I have a friend (Chinese national), she married a German national. They were married in China less than one year ago. It has turned out that he abuses her emotionally even to the point of pushing her to have an abortion of their child. She would like to divorce him; however, he refuses to return to China to perform the divorce. She is happy to divorce him in Germany, but she wants to return to China to live her life. According to him, there is a one year rule that she must stay in Germany and live together for one year before the divorce can be granted. Is this true and if it is true, then what other legal avenues does she have to obtain a divorce. It seems that this situation is not very good for her and he is taking advantage of the financial situation to more or less enslave her.
Dear Customer,thank you for using Just Answer.Yes , he is right.According to Art 3 VO ( EG ) Nr 2201/2003 she has to live in Germany for one year in order to be able to file for divorce in Germany.But they do not hhave to live together.According to German divorce law you normally have to be separated for one year in order to be ablge to get a divorce.There are exceptions to this rule but they are very rare.Best regardsClaudia Schiesslattorney-at-lawIf your question is answered please click the accept buttonThank you
He must legally support her separation?
Dear Customer,not support, but she has the right to separate from him and file for divorce once tbe separation lasts a year.After one year of separation there really is not much he can do against her divorcing him.It is best to seek the advice of an attorney who is specialized in immigrant law as well as in family law.Best regardsClaudia Marie Schiesslattorney-at-lawIf I have answered your question please accept my answerThank you
Sorry, final point. So, does the separation need to be filed in a court - a legal separation determined? Or she just moves out and if she can prove that her residence (in Germany) is one year or longer, then she can divorce, correct? Also, just to be clear - her separation must be entirely on her own financial living - he has zero obligation to give her money - correct? Also, she can live anywhere in Germany, correct? Her separate living does not need to be in the same city or region, correct?
No the separation is just something you do .It does not have to be filed , she just has to move out like you said.The divorce has to be fild in a court.If the marriage is only short ( a few months) then he is only oblieged to give her money for a few months.She can live anywhere but really should seek the help of an attorney as soon as possible.Best regardsClaudia SchiesslIf I have answered your questuion please accept my answerThank you
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