German Law/non eu citizen get divorce with a german
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.
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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 www.germanlegalservices.com if you are willing to pay for a telephone consultation to discuss your case in person with me.
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