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German Law/non eu citizen get divorce with a german


QUESTION: Hello,  

Im from asia country,  and would like to get divorce with a german husband.  We hv 2 kids (3 and 1 year old),  and im housewife.  Now i wanna know if is possible to get divorce and bring my kids back to my own country.

What i only want is bring my 2 kids to my own country,  not living in germany,  and i dont need him to pay.  Also i want to know what process i need to do?  


ANSWER: Dear Nicola,

You can only file a divorce claim at the German court if you and your husband have been separated for 1 year. But you can contact a local lawyer and file a claim that you want to receive the Aufenthaltsbestimmungsrecht for your children. The court can give you the right to move to Asia with your children if this is in the best interest of the children.

C. Burgess

---------- FOLLOW-UP ----------


Thanks for answering. But I have a question - The court can give you the right to move to Asia with your children if this is in the best interest of the children.----> but my child is only 3yr and 1 yr old, how can the court know if this is the best interest for them?

Normally the German judge would like you to stay in Germany with the children.

But if the father of the children is not playing an active role in the live of the children and your attorney can convince the judge that you are able to provide a better financial and emotional stable home for your children in Asia the judge should give you the permission to move with your children to Asia. You can contact me directly under if you are willing to pay for a telephone consultation to discuss your case in person with me.

Carolin Schulz-Burgess
German Attorney at Law/Foreign Legal Consultant

German Legal Services
306 South Walker Street
Columbia, SC 29205
Tel. +1 803 254-8153
Fax +1 803 753-9295

German Law

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Carolin Schulz-Burgess


German legal issues on inheritance, divorce, alimony, child custody and support, last wills and testaments, and other problems involving international family and civil law.


I am a certified German laywer with professional experience in both German and American law firms. Since 2001 I have been working independently at my firm, German Legal Services. I have represented hundreds of clients on matters involving US-German legal issues. One of my firm's areas of specialization is in divorce and child support and custody issues between members of the U.S. Armed Forces and German civilians.

World Affairs Council, German Bar Association

North Carolina Bar Association Newsletter

I received my undergraduate and JD degrees both from the University of Wuerzburg, Germany, whose law school is consistently ranked in the top 10 in Germany.

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