European Law

Have European Law Questions? Ask a Lawyer Now.

Ask an Expert,
Get an Answer ASAP!

European Law
This answer was rated:

My husband and I married in Jan 2016 in Vietnam. In May

2016, I flew to Germany...
My husband and I married in Jan 2016 in Vietnam. In May 2016, I flew to Germany with D Visa. When I stayed there, my husband didn't register our marriage and make resident permit for me. After 3 months, I flew back to Vietnam due to expired Visa. Since then we didn't not have contact. Now is more than one year separation. Could you please guide me step by step for a divorce in Germany. Many thanks. Chao
Show More
Show Less
Ask Your Own European Law Question
Answered in 5 hours by:
9/7/2017
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Welcome to JustAnswer!
As your European Law expert, I am reviewing your question and will try to find a good answer for you.

Ask Your Own European Law Question

Dear Madam,

Thank you for your question. I am very sorry for your situation, because by his inaction your husband has put you in a very difficult position.

First of all, a word about international competence also known as jurisdiction. Under German law, you can file for divorce in Germany. However, on the other hand, you can also file for divorce in Vietnam. If you divorce in Vietnam, you have at least the following advantages:

1. You will be "on your own ground", the trial will take place in your own language, and he will have to react to it, by coming to you, rather than you fighting in his country's courts;

2. The process whereby the divorce decision from Vietnam can be recognized in Germany is much easier than a full divorce in Germany;

3. The costs are presumably much lower than in Germany (and you will see below why);

4. Also, since the marriage was not registered in Germany, you may have trouble proving that you are married with him in the first place, before German courts (it is not impossible, but it may mean having to register the marriage by force first, which means other money spent).

The most important thing to know about divorce in Germany is that you must be represented by an attorney. This is a legal obligation, under penalty of your letter to the court being dismissed out of hand. This is why, in other words, it would be of not much use to present the steps needed for a trial, since you are not allowed to take them anyway. In the main, the attorney will collect information and paperwork from you, summon your husband (who can accept the divorce out of hand, or contest it) and then go to court for the hearings. Once the decision is given, he will Apostille it, for you to obtain its recognition in Vietnam (which is another trial - one more reason to do it directly in Vietnam).

Lists of English-speaking attorneys can be found here (https://de.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/legal-assistance/).

Once again, the main point is that you cannot act yourself, and also you would most likely not qualify for legal aid in Germany (as a non-resident, non-citizen). So you would have to pay upfront.

On the other hand, as I wrote above, the smartest thing to do, if Vietnamese legislation allows, would be to invest in a local attorney in Vietnam, get the divorce there (your husband will have to react, either in person, or via a letter or an attorney), and only if need be, get it recognized in Germany.

I hope my answer was useful. I know it may not be what you were looking for, but I hope that the alternative, and the information on the procedural benefits of going through Vietnamese courts, are a useful information; and I look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified
EULawyer and 87 other European Law Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Dear Vlad,Thank you for your answer. It is useful. For more information: our divorce is very simple, no children, no common property, no dept. He is a psychologist.
Incase my husband will not react in Vietnam divorce (it looks to me that way) and want to go for German divorce which cost me a lot. What should I do?
Customer reply replied 2 months ago
To finish the divorce in Vietnam, the only thing my husband must do is reply to Vietnam court via post with his signature and legallization. They will send divorce certificate directly to him. Risk free and cost free for my husband, I bear all the cost in Vietnam.
But if he will just keep quite, like he did for the last year, what could I do to push him reply?
Ask EULawyer Your Own Question
EULawyer
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
270 Satisfied Customers
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office

EULawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

José M.

José M.

