If my wife and I are stationed in Germany and have been here for 1 year but I want to divorce her, where do I begin?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife and I are stationed in Germany and have been here for 1 year but I want to divorce her, where do I begin?

Do I file for a German divorce, or can I do it in my home state? And how do I begin the process to divorce her? We have one child; can my wife flee the country with her? What about the Hague Act that prevents this, if she flees, will the child be returned to me? What can I do to prevent her from taking the child back to the US? She is an adulteress and a mental abuser; I just want this over with as soon as possible.

Asked on July 30, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file for a divorce in your home state, but try to arrange for an oversees consult with an attorney before you do.  You may be able to file in Germany, as well.  So you would want to consult with an attorney in Germany as well.  The reason for consulting with attorneys in both countries is to make sure you compare options. 
Generally, in Texas, your options would be to seek temporary orders which granted you managing conservatorship of the children and put limits on her travel plans.  The orders will help you prevent her from taking the children out of the country.  If she violates, then you have an order in place to enforce.
I know you want this over with as soon as possible, but keep in mind that this is a divorce action.  Texas requires a 60 day waiting period before a divorce can be finalized.  However, the more complicated the divorce, the longer it will take.  You already have one complexity because of your distance from the court.  If you add child custody issues, it could prolong the divorce action even further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption