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German Law/Spouse Visa & Separation

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Question
I got married around 3 years ago & came to Germany on Spouse Visa. I am just a housewife with no job. My marriage is not working out anymore. My husband is very domineering, controlling and treats me like his servant. I don't want to continue this relationship anymore but want to stay in Germany and build my own independent future if I can.

Will my Spouse Visa be cancelled if my husband requests? And under what grounds can I stay in Germany?

Also if I apply for divorce in Germany will I get alimony?

Answer
If you have been married and living in Germany for 3 years, then you will be eligible for your own independent visa even in case of a separation ( 31 I Nr. 1 AufenthG).
This will be a visa for one year, in which time you would need to try to base your visa on other grounds, like work, study or business.

If you get alimony depends on your and your husband's financial situation. During the time of the separation (one year is required before the divorce can be granted), your husband would be expected to pay alimony if his income is high enough. After the divorce, you are generally on your own, in particular after such a short marriage.

Andreas Moser
www.about.me/moser

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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