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I am contemplating divorce in Germany. I am a private American

 
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  • Answered by:legal eagle
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Customer Question

I am contemplating divorce in Germany. I am a private American citizen with one minor child (American). My American husband is a highly paid executive for a German company. How long do I have to be separated before I can get a divorce? One year? Three years? Some other period?

 



Already Tried:
nothing, just thinking about divorce as my child is 15 and I don't think I want to stay in this marriage once he reaches 18.

Submitted: 307 days and 17 hours ago.
Category: German Law
Value: 38 €
Status: CLOSED
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Expert:  legal eagle replied 307 days and 16 hours ago.

Dear Customer,

thank you for using Just Answer.

In order to get a divorce here in Germany you have to be separated for one year.

You can either separate in different houses or in the same house.

You have to eat and sleep separate from your husband and not perfom any chores for him like cooking, washing or cleaning.



As separation in the same household is difficult to prove I would strongly recommend separating in two different households.




I hope I was able to help you



Best

C. SAchiessl
attorney-at-law

Customer replied 307 days and 16 hours ago.

He does not want a divorce. What if I file and he contests it?
How long at a minimum then would be separation be required?

Accepted Answer

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Expert:  legal eagle replied 307 days and 16 hours ago.

Dear Customer,

if you file and you can prove the separation and he does not want the divorce you can get a divorce all the same by explaining why you consider your marriage to be over.


Thus you can get a divorce after one year of separation


The 3 years of sparation you probably heard about is a different thing



After 3 years have passed nothing can be done against the divorce any more no matter what arguments the other side may have.


But one year of separation works just fine.


The minimum required varies from court to court.

Some courts only require 10 months of separation beecause the divorce procedures require a certain amount of time and after that is over the year of separation is over as well.




I hope I have helped

Expert TypeAttorney
Category: German Law
Pos. Feedback: 97.9 %
Accepts: 377
Answered: 6/6/2012

Experience: More than 18 years of experience in practicing law

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