Attorney

646 satisfied customers

Spanish Attorney

A.Valcke

A.Valcke

Solicitor

140 satisfied customers

14+ years experience // Masters in EU Law

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

Buachaill

Buachaill

Barrister

19 satisfied customers

Barrister

< Previous | Next >

Related European Law Questions
I was issued a mortgage by Barclays Bank Spain a subsidiary
I was issued a mortgage by Barclays Bank Spain a subsidiary of Barclays bank UK on an ILLEGAL property when the Initial survey CLEARLY showed that the property was illegal. They denied me access to th… read more
José M.
José M.
Attorney
Máster
646 satisfied customers
My father passed away- he lived in Greece. I have provided
My father passed away- he lived in Greece. I have provided the attorney in Greece with my authenticated birth cert and marriage license of my parents. My mother's name is ***** ***** Sandra Tsakiris o… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I have someone trying to extort me on fb. Kansas city but
She's threatening to leak nudes of after a momentary lapse of judgement… read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
My question relates to mortgage advice, my wife and i
hi my question relates to mortgage advice, my wife and i remortgaged back in 2008 and asked to be put on a tracker mortgage but where told to stay on a variable rate mortgage by our broker, at the tim… read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
I hired Birman Law, but after many months no result. Birman
I hired Birman Law, but after many months no result … read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
Who and how do I get hold of interpol or utube Facebook to
Who and how do I get hold of interpol or utube Facebook to report that I am being blackmailed for being caught performing on webcam … read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
I am a teaching professor in Paris and was offered an
Hello,I am a teaching professor in Paris and was offered an opportunity to teach the same course i do teach in the university here but in an online school in China. I am a bit worries with the IP part… read more
Buachaill
Buachaill
Barrister
Master's Degree
19 satisfied customers
If you are possibly designated an "inheritor" of money from
If you are possibly designated an "inheritor" of money from Banco Caixa Penedes in Madrid Spain and have received several forms from them by Overnight Express including Internal Office Memo, a copy of… read more
José M.
José M.
Attorney
Máster
646 satisfied customers
How does a driving ban endorsement last in Ireland? I am
How long does a driving ban endorsement last in Ireland? I am applying for a job & they require if I have an endorsement. … read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
I am also being blackmailed from the Ivory Coast. Pretty
I am also being blackmailed from the Ivory Coast. Pretty much the same situation as the post on the website. What law Inforcement do I report this too? Local or in the Ivory Coast. I do have a name of… read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
It is not a immigration question, however have a procura
hello it is not a immigration question , however have a procura speciale that needs to be signed by a layer that is empowered by the Italian consolate I live in the interior of B.C. and it is a little… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I signed contract with a German music manager, after some
I signed contract with a German music manager, after some advice of fellow musician concerning this manager I found out that she is dishonest, pretending she works for musicians that she does not, and… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I have been served a court summons to appear as a witness in
Hi, I have been served a court summons to appear as a witness in tenerife for a phone theft which happened 4 years ago. It is very short notice and I cannot not afford to travel. I have been threatene… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I think my partner had been subject to harassment/ assault.
I think my partner had been subject to sexual harassment/ assault … read more
José M.
José M.
Attorney
Máster
646 satisfied customers
Is a verbal agreement still binding if the company that
Is a verbal agreement still binding if the company that offered a specific package or deal at the time and fail to deliver on it and try to charge you more than you agreed therefore breaking that cont… read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
I have a United States passport but I registered as a sex
I have a United States passport but I registered as a sex offender for an offense committed in 1997 how does it affect my passport … read more
José M.
José M.
Attorney
Máster
646 satisfied customers
I have paid an invoice in Germany for a service, however the
I have paid an invoice in Germany for a service, however the email address of the service provider was hacked. i received 2 invoices from them and paid the 2nd one (entitled 'new invoice') that invoic… read more
Jamie-Law
Jamie-Law
4,906 satisfied customers
I have been ripped of the sum of SLR 3,7 million by this
I have been ripped of the sum of SLR 3,7 million by this crook who was trying to sell my apartment. ( I had a 33 year lease) I wanted to sell, when it came to the crunch, he would not answer my phone … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x