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mushiko · Feb 20, 2010, 03:51 AM

My husband and I are in the process of discussing the option of divorce. I have a number of questions based on the information listed below:

•I am a Korean citizen, and my husband is a French citizen.
•We have filed our marriage in France.
•We have lived in Germany for 12 years.
•My husband files his taxes in Germany, and I file my taxes in the US.
•My husband has a stable income. I have not worked since 2008.
•We have no common child.
•My husband owns a property in Germany, where we have lived during the last 10 years, and I have none.

Questions:
1)Where do we file our divorce?
2)At the moment, there is no specific incident which caused the topic of divorce. If we reach a decision, it will be a mutual agreement. If we divorce, my husband will continue with the current life structure; job and location where he lives, while I will need to restart my life; change country, look for place to live, look for work. Do I have any rights for a sort of settlement?
3)If I do have some rights, which law (which country) do we follow?

ROLCAM · Feb 20, 2010, 04:17 AM

1)Where do we file our divorce?

In Germany of course.

2)At the moment, there is no specific incident which caused the topic of divorce. If we reach a decision, it will be a mutual agreement. If we divorce, my husband will continue with the current life structure; job and location where he lives, while I will need to restart my life; change country, look for place to live, look for work. Do I have any rights for a sort of settlement?

Of course you have a right of settlement.
The norm would be 50/50(without children).

3)If I do have some rights, which law (which country) do we follow?

I would think you follow German Law.

mushiko · Feb 20, 2010, 04:33 AM

I am not sure if I will reach ROLCAM this way, but I thank you for your quick response. If you are still there, I would like to know what you mean by 50/50. Does this refer to his property value where we live? We both have separate savings. Do we calculate his and mine separately, and divide the differences? I am not describing this well. Say he has 100 dollars and I have 50 dollars in our accounts. Do we say, since he has 50 dollars more than me, I have a right to request 50% (25 dollars)?