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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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I'm american and my wife is german. we got married in

Customer Question

i'm american and my wife is german. we got married in Denmark 1989 and we both currently lives in the US. Can we file for divorce in the US are in Denmark?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: European Law
Expert:  José M. replied 8 months ago.

Hi there,

According to international law you could proceed in US as ii is where you reside now

So, get a family law atorney there and ask him to start the divorce procedure.

Expert:  EULawyer replied 8 months ago.

Dear Sir,

The answer to your question is:

1. You should get your divorce in South Carolina, because it will be the only divorce recognized there. The basis for this is the 'UNIFORM DIVORCE RECOGNITION ACT SECTION 20-3-410' (available here: http://www.scstatehouse.gov/code/t20c003.php), the point being that South Carolina does not recognize divorces obtained abroad while the parties where domiciled in South Carolina;

2. Strictly speaking, you could obtain a divorce also in Germany (not Denmark), on the basis that your wife is German. However, for US purposes, it would be unwise, since it would not be recognized.

In the other way, from the US to Europe, a South Carolina divorce would be recognized both in Denmark and in Germany.

I hope my answer was helpful and look forward to your rating, which is essential to my activity.

Cordially, Dr I L Vlad

(please make the distinction from the other site member, Jose M, when rating!)

Expert:  José M. replied 8 months ago.

Hi there, as you can read, you need to contract a local family atorney in US

Thank you

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