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German Law/Divorce & Military Records


I have dual citizenship and just recently filed for divorce from my American wife.  Her lawyer is stating that if I do not show I was in the German military, I cannot get the divorce and will be declared mentally unstable for saying I was in the German military.  I do not understand why I have to prove I was in the military in order to get a divorce.  I lost my papers when I moved to the USA from Germany.  In fact, we lost 10 boxes of various documents thatI never was able to recover.  I have no dates to provide and any military numbers if needed so what can I do.  If I do not show the lawyer that I served in the Germany army,then I am a liar and therefore need to be placed in a mental institute.  I never in my life have encountered such wierd laws.  Please give me advise as to what I can do.  I heard from some of my former friends that the building that housed alot of military documents (possibly mine too) was burnt down and alot of documents were destroyed in the fire.  If that is the case, it looks like I cannot get divorced from this horrible person and am stuck with her.  Please advise what I can do?
God Bless You

Peter Wriedt

Hello Peter,

it's the first time that I hear about such a weird law and I don't see the connection between military service and divorce. I would be curious to read that law.

Maybe we should point out that military service in (West) Germany was never fully compulsory, as there was always the chance to object (Art. 4 III GG) and to do civil service instead. I don't know about the situation in East Germany though.

If you wish to obtain your military records, I suggest contacting the "Verteidigungsministerium". Another option is to contact the "Rentenversicherung" as your military service might have acrued some retirement benefits for you. Then your statement of retirement benefits (even if you are too young to draw them now) would possibly show your military service.

I wish you all the best!

Andreas Moser

German Law

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Andreas Moser


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.


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.


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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