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Married In Denmark - How To Divorce

Family Law Discussion Forum

Married In Denmark - How To Divorce

Postby jermaine » Fri Dec 02, 2016 9:26 pm

Hi,

We were married in Denamrk. My wife may want a divorce. I work for the military in Germany(civillian). Under what law would we get divorced - German, because we live here, or is there a system through the military? How does the law affect custody of a child - we have one child together and my wife has a child from a previous relationship.

I don't have any money or assets for her to take - I am not sure how child support would work, if she got my child - as we just barely make ends meet right now.

My main concern would be that I want custody of my child - I am the more fit parent.

Thanks,

Brad
jermaine
 
Posts: 43
Joined: Wed Dec 11, 2013 7:21 am

Married In Denmark - How To Divorce

Postby clem84 » Sat Dec 03, 2016 11:42 am

Hello Brad,

there is no military divorce system, but you can use the German courts. If both of you have the same citizenship(e.g. both Americans), the German court could apply the law of your home state. If you have different citizenships, the German court would apply German law based on you residing here.

The child from a previous relationship will be unaffected.

For the child you have together, the court would only address child custody if one of you asked the court to do so. Otherwise, you would both retain shared custody.

If you want custody, then you would need to show to the court that the child would be better off with you(which is usually an uphill battle for fathers, especially when the children are still young).

If the child stays with your wife, the child support payments(and possibly also the alimony payments) would be calculated based on your net income. You are also allowed to deduct loans that you are paying off.

Andreas Moser

Rechtsanwalt und Fachanwalt für Familienrecht

(Attorney at Law and Family Law Specialist)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Gustav-von-Schlör-St 10, 92249 Vilseck, Germany

phone: +49-9662-289981 - fax: +49-9662-701391

mobile: +49-172-8100726

www.moser-law.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~  
clem84
 
Posts: 61
Joined: Fri Apr 01, 2011 2:04 pm

Married In Denmark - How To Divorce

Postby tate8 » Fri Dec 09, 2016 1:20 pm

Hi,

We were married in Denamrk. My wife may want a divorce. I work for the military in Germany(civillian). Under what law would we get divorced - German, because we live here, or is there a system through the military? How does the law affect custody of a child - we have one child together and my wife has a child from a previous relationship.

I don't have any money or assets for her to take - I am not sure how child support would work, if she got my child - as we just barely make ends meet right now.

My main concern would be that I want custody of my child - I am the more fit parent.

Thanks,

Brad
tate8
 
Posts: 57
Joined: Fri Apr 01, 2011 7:34 pm


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