German Divorce procedures

Kanaye · #1 Aug 29, 2007, 11:40 PM

Hello,

I am an American Citizen who married a German Citizen in Germany in 2005. In less than a year, I desided I wanted out of the relationship. We both wrote and signed a paper stating we agreed to be seperated from eachother as per what a German Lawyer told us to do. I have moved back to the US since then, and I am currently getting the run around from my soon to be Ex. What I would like to know, is how difficult it is to obtain a German divorce, and is it more complicated since one party is not in Germany? And what are the procedures that need to go on before it is decreed a divorce? We have almost been seperated for 2 years now. I am not the type to care about money or getting anything from the divorce, all I want is the freedom to marry again if the oppertunity arises. I just don't want it hanging over my head for the rest of my life.

Thanks for any answers that come my way

Danielle

IntroducingEmy · Aug 30, 2007, 12:20 AM

I would say first you should contact a specialist lawyer in the states that can help you with the legalities of the situation and also help you locate the paper you and your husband signed. If anything it would at least be proof that at one time your husband wanted the divorce and it'll be invaluable if he keeps giving you the run around.

I myself know little about foreign divorce policies but according to this site ( Germany Divorce, Prenuptial, Separation, International Family Law ) the divorce might only be recognized in the US or in Germany but not both.

"The dissolution of a marriage is thus basically only valid in the state in which it was dissolved ... and so separate proceedings are usually required for its recognition elsewhere."

It also states that if you are decreed divorced in the US then you will be able to marry but if you were to ever return to Germany as a citizen it could cause legal problems with the marriage being considered bigamous. I'm sure though that you want the marriage ended on all grounds so a lawyer who can help you through the German legal system would be of great importance.

I'm sorry I can't be of more help but I wish you the best. Keep us posted!



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