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German Law/help divorce Kenyan in Germany

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Thankyou in advance for finding time to read this. I will use a chronological oder to make things clear.

1 I am 29 years Spouse , a divorcee German National of 66years
2 We married in Kenya and later came to Germany and got German marriage certificates.

3. My husband was willing to help me come here and work, but i had to be a house wife since i had to learn the language in order to fit in the Job market,i am still looking for a Job.

4. My husband started treating me bad, shouting, very rude and odering for sex everytime, he makes me feel that i came here only to please his sexual needs.He made me have 2 times abortion. I have gone through a lot of public ridicule because of Age difference as i go outside with him.

5.we married in Kenya in 2008 then i came to Germany in 2011. I have a Aufenthalterlaubnis for 3 years that is valid until  March 2014.
6. He just went on Rente and he is staying at the house practising his shouting and retorting skills every single second. I spend time in the kichen pretending to be busy in order to avoid his mean Looks and retorting acts.He once told me that i cannot leave him since i have nothing. he never lets me save any pocket Money he gives me. He makes sure all pocket Money is finished before giving me some more.

7. I am almost giving up, since am finishing the 3 year stay in Germany in March 2014, when is the right time to file for a divorce, i am really not after the German passport since i have had enough of this life

Question:. If i divorce him right now, will i continue staying in Germany or i will be sent home with absolutely nothing after spending all These years with this man?

P:S he is very clever because he sold his house before marrying me, so we dont have any property to divide, of which is a good Thing because am just tired of this life. I just dont want to be sent home with just my baggage and with Zero ammount in my Konto.

Answer
Hello Mercy,

if you have no intention of staying in Germany, you can of course return to Kenya anytime. You can file for divorce there or in the German courts without returning to Germany yourself.

You are under no obligation at all to remain in Germany just because you are married.

According to 31 I AufenthG, your residence permit will be extended for 1 year after the first 3 years of marriage even if you will separate then. But you would have needed to stay living together for the first 3 years of your residence permit.
If you get separated before these 3 years are up, your current residence permit will become void.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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