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German Law/Divorce of German marriage in US


I am a german and a legal alian of the U.S.and will be naturalized
as a U.S, citizen.I am returning to the U.S.and wish to divorce my German wife.I amtold I can applyfor a divorce in the U.S.even though we were married inGermany.And that the divorce would fall under U.S.Laws.Is this true?

Hello Kevin,

yes, if you have residence in the US, the state in which you live has jurisdiction over your divorce regardless of where in the world you got married. The state court will apply the law of the state you will live in.

Because you mentioned that you are about to get naturalized, please keep in mind that you need to obtain permission from Germany if you want to retain your German citizenship ( 25 II StAG), otherwise you will lose it automatically.

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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