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Divorce With Only One Spouse in the U.S.

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  • 10-27-2010, 04:49 AM
    Wanja
    Divorce With Only One Spouse in the U.S.
    My question involves a marriage in the state of:

    My husband and I got married in April 09. Soon after we found that we had unsolvable difficulties and did not want to stay married. I am a German citizen, he is American. I never moved to the US. I am still in Germany. We never shared a home, so there are no assets to be divided. We have no disagreements regarding the divorce.
    I have the following questions, i was not able to find answers to online:
    - How can we get a divorce?
    - We got married in Ohio, but he is a Michigan resident. In which state do we have to file for divorce?
    - How high will the costs be?
    - Do we each need a lawyer?
    - How fast will the divorce process be?
    - Do we have to get a legal separation first?
    - Will I have to be present in the US for a court date?

    Thank you so much in advance for your help, it is very difficult finding this information from over here in Germany.
  • 10-27-2010, 06:44 AM
    Mr. Knowitall
    Re: Divorce With Only One Spouse in the U.S.
    He would file for divorce where he is presently domiciled. You are telling us that's Detroit.

    It's possible to complete the divorce with neither of you represented by counsel, one of you represented by counsel, or both of you represented by counsel. The costs will depend upon whether or not one or both of you hire lawyers. You can look up filing fees on the court website.

    If you're living in Germany and he's in Detroit, you're already separated. But there is a sixty day waiting period (that you can ask the court to shorten) for a divorce that does not involve kids (180 days with kids).

    Somebody will have to appear in court for the divorce to go forward. It's possible for him to file and handle all of the appearances, while you remain in Germany. It will be up to you whether or not you trust him to do that or if you want to either travel to the U.S. for court or seek legal representation.
  • 10-27-2010, 07:00 AM
    Wanja
    Re: Divorce With Only One Spouse in the U.S.
    Thank you very much for your quick reply!

    How does he go about filing for divorce without a lawyer? You said he has to appear in court. How does that work? He sends in the papers first and then gets a court date?
    i'm sorry, i am completely clueless, its my first divorce ;)


    Quote:

    Quoting Mr. Knowitall
    View Post
    He would file for divorce where he is presently domiciled. You are telling us that's Detroit.

    It's possible to complete the divorce with neither of you represented by counsel, one of you represented by counsel, or both of you represented by counsel. The costs will depend upon whether or not one or both of you hire lawyers. You can look up filing fees on the court website.

    If you're living in Germany and he's in Detroit, you're already separated. But there is a sixty day waiting period (that you can ask the court to shorten) for a divorce that does not involve kids (180 days with kids).

    Somebody will have to appear in court for the divorce to go forward. It's possible for him to file and handle all of the appearances, while you remain in Germany. It will be up to you whether or not you trust him to do that or if you want to either travel to the U.S. for court or seek legal representation.

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