What can I do regarding filing for divorce from my German wife?

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What can I do regarding filing for divorce from my German wife?

I am a U.S. citizen and my wife is a German citizen. Our official marriage was held and honored in Germany. We had our German apartment lease originally in both of our names.But within that first week after my returning to the U.S., she had my name voided from the contract. I also spoke to her about wanting all upcoming divorce documentations dealt with while I was still there (in case of signature legal issues), but she wanted me gone within the next day. Where, here in the U.S., can I file forms needed? Otherwise, she says I have to await a year’s seperation, first.

Asked on July 30, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Please speak with an attorney in your area.  If you and your wife are both agreeable to a no fault divorce  and she will sign the papers then it could be easier, as you would not have to hire a party to serve her outside the US.  But you will have to meet the residency requirements in Alabama (the state you write from) in order to file.  Here is the law: when the defendant (your wife) is a nonresident, the other party to the marriage must have been a resident of this state of Alabama for six months before the filing of the complaint for divorce.  Seek legal help.  Good luck.


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