How to get divorced if husband is in the states and wife in Germany?

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How to get divorced if husband is in the states and wife in Germany?

I am married to a US Citizen. Marriage was sept.08. We married here in Germany and he applied for the german papers. After 5 month he just left and went back to the states and said it’s all over. So what excatly do I have to do to get divorced? The german law says the couple have to be seperated for 1 year and after that you can do the divorce papers. Do I have to get divorced in germany and the states or is it enough to get divorced in one country? He is staying right nowat his sister’s house in Oceanside, Ca. but I don’t know if he is a resident there. Normaly he is from Philadelphia, Penn.

Asked on June 24, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you get a valid divorce under the laws of Germany, it is probably likely that it will be recognized in the United States, if that matters to you.  I'm not familiar with German law at all, but as long as the procedure in the court there makes sure that the concepts of due process as understood here are reasonably well honored, that will be good enough.  The most important things are that your husband has to be notified of the proceedings and given an opportunity to participate, and that if he disagrees with the decision there is a way to appeal to a higher court.

You could also get your divorce in the United States, in whatever state he lives in, once he's met that state's residence requirement, which is usually 6 months to a year.


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