 15 years in the USA, the last 14 in Texas. I recently told her I am considering divorce (uncontested). My son told me that she has steadily been on the phone with her family in Germany since I told her I wanted a divorce last week and mentioned that she told him her brother was in court in Germany for a different matter. Normally my wife would not mention things of this sort to my son and makes me think she may be trying to file for divorce in Germany for a more favorable settlement.
8. If I immediately file this week, who would have jurisdiction? I do know German law requires a 1 year seperation. I am not sure if this seperation requirement must be met before, or after filing for divorce, or if it even matters.
9. My son is an American citizen, attending a local college and has no ties to compel him to move to Germany (doesn't speak German either). Since she has built her future here in America and is here on a permanent visa, I do not believe she has any intention on moving back to Germany and filing there would only be for their divorce laws.
Any opinions in this matter is greatly appreciated as I really don't want to file immediately for divorce but will if need be and it is not too late.
Thx, Jaybogg
If both parties file for divorce within a week of each other, one in Texas and one in Germany, which court has jurisdiction?
Background:
1. We were married in 1984 in Germany while I was in the Army.
We lived jointly in Germany for 2 yrs 10 mos.
2. I moved to Colorado for assignment in Sep 1986 and she joined me in Dec 1986 after I found housing. We had our only child in May 1988.
3. We lived together in Colorado until Nov 1989. (2yrs 11 mos)
4. We lived in Germany from Nov 1989-Jun 1993. (3 yrs 6 mos)
5. We moved to Ft Riley KS from Aug 1993-Aug 1994 when I retired from the Army. (1 yr)
6. We have lived in Texas from Aug 1994 to present (14 yrs)
7. So we have lived the past 15 years in the USA, the last 14 in Texas. I recently told her I am considering divorce (uncontested). My son told me that she has steadily been on the phone with her family in Germany since I told her I wanted a divorce last week and mentioned that she told him her brother was in court in Germany for a different matter. Normally my wife would not mention things of this sort to my son and makes me think she may be trying to file for divorce in Germany for a more favorable settlement.
8. If I immediately file this week, who would have jurisdiction? I do know German law requires a 1 year seperation. I am not sure if this seperation requirement must be met before, or after filing for divorce, or if it even matters.
9. My son is an American citizen, attending a local college and has no ties to compel him to move to Germany (doesn't speak German either). Since she has built her future here in America and is here on a permanent visa, I do not believe she has any intention on moving back to Germany and filing there would only be for their divorce laws.
Any opinions in this matter is greatly appreciated as I really don't want to file immediately for divorce but will if need be and it is not too late.
Thx, Jaybogg
